Courses / The Firearms Control Act / Lesson 5
Declared unfit
How it happens and what follows. Lesson 5 of 8 · about 8 minutes to watch.
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Step through the slides. The trainer's words are under each one.
Declared unfit
Firearms Act, lesson 5 of 8: how it happens and what follows
Today: the two ways a person can be declared unfit to possess a firearm, and what happens next.
Two ways to be declared unfit
| Aspect | The Registrar (s102) | A court (s103) |
|---|---|---|
| How it starts | Information under oath | A conviction |
| Decision | May declare, after hearing you | Automatic, unless the court decides otherwise |
| Your chance to respond | Written notice, then you state your case | At your trial |
There are two routes. The Registrar may declare you unfit based on information given under oath, but only after hearing you. Or a court declares it when you're convicted of certain offences, and that happens automatically unless the court decides otherwise.
When the Registrar may declare you unfit
- A final protection order against you (domestic violence or harassment)
- You said you'd kill or injure yourself or someone else
- Mental condition, violence or substance dependence
- Not keeping firearms safely, or giving false information
Section 102(1) lists the grounds: a final protection order under the Domestic Violence Act or the Protection from Harassment Act; stating an intention to kill or injure yourself or another person with a firearm or other weapon; where your mental condition, inclination to violence or dependence on alcohol or drugs makes it against your or others' interests; failing to keep firearms safely as prescribed; or giving false or misleading information under the Act.
You're heard first
- 1Written noticeDelivered by hand, with a time and place
- 2Your reasonsYou may have a lawyer and question witnesses
- 3ConsideredThe Registrar weighs it all
- 4DecisionOnly if satisfied you're unfit
Section 102(2) protects you. The Registrar must deliver a written notice by hand calling you to give reasons why you shouldn't be declared unfit, give you a reasonable chance, consider it properly and be satisfied. Section 102(3) lets you be legally represented and question the people who made the statements.
Convictions that make you unfit
- Unlawful possession, or a crime using a firearm
- Not storing firearms properly, or losing one through negligence
- Handling a firearm under the influence
- Violence, sexual or domestic abuse, or drug dealing
Section 103(1) lists the convictions. Among them: unlawful possession of a firearm or ammunition, any crime involving the unlawful use of a firearm, failing to store firearms as required, negligent handling or loss, handling one under the influence, offences involving violence, sexual abuse or dishonesty with a prison sentence and no fine option, domestic abuse, drug dealing, and serious crimes like rape, kidnapping and terrorism. The court must notify the Registrar and, unless it found you not unfit, order the immediate seizure of your licences and firearms.
What happens next: section 104
- 1Licences endFrom the date of conviction or declaration
- 2Surrender in 24 hoursAt the nearest police station
- 3Dispose in 60 daysThrough a dealer, after any appeal
- 4Wait 5 yearsThen you may apply again
Section 104. Every competency certificate and licence ends from the date of the conviction or declaration, and you stay unfit while an appeal is pending. Within twenty-four hours you must surrender everything at the nearest police station. The firearms must be disposed of through a dealer within sixty days of the appeal ending, or of the Registrar's written notice if there's no appeal; otherwise they're forfeited to the State. After five years you may apply again, but it isn't automatic. Not surrendering carries up to fifteen years.
Why Anel tells this story
- Most routes to unfitness start with a lapse in safekeeping or sobriety
- One bad night can end every licence you hold
Anel tells the group about a former student who left a rifle in an unlocked cupboard and lost it in a break-in. A negligence conviction followed, then unfitness, then losing every firearm he owned. The safekeeping rules you'll learn next are what stop that happening.
Your turn
Before lesson 6
- Do the exercise: Who declares it?
- Answer four quick questions on this lesson
- Talk to your household about where the safe is and who can open it
Before lesson 6, decide who would declare a person unfit in eight situations, and answer four questions. Then make sure your household understands that only you open the safe. Next: carrying, transport and storage.
Do: Who declares it?
In each situation, who would declare the person unfit, if anyone?
Check
Four quick questions. The reason shows as soon as you answer.
Apply
Where this shows up in your own life.
Talk to your household about where the safe is, that only you open it, and why.
Ridgeview Firearms Academy and its people are fictional. This is study material written from the Firearms Control Act and the SAQA unit standards. It isn't an accredited course or legal advice; your accredited training provider runs the official tests.