In 2013, the NSW government introduced the Firearm Prohibition Order (FPO) as part of its plan to reduce gun violence. Thus, through the government’s efforts to implement such a plan, firearm laws in New South Wales, Australia were made to strictly achieve theirgoals. These are the:
- Firearms Act 1996,
- Firearms Regulation 2017,
- Prohibited Weapons Act 1996, and
- Customs (Prohibited Imports) Regulations 1956.
These laws aim to promote public safety and responsible firearm ownership. Breaking firearm laws in NSW can result in severe penalties, including fines and imprisonment. Hence, individuals need to understand and follow these laws to ensure the safety of themselves and others.
READ: Explosives and Firearms Offences: Crimes Act 1900
What Is a Firearm Prohibition Order?
A Firearm Prohibition Order (FPO) is a legal tool that NSW police use to prevent individuals deemed to be a community risk from obtaining, using, or possessing firearms. Furthermore, the Commissioner may:
- make a firearms prohibition order against such a person if, in the opinion of the Commissioner, the person is not fit, in the public interest, to have possession of a firearm; and
- revoke a firearm prohibition order at any time for any or no stated reason.
- stop and detain any vehicle, vessel, or aircraft occupied by or under the control or management of such a person. They may then conduct a search of the person, or the premises, vehicle, vessel, or aircraft, for any firearms, firearm parts, or ammunition.
In addition, FPOs are for individuals who have a history of violence, drug use, or mental illness. These people are considered to pose a significant risk to the community. Notably, a person who has been served with such an order has 28 days to request that the NSW Police Force review the decision.
How Does a Firearm Prohibition Order Work?
Once an FPO is issued, the individual is:
- required to surrender any firearms they possess to the police.
- prohibited from obtaining, using, or possessing firearms or ammunition for the duration of the order.
- Prohibited to enter any premises occupied by or under the control or management of
Accordingly, if the individual fails to comply with the order, they can face criminal charges, including imprisonment. Additionally, the police can search the individual’s home, vehicle, or other property to ensure compliance with the order.
Firearm Prohibition Order Application Process
If you believe that someone risks harming themselves or others by possessing a firearm, you can apply for an FPO. The application process is as follows:
- Contact NSW Police: The first step in obtaining an FPO is to contact the police. You can do this by calling the police station in your area or by visiting in person.
- Complete the Application Form: The police will provide you with an application form, which you must complete. The form will ask for information about the person you are seeking the order against and why you believe they pose a risk of harm.
- Provide Evidence: You will need to provide evidence to support your application. This may include police reports, medical reports, or witness statements.
- Commissioner Makes a Decision: Once you have submitted your application, the Commissioner of New South Wales Police will decide whether to grant your application or not.
- Service of Order: If the FPO is granted, the police will serve a copy of the order to the person against whom the order was made. Afterward, the police will require the person to surrender their firearms.
Who Can Apply for an FPO?
According to the Firearms Act 1996 (NSW), a firearm protection order may be applied for by the following individuals:
- A police officer
- A family member of a person subject to a provisional or final apprehended violence order
- A person who is the subject of a provisional or final apprehended violence order
- A person who is concerned that another person may commit an act of violence and that the person has access to firearms
Criteria for Issuing a Firearm Prohibition Orders
The following are the criteria before the NSW Police Commissioner issues an FPO:
1. Risk of Harm
There must be a significant risk of harm to the person or others if the individual continues to have access to firearms. Consequently, the police or a medical professional can assess this risk.
2. History of Violence or Threats
If the individual has a criminal history, this can also be a factor in issuing an FPO. This can include domestic violence, assault, or threats to harm others.
3. Mental Health Concerns
Another consideration when issuing an FPO is if the individual has a mental health condition. This means that the condition may affect their ability to handle firearms safely.
4. Firearms License or Registration
If the individual has a firearms licence or registration, this can also be a factor in issuing an FPO. However, the NSW Police Force can revoke or suspend a licence or registration. This is if they have a reasonable belief that it is necessary to do so in order to protect public safety.
Consequences of Breaching a Firearm Protection Order
Breaching a firearm protection order can lead to severe consequences in NSW. The following are the effects of a breach:
- Imprisonment. A person who breaches a firearm protection order in NSW can face imprisonment for up to 14 years. The severity of the punishment highlights how seriously the NSW government takes firearm safety.
- Fines. In general, the court may impose a fine of up to $5,500 for a breach of a firearm prohibition order in NSW, Australia. The fine can be much higher for more severe offences dealt with in the District or Supreme Court.
- Criminal Record. A breach of a firearm protection order can lead to a criminal record, which can have long-lasting consequences on a person’s career and personal life.
- Confiscation of Firearms. If a person breaches a firearm protection order, the police may confiscate any firearms they possess.
Therefore, a firearm prohibition order is essential for reducing gun violence in NSW. Specifically, they are for individuals who pose a risk to the community and are considered a necessary measure to prevent firearms from falling into the wrong hands.
Legal Assistance for FPO Issues
If you are facing a firearm prohibition order in New South Wales, Australia, you may be in a complex legal situation. Thus, having the support and guidance of a skilled and experienced lawyer who can guide you through the legal system and protect your interests is essential.
Here are some of the things that a lawyer can do in relation to FPO issues:
- Provide Legal Advice and Representation. A lawyer can advise you on your rights, obligations, and legal options. Moreover, they can represent you in court or before an administrative tribunal, arguing your case and advocating for your interests.
- Challenge the Validity of the Order. A lawyer can assess the validity of the FPO and challenge it if there are legal or factual grounds to do so.
- Negotiate with the Police and Prosecutors. A lawyer can negotiate with the police and prosecutors on your behalf, seeking to resolve the matter through alternative means such as mediation or diversion programmes. Consequently, this can help you avoid the need for a formal hearing or trial and minimise the impact of the firearm prohibition order on your life.
- Assist with Compliance and Review. A lawyer can help you understand and comply with the terms of the FPO. Additionally, they assist you with applying for a review or variation of the order if your circumstances change. Moreover, they can advise you on the potential consequences of breaching the order and help you defend yourself against any charges or penalties.
We highly recommend that you seek the assistance of a qualified lawyer who can provide you with the legal support and representation you need. Contact JB Solicitors today to discuss your options and protect your rights.
