A person wanting to hold a Weapons Act licence or any existing licence holder must demonstrate that they are “fit and proper” to hold a licence.
Generally a person is not ”fit and proper” if, in Queensland or elsewhere:
- the person has been convicted of or discharged from custody on sentence, within five (5) years immediately before the day the person applies for the issue or renewal of the licence, an offence relating or involving the following:
i) the misuse of drugs
ii) the use or threatened use of violence
iii) the use, carriage, discharge or possession of a weapon
- a domestic violence order, other than a temporary protection order, has been made against the person within five (5) years immediately before the day the person applies for the issue or renewal of the licence.
However, in determining a person’s “fit and proper” status for the issue, renewal, suspension or revocation of a licence an Authorised Officer must also consider:
i) the mental and physical fitness of the person
ii) whether a domestic violence order has been made against the person
iii) whether the person has stated anything false or misleading on or in
connection with an application or renewal of application
iv) whether there is any criminal intelligence or other information to which
the authorised officer has access; and
v) the public interest.
Section 10B of the Weapons Act 1990 outlines the determination of ‘fit and proper’.
In addition to the above, when deciding whether a person is a fit and proper person to possess a firearms licence, in the public interest, an authorised officer can consider anything at their disposal including:
- conviction of offences - whether recorded or not recorded;
- criminal or traffic history.