The history of FPO’s
– Firearm Prohibition Orders were introduced in Victoria in May 2018, these are newer protective measures with the purpose to protect the community and stop gun crime by targeting people who wish to possess, use or carry firearms unlawfully.
How does an FPO affect me?
FPO’s are covered in Part 4A of the Firearms Act 1996 and give rise to restrictions and extended police powers. Section 112B states that ‘a person to whom a firearm prohibition order applies must not acquire possess, carry or use a firearm or firearm related item’.
It is important to note that s112D states a FPO may be made against an individual even if that person has never applied to have a firearms license.
When considering an FPO, it can only be ordered if the Chief Commissioner is satisfied that it is in the public interests to do so:
- because of the criminal history of the individual; or
- because of the behaviour of the individual; or
- because of the people with whom the individual associates; or
- because, on the basis of information known to the Chief Commissioner about the individual, the individual may pose a threat or risk to public safety.
RESTRICTIONS
Section 112O also explains that a person whom an FPO applies to will be unable to enter or remain on certain premises, such examples are:
- A shooting range;
- A shooting club;
- A paintball range or place which paintball activities are carried out;
- A premises where firearms are stored.
The penalties for breaching s112O is 50 penalty units or 12 months of imprisonment.
POLICE POWERS
An FPO not only gives rise to restrictions, but also gives police officers extended powers to search premises, vehicles, vessels or aircraft without warrant or consent (s112Q). Even able to search people who accompany the individual as long as it is reasonably suspect that person has a firearm or firearm related item (s112S).
As demonstrated FPO’s have the ability to control many aspects of your life.
If you believe an FPO was wrongly placed against you, with the help of an experienced lawyer you may apply to VCAT for a review of the decision (s112L). As criminal law specialists, do not hesitate to call us at Jay & Co Barristers and Solicitors.
