Ask Stephen: My firearms licence is due to expire and I haven’t received a reply from Registry. Am I still covered by the previous licence?

Stephen Mainstone lawyer
Stephen Mainstone, Lawyer

Legal Q&A with Stephen Mainstone

Q. I have applied to renew my licence but haven’t received a reply back from the Firearms Registry and my licence is due to expire soon. Am I still covered by the previous licence?

A: Yes, you are. Clause 19 of the Firearms Regulation 2017 provides that if a person’s application for a subsequent licence or permit is made before the person’s current licence or permit expires but has not been dealt with by the Registry before its expiry, the authority conferred by the current licence or permit continues until such time as the person is notified of the issue of, or refusal of, the subsequent licence or permit.

The Clause also provides that if an applicant fails to collect the subsequent licence or permit within 60 days of being notified of its issue, the subsequent licence or permit is taken to have been surrendered and the authority conferred by the current licence or permit ceases to have effect.

So, you are covered until the licence renewal is granted but readers need to make sure they continue to monitor the progress of their application so they collect the licence within the time frame once it has been issued.

The information contained in this article is general in nature and should not be considered legal advice.

Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal advice regarding all rearms and other Police related matters.

Contact our office on (02) 9531 0322 or Email info@mainstonelawyers.com.au

This article was featured in the latest issue of the NSW Shooter magazine. Click here to read the June 2021 edition.

Steven Mainstone has 30 years experience in the police, as a prosecutor and as a criminal defence lawyer. He has been defending shooters for over a decade.