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Intervention Orders and Firearms in Victoria: How Can You Apply to Be Declared a Non-Prohibited Person?

Intervention Orders and Firearms in Victoria: How Can You Apply to Be Declared a Non-Prohibited Person?

Direct answer

A final intervention order makes you a prohibited person for firearms in Victoria, which cancels your licence. You can apply to the Magistrates’ Court under section 189 of the Firearms Act 1996 to be deemed a non-prohibited person, unless the order itself cancels your licence.

This guide explains how an intervention order makes you a prohibited person for firearms in Victoria, what happens to your licence, how a section 189 application to be deemed a non-prohibited person works, and what the court considers.

Written by

Lauren Tye

Principal Lawyer · Criminal Defence Lawyer

Legally reviewed by

Counsel

Independent legal review · September 2026

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Key takeaways

  • A final intervention order makes you a prohibited person for firearms in Victoria.
  • Being a prohibited person cancels your firearms licence and bans you from possessing firearms.
  • The prohibition lasts for the order’s duration and usually five years after it ends.
  • You can apply under section 189 of the Firearms Act 1996 to be deemed a non-prohibited person.
  • The application is made to the Magistrates’ Court, and the court decides whether to grant it.
  • You cannot use this process if the intervention order itself cancels your firearms licence.

Who this is for

Written for

  • People made a prohibited person by an intervention order in Victoria
  • Firearm licence holders affected by a family violence order
  • Anyone wanting to apply to be deemed a non-prohibited person
  • People whose licence was cancelled or suspended after an order
  • Anyone needing firearms for work who has been prohibited

Not a substitute for

  • Legal advice about a specific prohibition or application
  • Representation at a section 189 application
  • Advice on your prospects for your particular facts
  • Advice about the intervention order itself
  • Advice about a firearm criminal charge

Plain-English definitions

Prohibited person

A person banned from holding a firearms licence or possessing firearms, often due to an order or conviction.

Intervention order

A court order, including a family violence intervention order, protecting a person from another.

Final intervention order

An intervention order made after a contested or agreed hearing, as opposed to an interim order.

Non-prohibited person declaration

A court order, under section 189, deeming a prohibited person not to be a prohibited person.

Firearms licence

The authority to possess and use firearms, which is cancelled when a person becomes prohibited.

Section 189

The provision of the Firearms Act 1996 allowing an application to be deemed a non-prohibited person.

Surrender

Handing firearms to police, which is required when a person becomes prohibited or is subject to an order.

Licensing and Regulation Division

The Victoria Police division that administers firearms licences.

Legal process timeline

  1. 1

    The intervention order

    A final intervention order is made against you.

  2. 2

    Becoming prohibited

    You become a prohibited person, and your firearms licence is affected.

  3. 3

    Licence cancellation

    Your licence is cancelled or suspended by the Licensing and Regulation Division.

  4. 4

    Considering an application

    You get advice on whether a section 189 application is open to you.

  5. 5

    The application

    An application to be deemed a non-prohibited person is made to the Magistrates' Court.

  6. 6

    The hearing

    The court considers the application, with Victoria Police as a party.

  7. 7

    The decision

    If granted, you may be able to apply to have your licence reinstated.

About this guide

Legal basis

This guide is based on the prohibited person provisions and the section 189 application in the Firearms Act 1996 (Vic), and the way an intervention order under the Family Violence Protection Act 2008 affects firearms.

How this guide was prepared

Drafted for people made prohibited persons by an intervention order, based on the questions asked about whether and how firearm rights can be restored.

Important limits

This article does not cover every situation. It does not specifically deal with:

  • Prohibitions arising from criminal convictions in detail
  • The precise prospects for your individual facts
  • The terms of the intervention order itself
  • Interstate orders and their effect
  • Commonwealth firearm requirements

Whether you can apply, and your prospects, depend on the order, its conditions, and your circumstances.

In-depth analysis

How an Intervention Order Affects Your Firearms

Why does an intervention order affect your firearms?

Because it changes your legal status. Being made the respondent to a final intervention order makes you a prohibited person for firearms in Victoria, which is separate from any criminal charge. If you are also dealing with related proceedings, understanding how criminal matters proceed helps you see how the firearm consequences fit alongside them.

The link exists for safety reasons. The law treats a person subject to a protective order as someone who should not have firearms while that risk is recognised. That is why the prohibition follows automatically, without any separate declaration being needed.

What is a prohibited person?

Someone who must not hold a firearms licence or possess firearms. According to Victoria Police, a person becomes prohibited either by being found guilty of certain offences, or by being made the respondent to a final intervention order under family violence or personal safety legislation. No formal declaration is required.

The status carries real consequences. A prohibited person cannot be issued a licence, cannot keep one, and cannot lawfully possess firearms, and possessing a firearm as a prohibited person is a serious offence in itself. Understanding the status is the first step to addressing it.

What happens to your firearms licence?

It is suspended or cancelled. An interim order with firearm conditions can suspend your licence and require you to surrender your firearms for the order’s duration, while a final order makes you a prohibited person and leads to cancellation. How this interacts with a firearms licence and your record is worth understanding early.

The prohibition is time-limited but long. For a final intervention order, it generally lasts for the order’s duration and a further five years after it ends, unless the court decides otherwise. The table below sets out how different sources of prohibition work.

Source of prohibitionEffect on firearmsHow long
Interim intervention orderLicence suspended, firearms surrenderedFor the order’s duration
Final intervention orderProhibited person, licence cancelledOrder’s duration plus five years
Specified criminal convictionProhibited person12 months to 15 years

Can You Apply to Be Declared a Non-Prohibited Person?

What is a non-prohibited person declaration?

It is a court order that treats you as not being a prohibited person. Under section 189 of the Firearms Act 1996, certain prohibited persons can apply to be deemed a non-prohibited person, which can open the way to holding a firearms licence again. It is the main avenue for restoring firearm eligibility after an order.

There is an important limit. If the intervention order itself includes a condition cancelling your firearms licence, a section 189 application is generally not available while that condition stands. Checking the exact terms of your order is essential before applying.

How do you apply to be declared a non-prohibited person?

By applying to the Magistrates’ Court. The application uses the court’s court application form for a section 189 application, and Victoria Police are a party to it.

The process is separate from the intervention order, though the two are closely connected, and the same considerations that arise when contesting an intervention order can be relevant.

Preparation is what matters. A section 189 application asks the court to be satisfied that you should not be treated as prohibited, so the material you provide about your circumstances, your reasons, and any risk is central. It is not a formality, and it benefits from careful presentation.

What does the court consider?

Whether you should be permitted to hold firearms despite the prohibition. The court weighs the circumstances of the order, the risk to others, your reasons for needing firearms, and your history. Genuine reasons, such as a work requirement, are relevant, but safety is the overriding concern, much as it is when an intervention order and work are in tension.

The court is careful because the prohibition exists to protect people. That means an application is most persuasive where the risk that led to the order has genuinely passed and can be shown to have passed. An honest, well-supported application gives the best prospects.

Getting a Section 189 Application Right

What are the limits, and how do you prepare?

The process has real limits, and success is not guaranteed. Where the order cancels your licence, or where safety concerns remain, an application may not succeed, so honest advice about your prospects is important before you start. A refused application is a poor use of the opportunity.

Where it is open to you, thorough preparation is key. Our practice in firearm and weapon charges handles section 189 applications from start to finish.

Because the prohibition arises from an order, our work on family violence matters considers the order and the firearm consequences together.

Scenario-based guidance

If a final intervention order was made against you

You are likely a prohibited person, so get advice on when and whether a section 189 application is open to you.

If your order cancels your firearms licence

A section 189 application is generally not available while that condition stands, so check the exact terms first.

If you need firearms for work

A genuine work reason is relevant, but safety is the overriding concern, so prepare evidence carefully.

If firearms were surrendered

Do not attempt to recover or possess them while prohibited, because that is a serious offence.

If the order has expired

The prohibition usually continues for five years after, so confirm your status before assuming it has ended.

If you are also facing charges

The firearm and criminal issues should be handled together, so get advice that covers both.

Practical checklist

If an intervention order has made you a prohibited person:
  • Get legal advice on your prohibited person status.
  • Check the exact terms of the intervention order.
  • Confirm whether the order cancels your firearms licence.
  • Do not possess firearms while prohibited.
  • Surrender any firearms as required.
  • Find out when the prohibition is due to end.
  • Consider whether a section 189 application is open to you.
  • Gather evidence of your reasons and circumstances.
  • Prepare honestly for the court’s safety focus.
  • Apply through the Magistrates’ Court with advice.

Common mistakes

  • Assuming the prohibition ends when the order ends.
  • Possessing firearms while a prohibited person.
  • Failing to surrender firearms when required.
  • Applying under section 189 when the order cancels the licence.
  • Treating the application as a formality.
  • Overlooking the court's focus on safety.
  • Not checking the exact terms of the order.
  • Ignoring the firearm consequences of an order.
  • Applying without evidence of changed circumstances.
  • Handling the order and firearm issues separately.

Questions to ask your lawyer

  • Am I a prohibited person because of my order?
  • How long does my prohibition last?
  • Does my order cancel my firearms licence?
  • Is a section 189 application open to me?
  • What are my prospects of being deemed non-prohibited?
  • What evidence should I prepare?
  • How does Victoria Police’s role affect the application?
  • Can I get my licence back if the application succeeds?
  • Should the order and firearm issues be handled together?
  • What should I do right now about my firearms?

Sources

Frequently asked questions

Yes. Being made the respondent to a final intervention order makes you a prohibited person for firearms, which cancels your licence and bans you from possessing firearms. An interim order with firearm conditions can suspend your licence and require you to surrender firearms for the order's duration.

For a final intervention order, the prohibition generally lasts for the order's duration and a further five years after it ends, unless the court decides otherwise. This is why many people remain prohibited well after an order has expired, and why checking your current status matters.

It is an application to the Magistrates' Court under the Firearms Act 1996 to be deemed not to be a prohibited person. If granted, it can open the way to holding a firearms licence again. Victoria Police are a party, and the court's overriding concern is safety, so the application must be carefully prepared.

No. If the intervention order itself includes a condition cancelling your firearms licence, a section 189 application is generally not available while that condition stands. Whether the process is open to you depends on the exact terms of your order, which should be checked before applying.

Sometimes. If a section 189 application succeeds and there are no other concerns, you may be able to apply to have your licence reinstated. Success is not guaranteed, because the court focuses on safety, so honest advice about your prospects is important before you apply.

Authorship

Written by

Lauren Tye

Principal Lawyer, Lauren Tye Legal
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

Legally reviewed by

Senior Counsel

Independent legal review · September 2026
Criminal defence lawyer practising in Victorian criminal matters. Lauren advises and appears in matters across Victorian courts, including bail, pleas, contested hearings, diversion, and sentencing.

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