The Effect of Firearms Prohibition Order
The Commissioner of New South Wales Police makes a Firearm Prohibition Order and prohibits a person from bearing a firearm, firearm parts, or ammunition. If an FPO has been served on you, you must obtain advice from a criminal defence lawyer.
The Law - Firearm Prohibition Order NSW
Under Section 74A of the Firearms Act 1996 (NSW) a police officer may:
(a) Detain a person who is subject to a firearm prohibition order, or
(b) Enter any premises occupied by or under the control or management of such a person, or
(c) Stop and detain any vehicle, vessel or aircraft occupied by or under the control or management of such a person, and conduct a search of the person, or of the premises, vehicle, vessel or aircraft, for any firearm, firearm parts or ammunition.
The definition of a firearm is a gun or other weapon that can propel a projectile by means of an explosive. This includes a blank fire firearm and an air gun but not a paintball marker. A firearm part means a barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine that can form a firearm.
The definition of ammunition is bullets and other cartridges and air gun pellets. A firearm is taken to be in a person’s possession if it is in, or on, any premises owned, leased or occupied by, or in the care, control or management of, the person.
Effect of an Firearms Prohibition Order
Once you are subject to a Firearms Prohibition Order, the police have the authority to conduct searches at any time without needing a search warrant. An FPO is extremely onerous and allows police to stop and conduct a search of you at any time.
Review of Commissioner of Police decision
If you have been served with a Firearms Prohibition Order, you
must lodge a written request with the Commissioner for an internal review within 28 days. After the review, if the order is confirmed, the police must provide reasons.
Appeal to NSW Civil and Administrative Tribunal
If your internal review is unsuccessful, you have the option to apply to the NSW Civil and Administrative Tribunal (NCAT) for further review.
However, you cannot ask for this review if you have past convictions for certain prescribed offences within the last years;
- Such as serious drug or dishonesty offences; and
- Apprehended Violence Order (AVO).
If you are unsuccessful at NCAT challenging the Firearms Prohibition Order, you can still make a revocation request to the Commissioner, who has the right to revoke an FPO at any time.
