'Now They're Extraordinary Powers': firearms prohibition orders and warrantless search powers in New South Wales

McElhone, Megan (2017) 'Now They're Extraordinary Powers': firearms prohibition orders and warrantless search powers in New South Wales. Current Issues in Criminal Justice 28 (3), pp. 329-337. ISSN 1034-5329.

Abstract

In November 2013, the Firearms Act 1996 (NSW) was amended to provide police in New South Wales with new powers to allow them to search for firearms, firearm parts and ammunition without obtaining a warrant. The New South Wales Government’s ostensible aim in introducing these new search powers was to assist police to ensure that individuals who had been issued with a Firearms Prohibition Order were complying with the terms of that order, with a broader view to reducing firearms-related crime in New South Wales. However, the exercise of these powers has not always aligned with the apparent rationale for introducing them, and firearms, firearm parts and ammunition were found in just two per cent of the searches conducted by police in the two years following the amendment of the Firearms Act. In this period, police also conducted more than 200 unlawful searches of people who were not subject to an Order. This comment questions the extent to which Firearms Prohibition Order search powers can be justified as an effective and necessary law enforcement tool.

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