Firearms and Weapons Prohibition Orders in NSW: Can Police Search You Without Suspicion?
Most people know that police usually need reasonable suspicion to search a person without a warrant. That protection exists under general search laws in NSW.
However, if you are subject to a Firearms Prohibition Order (FPO) or a Weapons Prohibition Order (WPO), those usual protections change dramatically.
Under NSW legislation, police can search you, your home or your vehicle without a warrant and without reasonable suspicion.
These are some of the most powerful search laws in the state — but they are not beyond challenge.
What Is a Firearms Prohibition Order?
A Firearms Prohibition Order is an administrative order issued by the NSW Police Commissioner that prevents a person from:
- Possessing firearms
- Acquiring firearms
- Using firearms
- Possessing firearm parts or ammunition
The power to make an FPO is found in Part 7 of the Firearms Act 1996 (NSW).
The key test under section 73(1) is whether the Commissioner believes it is not in the public interest for the person to possess a firearm.
There is no strict statutory definition of “public interest.” This gives police significant discretion.
What Is a Weapons Prohibition Order?
A Weapons Prohibition Order operates similarly but relates to prohibited weapons rather than firearms.
The power to issue a WPO is contained in Part 5 of the Weapons Prohibition Act 1998 (NSW).
A WPO prevents a person from possessing or using prohibited weapons and triggers expanded police search powers.
Why Were These Laws Strengthened?
Originally, these orders were designed to restrict firearm access among organised criminal groups and individuals linked to firearm-related offending.
However, amendments introduced by the Firearms and Criminal Groups Legislation Amendment Act 2013 (NSW) significantly expanded police powers.
Since 2013, police have been permitted to:
- Search a person subject to an FPO or WPO
- Search their home
- Search their vehicle
- Do so without a warrant
- Do so without reasonable suspicion
This represents a major departure from ordinary search law principles.
How Long Does an FPO or WPO Last?
An FPO or WPO can remain in force indefinitely.
There is no automatic expiry date.
The order takes effect once personally served and remains active unless revoked by the Commissioner. This means police search powers may continue years after the order was first imposed.
Do Police Need Suspicion to Conduct an FPO or WPO Search?
No.
Unlike standard searches, police do not need to prove they had reasonable suspicion at the time of conducting an FPO or WPO search.
The NSW Supreme Court confirmed in DPP v Shaba [2018] NSWSC 811 that the subjective belief of police is not decisive when assessing the legality of an FPO search.
Instead, the legal question becomes whether the search was “reasonably required” to determine whether the person was breaching the order. This requirement appears in section 74 of the Firearms Act 1996 (NSW).
Importantly, a court can find that a search was “reasonably required” even if police did not suspect a specific breach at the time.
What Does “Reasonably Required” Mean?
Although police powers are broad, they are not unlimited.
Courts have made it clear that the phrase “reasonably required” places a real legal constraint on police conduct.
In R v Ioannidis [2015] SASCFC, the South Australian Supreme Court interpreted similar legislation and found that searches conducted purely for monitoring or harassment purposes may be unlawful.
Examples discussed by the court included:
- Multiple searches conducted within a very short timeframe
- Early-morning residential searches without justification
- Searches in circumstances that are unnecessarily intrusive or disproportionate
In R v Shaitly [2019] NSWDC 762, the NSW District Court emphasised that given the breadth of these powers, police must comply with the legislation strictly and precisely.
Courts will not allow the law to be used as a shortcut to bypass proper investigative standards.
What If the Search Was Unlawful?
If a court finds that an FPO or WPO search was not “reasonably required,” any evidence obtained as a result may be excluded under section 138 of the Evidence Act 1995 (NSW).
This provision allows courts to exclude evidence that was improperly or illegally obtained.
If critical evidence is excluded, the prosecution may be unable to proceed.
Can You Challenge an FPO or WPO?
Yes.
If you are served with an order, you can request an internal review by NSW Police within 28 days.
If police uphold the order, they must provide written reasons.
You may then be able to seek review in the NSW Civil and Administrative Tribunal (NCAT).
However, eligibility restrictions apply. Certain criminal histories or prior civil orders within the last 10 years may limit your ability to apply.
Before taking steps, it is essential to obtain legal advice about:
- Your eligibility for review
- The strength of your challenge
- The risks involved
- The evidence relied upon by police
Why Early Legal Advice Matters
FPO and WPO laws give police extraordinary powers.
But those powers must still be exercised lawfully.
If you have been:
- Served with an FPO or WPO
- Subjected to repeated police searches
- Charged following an FPO or WPO search
You may have grounds to challenge the order or the admissibility of evidence.
Contact Criminal Lawyers Group
If you are subject to a Firearms Prohibition Order or Weapons Prohibition Order, or police have searched your property under these powers, seek urgent legal advice.
We offer a free first consultation, confidential and obligation-free.
For expert legal advice, contact:
Steven Mercael
Criminal Lawyers Group
🌐 www.criminallawyersgroup.com.au
📞 (02) 8815 8177
📧 info@criminallawyersgroup.com.au
Protecting your rights starts with understanding the limits of police power.