QLD fit and proper person

[Barry123]

Hello. I can get an originally 5 year dv order shortened to 3 years after application and court procedures. So does that mean once the order is removed i am a fit and proper person? or do i need to wait the original 5 years to be classified as fit and proper ?

cheers
Barry

 

[Rod]

The fit and proper test is not dependent on whether the DV order is operating. It depends on the alleged incidents that led to the DV in the first place.

Though a DV generally by itself against a partner is not one that causes a person to fail a fit and proper test. Any accompanying assault charge or sex crime is what will normally determine a pass or fail on the test.

 

[Barry123]

Ok thanks, But in terms of firearm licence application if you have a DVO then it appears that I am instantly a NOT fit and proper person without firearms licencing asking any details .

 

[Rod]

Likely very similar to Vic.

You have to make an application as to why should either retain the gun license, or get it back. We had someone consent without admissions reapply to get the gun license back. References and community work help with the application. They were successful. Other factors in play is whether the gun is needed for protection of stock or crops.

 

[Barry123]

Ok. So what I am asking is does the 3 year order make me more of a fit and proper person or do i need to wait the 5 years ? Will the firearm application have more of a positive spin towards me if the order was only for three years ?

cheers

 

[Rod]

It is a factor, but likely of marginal benefit.

 

[Tim W]

Ok. So what I am asking is does the 3 year order make me more of a fit and proper person or do i need to wait the 5 years ? Will the firearm application have more of a positive spin towards me if the order was only for three years ?

cheers

1. It can help to understand that fitness and propriety
   are not automatically restored at the moment that the Order expires.
   
   
2. It can also help to remember that there is no concept of any kind of somehow-enforceable right to a licence.
   
   
3. There are many variables. Not least of which are the facts and circumstances of you personally.
   You would be well advised to seek formal, case specific legal advice.

 

[Barry123]

Ok. Just a quick overview of the dvo. It was a financial emotional type accusations no physical violence or arrest. ( in fact she claimed to be upset about my business signs in a tree and claims i was looking at her emails and claims, i waived to her once at the police station and i ignored her once on the couch etc ) the police supplied and affidavit also stating she told them she had never been physically threatened or hurt. to the point where my lawyer stated it all lacked substance.

cheers

 

[lostinspace]

In NSW they say it is 10 years before you can apply. Perhaps people can see why the americans look after the rights they enjoy.

Anyway why not just ask the authority direct on what you need to do.