Firearms Licence + Medicinal Cannabis Use = unfit person
A surprising case recently made me realise the need to give more comprehensive advice to my clients for drug driving offenses even where the driver was only using medically prescribed cannabis which, in South Australia, is legal to possess and consume. Does owning a firearm + being prescribed medical cannabis make you an unfit person?
The Case – Registrar of Firearms v Mr P
The Registrar of Firearms (the Registrar) suspended Mr P’s firearms license under the Firearms Act 2015 (the Act) after he was convicted of driving with cannabis in his system. He was driving with medically prescribed cannabis in his bodily fluid.
The Registrar refused to reissue the licence, deeming Mr P not a fit and proper person to hold one.
The Key Issues
- Immediate Suspension: If you are found driving with a prohibited substance in your bodily fluid, even if it is medically prescribed cannabis , and you hold a firearms licence, your firearms licence will be immediately suspended and you run the risk of it ending up being cancelled on the basis you are an unfit to hold such a licence.
- Report Requirement: The Registrar in Mr P’s case requested a report from a “registered psychiatrist or other mental health practitioner”, which Mr P did not provide, because amongst other things he said could not afford it. His failure to provide a report was considered in the decision leading to the cancellation of his licence.
Internal Review Process: Mr P sought an internal review by the Registrar and again, amongst other things, he said that he could not afford the requested report. The Registrar made the decision to cancel Mr P’s firearms licence. He was found by the Registrar to be an unfit person to have the licence.
External review SACAT Hearing: Mr P then applied to the South Australian Civil and Administrative Appeals Tribunal (SACAT) for a review of the Registrar’s decision to cancel his licence and for the finding that he was an unfit person.
At the SACAT hearing
- Mr P argued he didn’t need a psychiatrist report as he was not mentally unwell, nor was he taking any medication for any mental health condition, and in any event, he just couldn’t afford the costs of such a report.
- The Registrar argued public safety concerns, amongst other things, and emphasised the significance of criminal and drug-related offenses and the fact that Mr P had not provided a report on his mental health as the Registrar had requested.
SACAT upheld the Registrar’s decision that Mr P was not a fit and proper person considering primarily:
- Mr P’s cannabis driving conviction, and
- His failure to comply with the report requirement of the Registrar.
Comments
Mr P was self-represented. The presentation of his case had flaws (not set out here) but his case highlights the following:
- Drug driving, with even medically prescribed cannabis in your body, will likely lead to an immediate firearms licence suspension and potentially a cancellation.
- You can be requested under the Act by the Registrar to provide medical reports from a “registered psychiatrist or other mental health practitioner”, the cost of which in South Australia is presently about $2,200 – $2,750.
- Failure to meet the Registrar’s request will likely result in the Registrar cancelling your firearms licence and declaring you an unfit person to possess a firearm.
- Judging by the case of Mr P your case is going to fail if SACAT is satisfied that:
- You committed the drug driving offence and
- You do not comply with the request of the Registrar for the requested medical reports.
I also think it is open to argue that the Registrar, in exercising his powers to request information under the Act, is limited to his making requests that are reasonable in the circumstances of the case. It could be argued that to request the ordinary person to provide a report from a ‘registered psychiatrist or other mental health practitioner’ is unreasonable if the costs are beyond the person’s ability to pay for it and so it is beyond the power of the Registrar to make such a request.
I don’t know what the Registrar means by ‘other mental health practitioner’. It appears to me a report from a medical GP about your mental health could suffice as a starting point, but it is presently unclear whether that it would be sufficient.
The above is not intended to be an exhaustive representation of the case of Mr P. It is advice of a general nature only. The actual circumstances of your case (properly presented) will likely give rise to different legal advice and may well result in a different outcome.