Firearm Prohibition Order (FPO)

A Firearm Prohibition Order (FPO) prohibits a person from acquiring, possessing or using a firearm, firearm parts or ammunition, in the interests of public safety. A police officer of any rank and NSW Firearms Registry staff can nominate a subject for an FPO. This nomination is then considered by the Commissioner of New South Wales Police who can make an FPO if “in the opinion of the Commissioner, the person is not fit, in the public interest, to have possession of a firearm.” 

There is no set list of people who can or will be subject to an FPO, but those made subject to an order are often people with a significant criminal history, links to organised crime or psychiatric illness. An FPO comes into effect when it is personally served on the person.

FPO Legislation

FPOs are governed by Part 7 of the Firearms Act 1996.

A firearm means a gun or other weapon that can propel a projectile by means of an explosive. This includes real firearms, as well as imitation firearms such as a blank fire firearm, an air gun or a gel blaster (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. Ammunition means bullets and other cartridges, and air gun pellets. A firearm is in a person’s possession if: 

• it is in any premises owned, leased or occupied by them; or 
• it is in the care, control or management of them.

If a person subject to an FPO acquires, possesses or uses a firearm, the maximum penalty is imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or imprisonment for 5 years in any other case. The same penalty applies if the person acquires or possesses a firearm. For acquiring or possessing ammunition, the maximum penalty is imprisonment for 5 years.

A person must not supply a firearm or firearm part to someone they know is subject to an FPO. The maximum penalty is imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or if the firearm part is for a pistol or prohibited firearm, or imprisonment for 5 years in any other case. Supply of ammunition carries a maximum penalty of imprisonment for 5 years.

A person subject to an FPO must not knowingly have a firearm, firearm part or ammunition at their home. The maximum penalty is 50 penalty units ($5500) or imprisonment for 12 months, or both.

A person subject to an FPO is barred from visiting a firearms dealer, shooting range or firearms club. The maximum penalty is 50 penalty units ($5500) or imprisonment for 12 months, or both.

Police powers

The police have very broad powers in connection with FPOs. Under the Act, a police officer can do the following to search for firearms, firearm parts or ammunition:

• detain a person subject to an FPO; or
• enter any premises occupied or controlled or managed by the person; or
• stop and detain any vehicle, boat or plane occupied or controlled or managed by the person. 

The search powers may be exercised as “reasonably required” to determine whether a person subject to an FPO has committed an offence. However, if the search is not ‘reasonably required’, a person may have a defence to any charges arising as a result of the search. 

Review and appeal of FPO

After being served with an FPO, a person has 28 days to lodge a written request with the Commissioner for an internal review. If the order is confirmed after the review, police must provide reasons the order was imposed and why it will not be lifted.

If an internal review is denied, a person can apply to the NSW Civil and Administrative Tribunal for an administrative review of a decision to make an FPO against them. 

If a person unsuccessful in challenging the making of the FPO, they can still make a revocation request to the Commissioner, who has the right under the Act to revoke an FPO at any time. Usually, however, such a request is denied on the grounds of public safety.

If you have been served with a Firearms Prohibition Order, or need advice or representation in any legal matter, please contact Armstrong Legal.