Firearm Prohibition Orders (Vic)
In Victoria, Firearms Prohibition Orders (FPOs) can be issued by the Chief Commissioner of Police. FPOs are orders that prohibit individuals from acquiring, possessing or using firearms for a stated period. This page outlines the laws surrounding the making of Firearms Prohibition Orders and the consequences of breaching them.
Legislation
In Victoria, Firearms Prohibition Orders are made under the Firearms Act 1996.
What is a Firearm Prohibition Order?
A Firearm Prohibition Order is an order that prohibits a person over 14 from acquiring, possessing, carrying or using firearms.
An FPO against an adult may be made for a period of up to 10 years. An FPO against a person between 14 and 18 may be made for a period of up to five years.
An FPO may be revoked by the Chief Commissioner before its expiration.
When can a Firearm Prohibition Order be made?
Under section 112E of the Firearms Act 1996, an FPO can be made when the Chief Commissioner is satisfied that it is in the public interest to make the order:
- because of a person’s criminal history
- because of a person’s behaviour
- because of the people with whom the person associates
- because the person poses a risk to public safety.
Appeals
If a person has an FPO made against them, they may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of this decision after the expiration of half the period for which the order was made.
Search powers
When a Firearm Prohibition Order is in force against a person, the police extensive search powers that they may use to establish whether the person has acquired or is possessing, using or carrying firearms or related items.
The police may, without a warrant, search:
- premises occupied by the person
- vehicles, vessels and aircrafts under the control of the person
and seize firearms and related items.
Offences
If a person who is subject to a Firearms Prohibition Order breaches the terms of the order, they are guilty of an offence. Offences involving breaches of FPOs can attract fines and terms of imprisonment.
Entering premises
A person who is subject to an FPO must not enter or remain at certain premises such as firearm dealer businesses, shooting ranges, firearms collector clubs, shooting clubs or paintball ranges.
Entering prescribed premises is an offence and attracts a penalty of a fine of 50 penalty units or imprisonment for 12 months imprisonment.
Failing to surrender firearms
A person who is served with a Firearms Prohibition Order must immediately surrender any firearms or firearm-related items (such as ammunition and accessories) that they have in their possession. Failure to surrender items is an offence that attracts a maximum penalty of imprisonment for five years.
Public responses to the scheme
The Victorian government introduced FPOs to enhance public safety by targeting individuals who may pose a threat but lack a criminal record. Police Minister Lisa Neville emphasized that the FPO regime empowers Victoria Police to tackle serious and organized crime effectively.
However, advocacy groups like Liberty Victoria and the Rights Advocacy Project have raised concerns about the broad powers granted to police under the FPO scheme. They argue that the ability to search individuals without a warrant infringes on personal privacy and civil liberties.
Critics of the scheme also point to the lack of independent oversight by bodies and question the effectiveness of FPOs in reducing firearm-related crimes.
Other jurisdictions
All Australian states and territories now have a Firearms Prohibition Order scheme. There are variations between states as to the duration of the orders, who can issue them and the criteria for determining whether an order should be made.
While Victorian, New South Wales and Queensland legislation gives broad powers to police to conduct searches without warrants to ensure compliance with orders, in other states, no such police powers are specified.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.