A guide for firearm licence applicants and holders in Queensland
Receiving a letter from Queensland Police Service (QPS) Weapons Licensing asking you to undergo a "fit and proper person" assessment can feel unexpected and unsettling. You may not be sure what it means, why it has happened, or what happens next. This post explains the process clearly so you know what to expect and how to approach it constructively.
What Does "Fit and Proper Person" Mean?
In Queensland, firearm ownership is a privilege, not a right. Under the *Weapons Act 1990* (Qld), anyone wishing to hold a weapons licence must demonstrate they are a "fit and proper person" to possess and use a firearm safely and responsibly. This means having good character and conduct, abiding by the law, and being free from mental health, physical, or substance-related conditions that could create an unacceptable risk to themselves or others.
Weapons Licensing may request an independent psychological assessment when:
- A mental health concern has been flagged by a treating clinician (QPS now requires mandatory notification from certain health professionals under section 151 of the *Weapons Act 1990*)
- You have a history of a mental health condition or treatment
- There has been a concerning incident (e.g. a police callout, domestic matter, or substance-related event)
- Your licence is being reviewed, renewed, or you are appealing a decision
Step 1: Don't Panic — This Is Not an Automatic Refusal
Being asked for a psychological assessment is not the same as being told your licence will be revoked or refused. It is a request for more information to help Weapons Licensing make an informed decision. Many people proceed through this process successfully.
Read the QPS correspondence carefully. It will usually outline:
- Why the assessment has been requested
- A timeframe for providing the report
- The type of practitioner who can complete it
Step 2: Engage a Qualified Psychologist
Psychological assessment has traditionally been the standard for fitness-to-possess evaluations in Australia. You will need to find a registered psychologist experienced in conducting these types of medicolegal or forensic assessments.
When you book your appointment:
- Bring the QPS letter and any statement of reasons provided. QCAT (Queensland Civil and Administrative Tribunal) guidance specifically advises that the report writer be provided with the QPS statement of reasons so they can address the concerns raised.
- Be honest and open. The clinician's role is to conduct a thorough, balanced, and objective assessment, not simply to advocate for or against you.
- Be prepared for the assessment to take 60-90 minutes or longer, covering your mental health history, current wellbeing, any relevant substance use, and your history with firearms.
Step 3: Understand What the Assessment Involves
A robust fit and proper person psychological assessment typically examines several domains.
Mental Health History
Any history of depression, anxiety, psychosis, personality disorder, or other mental illness will be explored, including prior treatment, hospitalisations, and current functioning. A past diagnosis does not automatically disqualify you; what matters is current risk and stability.
Suicide and Self-Harm Risk
Suicide is the leading cause of firearm-related deaths in Australia. The assessment will include careful exploration of any past or current suicidal ideation, attempts, or self-harm. Access to a firearm during a period of crisis significantly elevates risk.
Violence Risk
The assessor will consider your history of violence or threatening behaviour, any relevant criminal history, and your capacity to manage conflict safely.
Substance Use
Alcohol and substance misuse are recognised risk factors, particularly given their potential to increase impulsivity and impair judgment.
Cognitive Functioning
Where relevant (e.g. older adults or those with a history of head injury), cognitive capacity to safely store and use a firearm may be assessed.
Attitude and Insight
Your insight into any identified concerns and your attitudes toward firearms safety are relevant considerations.
Step 4: The Report Is Sent to Weapons Licensing
The psychologist or psychiatrist will prepare a written report addressing the concerns raised by QPS. You should be aware that:
- The report is prepared for Weapons Licensing, not solely for you. You may wish to discuss with your clinician what will be included before it is submitted.
- The report writer's opinion is one piece of evidence QPS considers; it is not the sole determinant of the outcome.
- QPS may seek further information or assessments after receiving the report.
Step 5: If the Decision Goes Against You — You Have Review Rights
If Weapons Licensing refuses or revokes your licence based on the assessment, you have the right to apply to QCAT for a review of that decision.
Key points about the QCAT process:
- You must lodge your application within **28 days** of being notified of the decision (Form 23).
- You must serve a copy of the application on QPS within 7 days of filing.
- You may wish to provide an additional health report from a psychologist, psychiatrist, or other practitioner in support of your application.
- If you provide such a report, ensure the clinician has been given a copy of QPS's statement of reasons so they can directly address the concerns raised.
QCAT will consider the full picture, including the history taken, any clinical assessments, acknowledgement of concerns, current insight, and risk management strategies.
A Few Practical Tips
- Be honest throughout. Attempts to minimise or conceal relevant history are likely to be apparent to an experienced assessor and may work against you.
- Address any ongoing concerns proactively. If you have a mental health condition, being actively engaged in treatment and demonstrating insight and stability is viewed far more favourably than denial or avoidance.
- Seek legal advice if needed. If your livelihood depends on your firearms licence (e.g. rural primary producers, security professionals), legal advice alongside the psychological process is reasonable.
- Give yourself adequate time. Do not leave the referral to the last minute, as specialist practitioners often have waiting periods.
Summary
Being referred for a fit and proper person psychological assessment is a formal process, but it is also an opportunity to demonstrate your suitability openly and honestly. The assessment is designed to protect both you and the community. Working constructively with a qualified clinician, providing complete and accurate information, and engaging with any concerns raised is always the best approach.
If you have questions about the assessment process or would like to book an appointment, please don't hesitate to get in touch.
This blog is intended as general information only and does not constitute legal or clinical advice.
To book your assessment today contact us on 0479 149 277.