Firearms Prohibition Orders in Victoria
In Victoria, owning or operating a firearm is strictly regulated and carries significant legal responsibilities. Individuals who are subject to firearm-related allegations or enforcement action should seek advice from experienced criminal lawyers in Melbourne.
One of the most serious regulatory mechanisms in Victoria is the Firearms Prohibition Order (FPO), which can have immediate and far-reaching consequences.
What is a Firearms Prohibition Order (FPO)?
A Firearms Prohibition Order (FPO) is a legal order that prohibits an individual from acquiring, possessing, using, or carrying firearms.
This restriction extends beyond firearms themselves and may also apply to:
Firearm parts
Ammunition
Related weapons or accessories
An FPO is a serious regulatory tool used by law enforcement to prevent access to firearms where there is a perceived risk to community safety.
Why are Firearms Prohibition Orders issued?
FPOs are generally issued where police consider that an individual poses a risk in relation to firearms. Common reasons include:
History of violent behaviour
Individuals with prior convictions or demonstrated violent conduct may be subject to an FPO, particularly where firearms are involved or suspected.
Links to criminal organisations
FPOs may be issued where a person is suspected of involvement with organised crime groups, gangs, or criminal syndicates.
Illegal firearm activity
This includes conduct such as:
Unlicensed firearm trading
Illegal modification of firearms
Participation in unlawful shooting activities
Non-compliance with firearm laws
Repeated breaches of firearm regulations may also result in an FPO, including:
Unsafe storage of firearms
Failure to report lost or stolen firearms
Failure to maintain valid licences or permits
What are the consequences of an FPO?
Being subject to a Firearms Prohibition Order carries immediate and significant consequences, including:
Immediate surrender of firearms
The individual must immediately surrender all firearms, ammunition, and related items to police.
Search and seizure powers
Police are authorised to search premises, vehicles, and areas under the person’s control without a warrant for firearms and related items.
Ongoing prohibitions
While the order is in force, the individual is prohibited from:
Possessing firearms or firearm parts
Using or carrying firearms
Acquiring firearms or related items
How long does a Firearms Prohibition Order last?
The duration of an FPO depends on the circumstances of the case and the assessed level of risk.
Some orders may apply for a fixed period, while others may remain in place indefinitely. FPOs may also be subject to periodic review depending on the individual circumstances.
Can you challenge a Firearms Prohibition Order?
Yes. A person who is subject to an FPO may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision.
Time limits for review
An application for review must generally be made within 28 days of being served with the order
A further review may be available after a qualifying period, depending on the type of order and the individual’s age
It is important to note that review rights are limited, and careful preparation is essential before proceeding.
Grounds for challenging an FPO
An FPO may be challenged on a number of grounds, including:
Insufficient evidence
Arguing that the information relied upon to issue the order is incorrect, incomplete, or not properly substantiated.
Change in circumstances
Demonstrating that circumstances have materially changed since the order was made, reducing any perceived risk.
Procedural issues
Identifying errors in the decision-making or administrative process.
Preparing a challenge to an FPO
Challenging a Firearms Prohibition Order requires detailed preparation and supporting evidence. This may include:
Character references
Evidence of rehabilitation or treatment programs
Medical or psychological reports
Other relevant documentation
The matter is typically determined through a formal hearing process where both parties present their case.
Possible outcomes at VCAT
Following a review, VCAT may:
Uphold the FPO, meaning the order remains in force
Vary the FPO, adjusting its conditions or scope
Revoke the FPO, removing the order entirely
Legal advice for Firearms Prohibition Orders
Firearms Prohibition Orders are complex and high-impact legal instruments. Given the serious consequences, obtaining expert legal advice is strongly recommended at the earliest stage.
At Stary Norton Halphen & Galbally, our criminal defence lawyers have extensive experience advising and representing clients in firearm-related matters, including FPO reviews and related criminal proceedings.
We provide strategic advice tailored to each client’s circumstances to ensure the best possible outcome.
Key takeaway
A Firearms Prohibition Order in Victoria can have immediate and significant legal consequences, including loss of firearm rights and extensive police powers. However, individuals have the right to seek review through VCAT, and outcomes may be challenged with appropriate legal representation.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.