❓ A WA parliamentary question examines the seizure and return of firearms related to Violence Restraining Orders (VROs), and the issuance of firearm licenses to individuals with a history of VROs, seeking data and justifications.
AnsweredQoN 1643Legislative Assembly
QuestionView source ↗
(1) What happens with respect to the seizure of firearms during the enforcement of Violence Restraining Orders (VROs)?
(2) In what respects has the procedure changed since 1999?
(3) Has there been any cases in the last 2 years where a person whose firearms have been seized during enforcement of a VRO have had their firearms returned -
(a) during the term of the VRO; and
(b) at the completion of the period of the VRO or within 5 years and if so, how many in each case?
(4) Has the Commissioner issued any firearms licences to any persons in the last 2 years where the person by reason of Section 11(3)(iv) of the
Firearms Act 1973
had given sufficient reason not to hold a firearm?
(5) What were the reasons for issuing a firearms licence despite the provisions of section 11(3)(iv)?
(2) In what respects has the procedure changed since 1999?
(3) Has there been any cases in the last 2 years where a person whose firearms have been seized during enforcement of a VRO have had their firearms returned -
(a) during the term of the VRO; and
(b) at the completion of the period of the VRO or within 5 years and if so, how many in each case?
(4) Has the Commissioner issued any firearms licences to any persons in the last 2 years where the person by reason of Section 11(3)(iv) of the
Firearms Act 1973
had given sufficient reason not to hold a firearm?
(5) What were the reasons for issuing a firearms licence despite the provisions of section 11(3)(iv)?
AnswerView source ↗
Answered
28 August 2003
Responded by
Minister for Police and Emergency Services
Response time
84 days
(b) at the completion of the period of the VRO or within 5 years and if so, how many in each case?
(1) All firearms are seized and held by police until the finalisation of the VRO. Firearms seized by police are held pending the determination of the Court. Once a VRO is finalised in favour of the applicant, police will automatically proceed to revoke the person's Firearm Licence and seize the firearm. Firearms are not returned to the person from whom they are seized until the outcome and determination of a VRO by the Court. (2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
Firearms are not returned to the person from whom they are seized until the outcome and determination of a VRO by the Court. (2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(1) All firearms are seized and held by police until the finalisation of the VRO. Firearms seized by police are held pending the determination of the Court. Once a VRO is finalised in favour of the applicant, police will automatically proceed to revoke the person's Firearm Licence and seize the firearm. Firearms are not returned to the person from whom they are seized until the outcome and determination of a VRO by the Court. (2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
Firearms are not returned to the person from whom they are seized until the outcome and determination of a VRO by the Court. (2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(2) Since 2000, whenever a VRO is entered on the police computer mainframe, through the Offender Information System, the Firearm Licensing System (computerised program) is automatically flagged with a status warning that the person against whom the VRO is recorded is not to be issued with a Firearms Licence. When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
When police serve a VRO upon a person, the VRO provides authority to seize any firearms that may be in the possession of the person named in the VRO. Should the person named in the VRO be in possession of firearms at the time of service, police seize all firearms which are held pending the outcome of Court proceedings. (3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(3) The Police Service is not aware, from the records available, of the return of firearms to a Firearms Licence holder during the term of a VRO. (4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(4 - 5) Section 11 of the Firearms Act provides for the Commissioner of Police to exercise his discretion in the issue of firearm licences to members of the public. Section 11(3) of the Firearms Act provides: The Commissioner has a sufficient ground for forming an opinion that a person is not a fit and proper person to hold an approval, permit or licence under this Act if the Commissioner is satisfied that – a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
a) at any time within the period of five years before the person applies for the approval, permit or licence – (iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
(iv) a violence restraining order was made against the person, whether in this State or any other place; or Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
Records held by the Western Australia Police Service for Firearm Licence holders, and their association with VROs, are considerable. It is not known, from the information available, where a firearm licence has been issued in the circumstances outlined within this question. Provision of more precise details to enable further research would be required to answer the question.
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