In Western Australia, a Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO) generally must include a firearms prohibition. If you are the respondent and hold a firearms licence, you will usually have to surrender your firearms and your licence for the duration of the order. This is one of the most significant practical consequences of an order and applies even though the order itself is civil.
Key facts at a glance
- Firearms prohibition is the default: an interim or final FVRO/VRO generally must include one
- You surrender your firearms and firearms licence for the life of the order
- It applies from service: an interim order can trigger the prohibition before any final hearing
- If a final order is made: your licence is cancelled (not just suspended) and you are banned from holding one for the order's duration plus 5 more years
- Example: a standard 2-year FVRO means 7 years without a firearms licence
- Breaching the firearms condition is a breach of the order — a criminal offence
- Limited exceptions exist, mainly tied to lawful access for employment in defined circumstances
Why firearms prohibitions are standard
Firearms prohibitions exist to reduce the risk of serious harm. Because of that safety purpose, an FVRO or VRO generally must contain a firearms prohibition unless the court is satisfied a specific exception applies. The prohibition is not a punishment for a criminal offence — it is a protective condition attached to a civil order.
What you have to do if an order is made against you
If you are served with an interim or final FVRO or VRO that includes a firearms prohibition, you generally must:
- stop possessing or using any firearm covered by the order
- surrender your firearms as required
- surrender your firearms licence
These obligations typically take effect once the order is served on you — which can be at the interim stage, before any contested hearing. Do not wait until the final hearing. Failing to comply is a breach of the order and a criminal offence.
Are there any exceptions?
Exceptions are narrow. The clearest situation the law contemplates is where firearms access is genuinely required for a person's employment and allowing it would not endanger the protected person — and even then the court must be satisfied it is appropriate. If firearms are part of your livelihood (for example certain rural, security or professional roles), raise this with the court and get legal advice.
Impact on your work
If holding a firearms licence is a condition of your employment, an FVRO or VRO can directly affect your ability to do your job. In some cases it may be appropriate to apply to vary the order so its conditions work alongside genuine employment needs without compromising safety. This is a situation where early legal advice is particularly valuable.
The final order "plus 5" rule
The firearms consequences escalate significantly if an interim order progresses to a final restraining order:
- Licence cancellation: your firearms licence is officially cancelled — not merely suspended — and your weapons are seized.
- The post-order ban: you are barred from holding or applying for a firearms licence for the entire duration of the restraining order plus an additional 5 years after it ends.
This means a standard 2-year FVRO results in a total disqualification of 7 years. A longer order extends the ban accordingly. The practical impact on anyone who relies on firearms for their livelihood or lifestyle is severe and long-lasting, which is one reason it is so important to get early legal advice if you are served with a restraining order.
What about applicants?
If you are the protected person, the firearms prohibition is part of how the order keeps you safe. If you know the respondent has firearms, tell police and the court. In family violence situations police also have powers to seize firearms and explosives.