Marchant v Queensland Police Service Weapons Licensing

In the Queensland Civil and Administrative Tribunal, Robert James Marchant applied to review a decision by the Queensland Police Service – Weapons Licensing to revoke his firearms licenses. Marchant, who had previously held licenses for multiple categories of weapons, including a concealable firearm necessary for his work as a security officer, faced revocation of his licenses following his conviction for possession of illegal items under the Weapons Act, and two drink driving offences. Marchant argued that he was a fit and proper person to hold the licenses, taking into account his extensive experience with firearms and his efforts to seek help for his alcohol abuse and psychological issues.

The Tribunal was required to decide whether Marchant was a fit and proper person to hold a license under s.10B of the Weapons Act, and whether the offences under the Weapons Act were serious enough to warrant revocation of his licenses. The Tribunal also needed to consider the public interest and whether there was a likelihood of Marchant re-offending.

The Tribunal found that although Marchant's recent offending conduct was inconsistent with his responsibilities as a weapons license holder, it was out of character and due to significant psychological stress. Marchant's extensive training and experience with firearms, coupled with his efforts to address his alcohol abuse and psychological issues, demonstrated that he was a fit and proper person to hold the licenses. The Tribunal also noted that the offences under the Weapons Act were at the lower end of seriousness, as reflected in the fine imposed by the Magistrates Court and the absence of a conviction. Taking all of these factors into account, the Tribunal concluded that the correct and preferable decision was to set aside the decision to revoke Marchant's licenses and reinstate them.

The Tribunal set aside the decision of the Respondent revoking the Applicant’s weapons licences dated 21 November 2019.