GGJ v Commissioner of Police, NSW Police Force

The case of GGJ v Commissioner of Police, NSW Police Force involved the Applicant, GGJ, contesting the revocation of their firearms licence by the Commissioner of Police. The dispute arose from allegations of domestic violence by a close family member, T, which led to the Commissioner revoking the Applicant’s licence. GGJ sought to have the revocation overturned and for their firearms licence to be re-issued with conditions to mitigate the risk posed by the domestic circumstances.

The central legal issues before the court were whether the Commissioner's decision to revoke the Applicant's firearms licence was lawful and, if so, what conditions should be imposed if the licence was to be re-issued. The court had to consider the public interest in ensuring the safe storage of firearms and the potential risk to T if the Applicant retained their firearms licence. Additionally, the court needed to address the issue of incorrect statements made by the Applicant in their licence renewal applications.

The court found that while the allegations of domestic violence were serious, the Commissioner’s decision to revoke the licence was not supported by the evidence presented. The court determined that the correct approach would be to re-issue the Applicant's firearms licence with specific conditions to address the risk to T. These conditions included prohibiting the Applicant from possessing or storing firearms where T resides or frequents, preventing the removal of firearms while T is present, and ensuring any alternate storage location complied with relevant regulations. The court emphasised that these conditions were necessary to protect T and align with the public interest in firearm safety.

In summary, the court set aside the decision to revoke the Applicant's firearms licence and ordered its re-issuance subject to the specified conditions. The orders were designed to balance the Applicant’s rights with the imperative to protect T from potential harm.