And just like that all my guns were seized by police

Ask your firearm legal questions here. Firearms licensing and permits, storage, shooters rights information.

Re: And just like that all my guns were seized by police

Post by brett1868 » 13 Mar 2019, 10:51 pm

Ah, so when the Greens kick up a fuss about how "someone" has x number of firearms in a postcode, we know who they're talking about.

Still, this f***s me off. It's ridiculous that you report a crime against you and you get your guns taken.


I have Cat A, B, G & H + High Cal - The G is "Collectors" and excludes me from the stats on firearms in the community used by GCA. If you want to hide the number of firearms you have from the anti's then get a collectors license :)

The logic of the police is that they don't want you as the victim to take matters into your own hands so all parties lose their firearms. In my case it was a blood relative so it's a clear case of domestic violence even if i'd had no contact in 10yrs and no idea of where he lived. I have no idea how they justified seizing 2freeq's firearms AND suspending his license as it doesn't fit the SOP they have on domestic violence. He's not related, there's been no physical confrontation and no charges laid. I'd be seeking a meeting with the regional commander to get an explanation as to how they can justify "Not in the public interest" when no confrontation has taken place.
How's my posting?
Complaints, Concerns - 13 11 14
User avatar
brett1868
Lieutenant General
Lieutenant General
 
Posts: 3421
New South Wales

Re: And just like that all my guns were seized by police

Post by wanneroo » 14 Mar 2019, 12:39 am

I'd get a better solicitor and hit the cops hard back in the face with it.

I'd also hit back hard on the child protection authorities on how this individual has your information.

I'd also contact your state representative in government over this. I'd find their office and try to talk to them directly.

Next after exhausting all those avenues I'd go right to the media and make more noise.
wanneroo
Sergeant
Sergeant
 
Posts: 367
United States of America

Re: And just like that all my guns were seized by police

Post by Kel » 14 Mar 2019, 4:39 am

Wow talk about shooting the messenger. I wonder if that was an overzealous application of the the discretionary options available under the law or a mandated requirement to seize (which is clearly unfair under the circumstances you describe). If a warrant is required I would hope that the signatory requires some sound /justifiable reasoning as to why the firearms should be seized. In hindsight perhaps it would have been wise to request a warrant and seek legal advice.
User avatar
Kel
Private
Private
 
Posts: 27
New South Wales

Re: And just like that all my guns were seized by police

Post by Jon79 » 14 Mar 2019, 10:13 am

When my daughter did her firearms safety course at the local gun shop they mentioned that if you ever think anything has happened where the cops could come knocking that the best thing to do is bring your guns straight down to the shop for storage, Apparently the guns can be stored there instead of being seized by the police
User avatar
Jon79
Corporal
Corporal
 
Posts: 165
New South Wales

Re: And just like that all my guns were seized by police

Post by Patriot » 14 Mar 2019, 12:42 pm

The fact that private property can be seized, and the owner denied due process is astonishing. The fact that Australian citizens have no problem with this is even more astounding.
Patriot
Corporal
Corporal
 
Posts: 105
Queensland

Re: And just like that all my guns were seized by police

Post by sungazer » 14 Mar 2019, 3:37 pm

They can be stored at a LGS but check on the fees for doing so. They range from Free from good bloke type stores to very quickly being more than the guns are worth.
sungazer
Major
Major
 
Posts: 1678
Other

Re: And just like that all my guns were seized by police

Post by TassieTiger » 14 Mar 2019, 4:35 pm

Not sure if op can really be bothered seeking legal etc now - 28 days will pass and hopefully all returns are done without further issue...it’s clearly been a harrowing experience already and is probably wondering now if the juice will be worth the squeeze in relation to seeking further legal...
That being said - perhaps a few of us should contact the below and call them out on situations like the one that has transpired here? I don’t want to bring anymore focus on the op tho - just looking to help if possible ?
6AC3B853-B9D2-4CC1-8AB5-3D6AAC8A14BC.jpeg
6AC3B853-B9D2-4CC1-8AB5-3D6AAC8A14BC.jpeg (139.76 KiB) Viewed 471 times
Tikka T3 .260 (custom)
Steyr Pro Varmint .223
CZ455 .22 & Norinco .22
ATA 686 U/O 12g & Baikal S/S 12g
Steyr Pro Hunt 30-06 (Dud!!!)
Sauer 100 30-06
TassieTiger
Lieutenant
Lieutenant
 
Posts: 1181
Tasmania

Re: And just like that all my guns were seized by police

Post by southeast varmiter » 14 Mar 2019, 5:23 pm

Glad it worked out. But you got played. What the police did was illegal.
Unless a warrant is issued, they cannot sieze guns, second the threat of leaving police behind while they went off to get a warrant is also illegal.
Unless you were cautioned and placed under arrest, you are free to pack your guns in a car and drive off to gun store for storage.
Police cannot detain you without placing you under arrest.
You have a case there.
southeast varmiter
Sergeant
Sergeant
 
Posts: 306
Victoria

Re: And just like that all my guns were seized by police

Post by Sonnyjim » 16 Mar 2019, 5:14 am

Kumaabear wrote:I would have been taking that refusal offer and contacting a lawyer immediately, right in front of said 3 remaining police.

There is no guarantee that the promise of returning with a warrant would have even happened, police often have no idea what the law is in such niche areas but you would expect that the guy signing warrants may well know whats allowed.

I personally think us Australians are far too quick to forfeit our rights in the face of a polite police requests and veiled threats and the police know and often count on it.

If they were coming there to seize the firearms then they should have brought a warrant, if they don't have one with them when they rock up either they are incompetent or they were not sure if a warrant would be granted and were happy to try and intimidate you into surrendering your property, perhaps both.

I would not be surprised if they have been logged in the system as voluntarily surrendered or something along those lines rather than seized for X reason.

Rocking up without a warrant to seize something, then having to "go get one" just makes no sense whatsoever.

What a joke


mate i think your absolutely spot on here, looks like they weren't sure they'd get a warrant and turned on the intimidation. After reading this i would always as politely and respectfully as possible refuse until a warrant is placed. Surely it cannot be standard practice as this would make a huge disinterest for firearm owner to make formal complaints about legal matters. if this is the standard practice i believe it needs to change.
Sonnyjim
Private
Private
 
Posts: 4
South Australia

Re: And just like that all my guns were seized by police

Post by Download » 16 Mar 2019, 10:19 am

southeast varmiter wrote:Glad it worked out. But you got played. What the police did was illegal.
Unless a warrant is issued, they cannot sieze guns, second the threat of leaving police behind while they went off to get a warrant is also illegal.
Unless you were cautioned and placed under arrest, you are free to pack your guns in a car and drive off to gun store for storage.
Police cannot detain you without placing you under arrest.
You have a case there.

That's not true, most states give wide reaching powers to police to seize firearms.
Download
Lance Corporal
Lance Corporal
 
Posts: 93
South Australia

Re: And just like that all my guns were seized by police

Post by Ziad » 16 Mar 2019, 10:27 am

s**t this is sad mate. Hopefully in 28 days you get your license and guns back. But as others have said 2 things

How did he get your number, gross inaction of privacy.

And why did they suspend your license, and does that mean you have to reapply to get it back.
Blame it on the phone auto correct
Ziad
Lieutenant
Lieutenant
 
Posts: 1128
Victoria

Re: And just like that all my guns were seized by police

Post by Nigel » 16 Mar 2019, 10:56 am

brett1868 wrote:My gear was seized under section 82 & 83 of the LEPRA Act part 6.


I just had a look and this part of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

The important lessons here are:

1) Do not invite the police to enter your premises

Section 82 and 83 cover entry into premises in situations where the police have domestic violence related suspicions. Section 82 covers entry by invitation and section 83 covers entry under warrant. The threshold tests for section 83 to apply are stricter than section 82. To get the warrant they need to have a reasonable suspicion that it is necessary to enter the premises to prevent an act of domestic violence. I can't understand how this test would have been passed in either of these cases.
Once the police enter your premises pursuant to either of these sections, they are required by section 85 to seize all firearms in the premises.

2) If you report threats of domestic violence to the police, assume that any firearms in your home will be seized

In 2Freeq's case, if the police based their seizure on section 82, they may have acted improperly. Based on the facts reported, the violence threatened would be unlikely to fit within the definition of 'domestic violence' due to fact that there was no 'domestic relationship' between the threatener and the victim of the threat.
User avatar
Nigel
Private
Private
 
Posts: 49
New South Wales

Re: And just like that all my guns were seized by police

Post by Empie » 16 Mar 2019, 11:04 am

And who pays for this “service” for the police to collect, store, & return the firearms? The firearms owners of course as a component of their licence application & renewal fees while those who start these fiascos suffers no cost!
Empie
Private
Private
 
Posts: 8
Western Australia

Re: And just like that all my guns were seized by police

Post by TassieTiger » 16 Mar 2019, 11:05 am

^ exactly - and exactly the problem as who here who has now read this thread - on this forum, is going to report anything knowing what the implications might be?
Tikka T3 .260 (custom)
Steyr Pro Varmint .223
CZ455 .22 & Norinco .22
ATA 686 U/O 12g & Baikal S/S 12g
Steyr Pro Hunt 30-06 (Dud!!!)
Sauer 100 30-06
TassieTiger
Lieutenant
Lieutenant
 
Posts: 1181
Tasmania

Re: And just like that all my guns were seized by police

Post by southeast varmiter » 16 Mar 2019, 5:35 pm

You are absolutely incorrect. That’s why this situation ended the way it did.

Download wrote:
southeast varmiter wrote:Glad it worked out. But you got played. What the police did was illegal.
Unless a warrant is issued, they cannot sieze guns, second the threat of leaving police behind while they went off to get a warrant is also illegal.
Unless you were cautioned and placed under arrest, you are free to pack your guns in a car and drive off to gun store for storage.
Police cannot detain you without placing you under arrest.
You have a case there.

That's not true, most states give wide reaching powers to police to seize firearms.
southeast varmiter
Sergeant
Sergeant
 
Posts: 306
Victoria

Re: And just like that all my guns were seized by police

Post by Ziad » 17 Mar 2019, 8:03 am

Well NSW just going to pass laws for a 2 year trial,
where if you have a drug conviction in the last 10 years cops do not need a warrant to search your house
Blame it on the phone auto correct
Ziad
Lieutenant
Lieutenant
 
Posts: 1128
Victoria

Re: And just like that all my guns were seized by police

Post by JSS » 17 Mar 2019, 8:52 am

Ziad wrote:Well NSW just going to pass laws for a 2 year trial,
where if you have a drug conviction in the last 10 years cops do not need a warrant to search your house


I find it pretty hard to believe that one will get passed, not even for the trail period. It sounds like a bit of "tough on crime" pre election BS.
It's far too open to abuse and misuse to ever get through.
User avatar
JSS
Sergeant
Sergeant
 
Posts: 289
Queensland

Re: And just like that all my guns were seized by police

Post by Gaznazdiak » 17 Mar 2019, 9:24 am

JSS wrote:
Ziad wrote:Well NSW just going to pass laws for a 2 year trial,
where if you have a drug conviction in the last 10 years cops do not need a warrant to search your house


I find it pretty hard to believe that one will get passed, not even for the trail period. It sounds like a bit of "tough on crime" pre election BS.
It's far too open to abuse and misuse to ever get through.



The appearance regulations had no trouble getting through, if they can get bullsh!t like that to stand up, who knows what they can get away with?
fideles usque ad mortem
User avatar
Gaznazdiak
Lieutenant Colonel
Lieutenant Colonel
 
Posts: 1973
New South Wales

PreviousNext

Back to top
 
Return to Australian gun laws