In South Australia, Firearms Prohibition Orders (FPOs) are serious legal restrictions issued under the Firearms Act 2015 (SA). If you’re subject to an FPO, your rights to possess, use or even be near firearms are severely restricted. And once an order is in place, the consequences can impact your life, your home and your relationships.
Here’s what you need to know about what an FPO is, how it works, and what legal options exist if you’ve been issued one.
What is a Firearms Prohibition Order?
A Firearms Prohibition Order is a legal order made by the Registrar of Firearms to restrict a person from any involvement with firearms, firearm parts or ammunition. It can be issued if the Registrar believes on reasonable grounds, that the person is not fit to hold a firearms licence or that the order is necessary to prevent a threat to public safety.
Under Section 50 of the Firearms Act 2015 (SA), an FPO can be imposed even if the person has not committed a firearms-related offence.
What Restrictions Does an FPO Impose?
If you’re subject to an FPO in South Australia, the conditions may include:
- Immediate disqualification from holding a firearms licence or permit.
- Suspension of any existing firearms licence or permit.
- A ban on acquiring, possessing, or using firearms, firearm parts or ammunition.
- Mandatory surrender of all firearms and ammunition to police.
- A ban from visiting shooting ranges, firearms businesses, or clubs.
- A requirement not to reside at or visit premises where firearms are kept.
- Restrictions on being in the company of people who possess firearms.
- A duty to inform other adults in your household about your FPO.
- Legal liability for others who bring firearms into your presence.
Breaching any of these conditions can lead to serious criminal penalties including imprisonment.
How Are FPOs Enforced?
Police have broad powers to enforce Firearms Prohibition Orders. This includes the power to search your person, vehicle, or residence without a warrant if they reasonably suspect you’re in breach of the order.
FPOs are listed in a publicly accessible register, which means your name and identifying information may be searchable online by members of the public.
Can You Challenge or Remove a Firearms Prohibition Order?
Yes — but it’s not easy.
Challenging an FPO involves applying to the South Australian Civil and Administrative Tribunal (SACAT) to have the order reviewed or revoked. You’ll need to show that the order is no longer necessary, and that you are fit and proper to be in possession of firearms.
This process often requires:
- Evidence of rehabilitation (if relevant).
- Clean conduct since the order was made.
- Proof of stable living conditions and mental fitness.
- Strong legal submissions supported by expert representation.
Given the seriousness of the restrictions and the difficulty of overturning an FPO, legal advice is essential if you’re hoping to challenge an order or apply for a firearms licence after cancellation.
What to Do If You’ve Been Issued an FPO
If you’ve received notice of a Firearms Prohibition Order, you must:
- Comply with the order immediately.
- Surrender any firearms or ammunition in your possession.
- Avoid all firearms-related environments and contacts.
- Get legal advice as soon as possible.
Remember, even unintentional breaches of an FPO can result in criminal charges. And once you’re on the public register, it can have long-term consequences for your reputation and your future.
Need Help with a Firearms Prohibition Order in South Australia?
We have extensive experience in defending clients facing serious firearms-related restrictions. Whether you’ve just received an FPO or want to apply to have one revoked, we can help you understand your rights and fight for your future.
FAQs About Firearms Prohibition Orders in South Australia
What is a Firearms Prohibition Order (FPO) in South Australia?
A Firearms Prohibition Order (FPO) is a legal order issued by the Registrar of Firearms that prohibits a person from possessing, using, or being near firearms, firearm parts, or ammunition. It can be imposed even if you haven’t committed a firearms-related offence.
Can I lose my gun licence in South Australia for a non-firearms offence?
Yes. In South Australia, your firearms licence can be cancelled for non-firearm-related offences such as breaching bail, failing to report to police, or other criminal charges. The law focuses on public safety, not just firearm misuse.
How do I appeal a Firearms Prohibition Order in South Australia?
You must apply to the South Australian Civil and Administrative Tribunal (SACAT) to have the order reviewed or revoked. You’ll need to present evidence that you are no longer a risk to public safety and that the FPO is no longer necessary.
Can police search me without a warrant if I’m on an FPO?
Yes. If you’re subject to an FPO, police have the power to search you, your vehicle or your home without a warrant if they suspect you’re breaching the conditions of the order.
How long does a Firearms Prohibition Order last?
FPOs are ongoing and remain in force until revoked. There is no set expiry date, which means the restrictions can apply indefinitely unless successfully appealed.
Is there a public register of FPOs in South Australia?
Yes. South Australia maintains a public FPO register under Section 50 of the Firearms Act 2015. It includes the names of individuals currently subject to an order and is updated regularly.
Can I live with someone who owns firearms if I have an FPO?
No. If you are subject to an FPO, you cannot reside at a premises where firearms, parts or ammunition are stored. Breaching this condition may result in criminal charges for both you and the firearm owner.
Can I go to a shooting range or firearm club if I’m on an FPO?
No. An FPO prohibits you from attending any firearm clubs, shooting ranges, or businesses that deal with firearms. You are also prohibited from being in the company of someone carrying a firearm.