News · Criminal law explainer
Firearms Prohibition Orders in NSW.
A Firearms Prohibition Order is one of the strongest tools police have short of a charge. It bans a person from being near firearms and opens them up to search at almost any time. FPOs are made under the Firearms Act 1996 (NSW), and the search power sits in section 74A. This note explains what an FPO is, the offences that come with it, the reach of the search power, and how an order can be challenged.
By Aaron Kernaghan · Published 3 September 2026
What is a Firearms Prohibition Order?
A Firearms Prohibition Order is an order made by the Commissioner of Police that prohibits a person from acquiring, possessing, or using a firearm, firearm part, or ammunition. It can be made where the Commissioner is satisfied the person is not fit, in the public interest, to have a firearm.
An FPO is not a criminal charge. It is an administrative order. But once it is in place it creates a set of serious offences and a search power that apply to the person for as long as the order lasts.
What offences come with an FPO?
A person subject to an FPO commits an offence if they possess or use a firearm, a firearm part, or ammunition. The penalties are significant, and they are higher than for an ordinary unauthorised possession because the person has been told, by the order, that they must not go near firearms.
It is also an offence to attend or reside at certain premises, or to be in the company of others, in the circumstances the Act specifies. The order can reach conduct that would be lawful for a person who was not subject to it.
The section 74A search power
Section 74A gives police a broad power to search a person subject to an FPO without a warrant. Police may detain the person and search them, enter and search premises they occupy or control, and stop and search a vehicle they occupy or control, to determine whether the person has a firearm, firearm part, or ammunition.
The power is wide but not unlimited. It can be used only where it is reasonably required for the purpose of the Act. The courts have described it as a targeted power to check compliance, not a power to search a person at random. Whether a particular search was reasonably required is a question that can be tested.
How is an FPO challenged?
Because an FPO is an administrative decision, it can be reviewed. A person can apply to have the order revoked, and can seek review of the decision in the Civil and Administrative Tribunal. The focus is on whether the person remains a risk and whether the order is still justified.
Challenging the exercise of the search power is different. Where police have gone beyond what the section allows, evidence obtained may be open to challenge under the rules about improperly obtained evidence. The two questions, the order and the search, are handled separately.
What to do if you are served with an FPO
The order takes effect when it is served, so the obligations and the search power begin immediately. A person who is served should get advice quickly, both about compliance and about whether the order can be reviewed or revoked.
Because any firearm, part, or ammunition found can lead to a serious charge, it matters to understand the reach of the order at once. Advice before any police interview is important where a search has produced something police want to ask about.
Frequently asked.
What is a Firearms Prohibition Order?
An order made by the Commissioner of Police under the Firearms Act 1996 (NSW) prohibiting a person from acquiring, possessing, or using a firearm, firearm part, or ammunition, where the Commissioner is satisfied the person is not fit in the public interest to have a firearm.
Can police search me without a warrant if I have an FPO?
Yes. Section 74A allows police to search a person subject to an FPO, and premises and vehicles they occupy or control, without a warrant, where reasonably required for the purposes of the Act. It is not a power to search at random.
What is the penalty for breaching an FPO?
Possessing or using a firearm, firearm part, or ammunition while subject to an FPO is a serious offence carrying heavy penalties, higher than ordinary unauthorised possession because the person has been prohibited by the order.
Can an FPO be removed?
Yes. A person can apply to have the order revoked and can seek review of the decision in the Civil and Administrative Tribunal. The question is whether the person remains a risk and whether the order is still justified.
Is an FPO a criminal charge?
No. It is an administrative order made by the Commissioner of Police. But it creates serious offences and a search power that apply while the order is in force.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
Related across the firm