Key points
- FPO means firearm prohibition order. In NSW the Commissioner of Police makes one against a person considered not fit, in the public interest, to have a firearm.
- No conviction is needed, and the order takes effect when police personally serve it.
- The person must not acquire, possess or use a firearm, firearm part or ammunition, and any firearms licence is automatically revoked.
- Police can search without a warrant: the person, their home and their vehicles, as reasonably required, to check for firearms, parts or ammunition.
- Breaching an FPO carries up to 14 years' imprisonment for a pistol or prohibited firearm, and 5 years for other firearms.
- To challenge an FPO, ask for an internal review within 28 days; some people can then go to the NSW Civil and Administrative Tribunal.
- For advice on an FPO or a search, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in NSW for a fixed $295.
In NSW, a firearm prohibition order (FPO) is an order made by the Commissioner of Police against a person who, in the Commissioner's opinion, is not fit, in the public interest, to have possession of a firearm. Once it is personally served, the person must not acquire, possess or use a firearm, firearm part or ammunition (up to 14 years' imprisonment for a pistol or prohibited firearm), any firearms licence is revoked, and police can search the person, their premises and their vehicles without a warrant, as reasonably required, to find out whether they have committed an offence against the order.
Checked on 23 October 2026 against the NSW Ombudsman's review of the FPO search powers, NSW Police Force publications and the Local Court of NSW's current maximum penalties.
What is an FPO?
FPO stands for firearm prohibition order (the NSW Act calls it a firearms prohibition order). In New South Wales, the Commissioner of Police can make an FPO against a person if, in the Commissioner's opinion, the person is not fit, in the public interest, to have possession of a firearm. A person does not need to have been convicted of anything to be given an FPO.
- When it starts: an FPO takes effect when police personally serve a copy on the person.
- Licences: any firearms licence or permit the person holds is automatically revoked, and a person subject to an FPO must be refused a licence.
- How long: the Commissioner can revoke an FPO at any time, for any reason or none.
What an FPO stops you doing
- No firearms, parts or ammunition: the person must not acquire, possess or use a firearm, and must not acquire or possess a firearm part or ammunition.
- At home: it is an offence for the person if a firearm, firearm part or ammunition is kept or found on premises where they live, with a defence if they did not know and could not reasonably have known, or took reasonable steps to prevent it.
- Places they cannot go: without a reasonable excuse, the person must not attend a firearms dealership, a shooting range, the premises of a shooting club or other premises prescribed by the regulations. Membership of a firearms club is not a reasonable excuse.
- Other people: it is an offence to supply or give possession of a firearm, firearm part or ammunition to someone knowing they are subject to an FPO.
Police search powers under an FPO
Section 74A of the Firearms Act 1996 lets a police officer, without a warrant:
- detain a person who is subject to an FPO and search them;
- enter any premises occupied by, or under the control or management of, that person, and search it; and
- stop and detain any vehicle, vessel or aircraft occupied by, or under the control or management of, that person, and search it,
for firearms, firearm parts or ammunition. The powers can be used "as reasonably required" to determine whether the person has committed an offence of acquiring, possessing or using a firearm, firearm part or ammunition. Unlike ordinary police search powers, they do not need a warrant or a reasonable suspicion. "Premises" includes any place, whether built on or not.
A 2020 bill that would have widened these powers (to search other people at the premises) and required FPOs to be reviewed every 10 years lapsed in February 2023 and did not become law.
Penalties for breaching an FPO
| Offence by a person subject to an FPO | Maximum penalty (higher courts) | Maximum in the Local Court |
|---|---|---|
| Acquire, possess or use a pistol or prohibited firearm, or acquire or possess a part for one | 14 years' imprisonment | 50 penalty units ($5,500), 2 years, or both |
| Acquire, possess or use any other firearm, or acquire or possess a part for one | 5 years' imprisonment | 50 penalty units ($5,500), 2 years, or both |
| Acquire, possess or use ammunition | 5 years' imprisonment | 50 penalty units ($5,500), 2 years, or both |
| Firearm, part or ammunition kept or found on premises where the person lives | 50 penalty units ($5,500), 12 months, or both | |
| Attending a shooting range | 50 penalty units ($5,500), 12 months, or both | |
These are the Local Court of NSW's current maximum penalties for the Firearms Act 1996, from the Judicial Commission's Local Court Bench Book. The NSW Police Force's summary of the 2013 changes gives the same 14-year and 5-year maximums for supplying a firearm or part to someone known to be subject to an FPO.
Challenging an FPO
- Internal review: a person served with an FPO has 28 days to ask the NSW Police Force to review the decision to make it.
- The tribunal: some people can then apply to the NSW Civil and Administrative Tribunal (NCAT). The NSW Police Force says that since 24 December 2025, tribunal appeals have been removed for all other firearms decisions, but decisions to make an FPO can still go to NCAT; internal review remains available. When the search powers began, the tribunal option was not open to people with certain recent convictions, AVOs or good behaviour bonds.
- Revocation: after the 28 days, a person can ask the Commissioner to revoke the FPO, which the Commissioner can do at any time.
Free legal help in NSW
| Service | Number | Hours |
|---|---|---|
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
Other states and territories have their own prohibition orders. For the Northern Territory, see firearm prohibition orders in the NT.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you on an internal or tribunal review of an FPO, on asking the Commissioner to revoke it, on your rights during an FPO search, and on any charge. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. The Firearms Act 1996 (NSW) could not be read on the NSW legislation website on 23 October 2026, so this page was checked that day against: the NSW Ombudsman's issues paper "Review of police use of Firearms Prohibition Order search powers: Section 74A of the Firearms Act 1996" (July 2015), which sets out sections 73 and 74A; the NSW Police Force's "Summary of Key Changes: Firearms and Criminal Groups Legislation Amendment Act 2013"; the NSW Police Force Firearms Registry's "Decision Making Guidelines" (version 1.3, 23 March 2026); the NSW Police Force page on the Terrorism and Other Legislation Amendment Act 2025; the Local Court Bench Book's current maximum penalties for the Firearms Act 1996; and the NSW Parliament's record of the Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020, which lapsed on 27 February 2023.