Victorian Current Acts Victorian Current Acts(1) The Chief Commissioner must not issue a permit to acquire—
(a) if the applicant or any responsible person in relation to the application is a prohibited person; or
(b) unless the Chief Commissioner is satisfied that—
(i) the applicant and all responsible persons in relation to the application are fit and proper persons; and
(ii) the applicant can comply with the storage requirements set out by or under the Act; and
S. 104(1)(b)(iii) amended by No. 22/1998 s. 24(a).
(iii) the acquisition of the firearm is not against the public interest; or
(c) for any prescribed reason; or
(d) unless—
(i) the applicant can demonstrate that the reason for which the licence was required continues to apply in respect of the category of firearm for which the application for the permit is made; and
S. 104(1)(d)(ii) amended by No. 28/2003 s. 46(1)(a).
(ii) in the case of an application for a permit to acquire a category B longarm or a general category handgun, the applicant has demonstrated a genuine need to possess, carry or use a category B longarm or a general category handgun; and
S. 104(1) (d)(iia) inserted by No. 28/2003 s. 46(1)(b).
(iia) in the case of an application for a permit to acquire a category E handgun, the applicant has demonstrated a compelling reason to possess, carry or use a category E handgun; and
(iii) in the case of an application for a permit to acquire a category C or D firearm—
(A) if the application is for a semi‑automatic rifle, the applicant does not possess another semi-automatic rifle; and
S. 104(1) (d)(iii)(B) amended by Nos 22/1998 s. 24(b) , 28/2003 s. 46(1)(c).
(B) if the application is for a semi‑automatic shotgun or a pump action shotgun and the applicant holds the relevant licence for a reason set out in section 11(1)(a)(i), (ii) or (iv), the applicant does not possess another semi-automatic shotgun or pump action shotgun; or
S. 104(1)(e) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(a)(i).
(e) in the case of an application for a permit to acquire a handgun by a person who has held a handgun target shooting licence for a period of 6 months or less, for any general category handgun other than—
(i) a 177 inch calibre air handgun, if the applicant has not already acquired such a handgun; or
(ii) a 22 inch calibre handgun or a centre fire handgun, if the applicant has not already acquired a handgun of either such class; or
S. 104(1)(e)(iii) inserted by No. 78/2005 s. 44(a)(ii).
(iii) a black powder handgun that is muzzle loading, if the applicant has not already acquired such a handgun; or
S. 104(1)(f) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(b).
(f) in the case of an application for a permit to acquire a handgun by a person who holds a handgun target shooting licence—
(i) unless a nominated officer of an approved handgun target shooting club, of which the applicant is and has been a member for the period of 6 months immediately preceding the application, has endorsed the application; or
(ii) if the applicant has not been a member of an approved handgun target shooting club for the period of 6 months immediately preceding the application, unless—
(A) a nominated officer of an approved handgun target shooting club of which the applicant is a member has endorsed the application; and
(B) a nominated officer of an approved handgun target shooting club, of which the applicant has been a member, in the preceding 12 months, for a consecutive period of at least 6 months, has endorsed the application; or
S. 104(1)(g) inserted by No. 28/2003 s. 46(2).
(g) in the case of an application for a permit to acquire a handgun for the purpose of collecting handguns, unless a nominated officer of an approved firearms collectors club to which the applicant belongs has endorsed the application.
S. 104(1A) inserted by No. 55/2014 s. 100.
(1A) An applicant or a responsible person in relation to an application is presumed not to be a fit and proper person for the purposes of subsection (1)(b)(i) if he or she is a declared organisation member.
S. 104(1B) inserted by No. 55/2014 s. 100.
(1B) A presumption under subsection (1A) may be rebutted.
S. 104(2) amended by No. 28/2003 s. 46(3).
(2) In determining whether or not an applicant has a genuine need to possess, carry or use a category B longarm or a general category handgun, the Chief Commissioner must have regard to—
(a) in the case of a category B longarm, whether or not the need expressed by the applicant cannot be satisfied by the possession, carriage or use of a category A longarm; and
(b) in any case, the number, category and type of firearms already possessed by the applicant; and
(c) any other prescribed matter.