What is a FPO?
A Firearms Prohibition order is an order made by the Commissioner of NSW Police in relation to a person that they believe is not fit, in the public interest, to have a firearm. A FPO immediately takes effect upon it being served upon a person.
Who would be subject of a FPO?
The test of not being fit, in the public interest, to have a firearm is widely applied by NSW Police. It has captured high profile individuals, members of motorcycle clubs, those with links to organised crime, terrorism or simply those who have previously been connected to some crimes in the past. You do not have to have been convicted of a crime to become the subject of an FPO. Nominations for people to be subject of an FPO can be made by Police or by members of the public.
The order is not made by a Court and the grounds considered do not need to have the same evidentiary requirements that would apply in a judicial setting.
What does having a FPO mean?
On the face of the issue, having a FPO means you are prohibited from obtaining, using or having possession of a firearm, ammunition or firearm part. However, being the subject of an FPO also allows NSW Police to exercise special powers over you.
It also prevents you from living where there are firearms stored. It can impact on your family, your work and who you can associate with.
What powers does it give NSW Police?
A FPO allows police to detain the subject of the order, any vehicle, vessel or aircraft occupied by the person and search them without the need for a warrant or normal reasonable cause. They simply need to be exercising the power to ensure the compliance with the order. A FPO also allows the Police to enter any premises such as your home or business without a warrant.
How long does a FPO last?
A FPO is normally issued for a period of ten years.
What if I breach a FPO?
If you are subject of an FPO and are found in possession of a firearm, firearm part or ammunition you can be sentenced to a term of imprisonment of 14 years.
What if I want to challenge a FPO I have been given by Police?
If you have been given a FPO by the police, you are able to challenge the decision. This challenge must take place within 28-days of being served with the order.
How can Conditsis Lawyers help me with Firearms Prohibition Orders?
At Conditsis Lawyers we can give you expert advice on how to ensure you comply with any requirements that come with having a FPO served on you. We can also help you if you have been charged with an offence stemming from having an FPO. Contact us for a private consultation.
