NSW Police powers to Trespass and seize Firearms

[Tony Stewart]

Hi Folks,

I was hoping someone could shed some light in this area, do NSW Police have powers to walk onto your property to seize your firearms without a warrant?

Appreciate your insights!

[Blackened]

Hey Tony,

Can they "just walk in and seize them"? Not legally, no. But why would this happen?

Can they enter your property and seize them if you're dancing around drunk and naked in the front yard firing into the air? Yes.

Police can enter property without consent/a warrant if there is an emergency situation, such as preventing an assault in progress, or pursuing a fleeing suspect. In the extreme example above, they obviously wouldn't have a hard time justifying why they entered a property without a warrant and seizing firearms.

More seriously, observing a breach of storage obligations or issuance of an AVO (if memory serves) are two circumstances that come to mind where firearms would be seized, but then I imagine they would have a warrant in either of those cases (or be pre-authorized to do so in the legislation covering them).

You'd need to provide some specific context for a more useful answer for your particular situation (if there is one).

[alexjones]

Interesting first post.

If you are in any sort of drama in your personal life currently I suggest you take your guns and ammo to a registered firearms dealer for storage.

[straightshooter]

To add to Blackened's answer.
If the Police had a lawful reason or were invited by any resident to enter your property and then while there they observed an offence against the firearms act then the answer is yes.
A lawful reason could be as simple as responding to a complaint or doing a welfare check due to a complaint.
A defence might be that they interrupted you while you were cleaning, checking or practicing with a firearm or in the process of handloading as the case may be.
Also as Blackened indicated describe concisely a scenario that you are concerned about to get more specific details.
The best way to avoid such an event is to be totally compliant with regulations, never argue with anybody ever, never have symptoms of depression, never be aggressive toward anybody, never commit serious driving offences, never say anything really stupid online, never knowingly associate with anybody 'known' to the police and be squeaky clean at all times.

[deye243]

Don't know about New South Wales but they sure can in Victoria the day you get a shooter's license is the day you give up your rights they can come in and search your premises and all they got to say is we suspect you have an unregistered firearm in other words make up a b******* excuse

[Bugman]

Hi Folks,

I was hoping someone could shed some light in this area, do NSW Police have powers to walk onto your property to seize your firearms without a warrant?

Appreciate your insights!

Contact the firearms registry and ask. Simple as that. If you have been a good boy, you have nothing to worry about.
Have you been a good boy?

[alexjones]

Hi Folks,

I was hoping someone could shed some light in this area, do NSW Police have powers to walk onto your property to seize your firearms without a warrant?

Appreciate your insights!

Contact the firearms registry and ask. Simple as that. If you have been a good boy, you have nothing to worry about.
Have you been a good boy?

Not always the case mate. A bloke in QLD got a 'show cause' notice from the police because he made a post on facebook how self defence with a gun should be legal. Because he voiced his opinion(not ilegal to do) he had to beg for his licence. He didn't lose it but I suspect it would of been stressful.

[Bugman]

Different scenarios will always get different opinions from the plods. Bit of a dumb move to post on social media about self defence using a gun. As an addition to the op, it would also be interesting to talk to a lawyer sepcialising in firearm related matters. I guess it will always be the interpretation of each states regulations.

[bladeracer]

Hi Folks,

I was hoping someone could shed some light in this area, do NSW Police have powers to walk onto your property to seize your firearms without a warrant?

Appreciate your insights!

It will depend on the circumstances. If you are suggesting they were driving past and simply decided to drop in take your firearms then I would say the answer is no. If they were visiting your property for a reason then it might be yes. If somebody has made a statement to Police about your firearms activity or storage and they are there to investigate it and find you aren't up to scratch then it could well be yes. If they are attending to make a storage inspection and you have breached the regs then it could also be yes. If you have been involved in some sort of domestic dispute they may also have powers to take your firearms for 28 days.

[Ballistix]

Hi Folks,

I was hoping someone could shed some light in this area, do NSW Police have powers to walk onto your property to seize your firearms without a warrant?

Appreciate your insights!

I think the answer is in the question. Police can't trespass on property any more than any other private person.
They can only enter when exercising a specific power or pursuant to a warrant or other court order.
Generally, if they attend they require permission to enter premises. If it is declined, they may either get a warrant or exercise their powers. They need reasonable cause to suspect an offence has been committed and are supposed to provide a caution/special caution when speaking to you if investigating an offence.
Personally, I would always ask what the purpose of their attendance is and ask whether I am required to speak to them.

[Wapiti]

Looking at the OP's completely simple question, I can't see anywhere he has mentioned any of the above second guessing. But then, I've never been good at mind reading.

[alexjones]

Anybody remember that case of the guy (I believe in Sydney) cleaning his gun in his home and it was seen though the window and reported by his neighbour?

Let me look for the article.

[deye243]

Anybody remember that case of the guy (I believe in Sydney) cleaning his gun in his home and it was seen though the window and reported by his neighbour?

Let me look for the article.

Yes I remember that

[bigrich]

Anybody remember that case of the guy (I believe in Sydney) cleaning his gun in his home and it was seen though the window and reported by his neighbour?

Let me look for the article.

how dare he clean his firearm in his own home , quick send in SWAT

what's this world coming to .....

[Fester]

It seems to be standard Sydney suburban people behavior now and they played into the woke government's hand.

Watch every move your neighbor makes, including inside their house.
See them with a gun and call 000

It only takes one to see anything that could resemble a gun and feel distressed to have them all seized from you.

My area was cool as young local blokes hunted, shot, and fished.
Now it's ****** people moving to a better ,quieter place.
Can tell by their overflowing garbage bins, planting weeds to infest the bush instead of natives, and of course the big barking dog to wreck any piece and quiet we had.

Much like the tree-huggers moving to a rural block and being disgusted when they here a gunshot.
No getting used of it, just call the cops.

When I first left I fitted in, not brought the crap with me.
The first long-term neighbors did the same.

I met an older bloke living right down in the inner suburbs and he said people have changed and even down there was much worse.
He said that he should cash in and go south.
It's going to get a lot worse soon with the extreme high density living and no extra infrastructure to even cope with it.
Just a recipe for slums and they want to extend it a few hours in every direction apart from those living east of the bridge.

[Wapiti]

We had a house in The Gap in Brisbane's inner west, and I used to stay there when doing another stint of fly in-out projects. In 2017, I was out the back cleaning a rifle I'd brought down from the farm with me, and apparently alarmed people in a house out the back. Despite the 6 foot paling fence. Everyone lived outside under their entertainment areas there.
Cops showed up probably an hour after I first put the gun on the cleaning cradle. They were good about it, just came out to check things were legal and to ask that I be more discreet in future. Never knew who I scared, didn't matter anyway. Another reminder about the naive and city-centric indoctrinated people we share society with.

[alexjones]

“Section 58 of the Weapons Act 1990 prohibits engaging in conduct, alone or with another, that is likely to cause alarm to another person, when done without reasonable excuse and by the physical possession or use of a weapon. “

Problem is what is likely to cause alarm and what is a reasonable excuse? In my eyes cleaning a gun in the backyard is cool so not to breath oil fumes but to the commies it could cause alarm.