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Firearm Prohibition Orders soar but gun crime remains stable

Firearm Prohibition Orders (FPOs) have exploded more than 650 per cent in the past three years but have had little discernible impact on gun offences, analysis of crime data reveals. It comes amid fears the orders are being overused.

Police served 10 Firearm Prohibition Orders during a two-day operation targeting gun crime in South West Sydney in 2015.
Police served 10 Firearm Prohibition Orders during a two-day operation targeting gun crime in South West Sydney in 2015.

Firearm Prohibition Orders (FPOs) have exploded more than 650 per cent in the past three years but have had little discernible impact on gun offences, analysis of crime data reveals.

It comes as the country’s peak anti-gun lobby, Gun Control Australia, fears the orders are being overused for “matters that have nothing to do with firearms”.

The draconian laws allow police to stop and search someone served with a FPO, their car or even a house they are visiting at any time, anywhere and as often as they like without a warrant.

Police do not even have to form a reasonable suspicion before detaining and searching someone with a FPO.

Police do not need to form a suspicion to search someone’s home if they have been served with a FPO. Picture: NSW Police
Police do not need to form a suspicion to search someone’s home if they have been served with a FPO. Picture: NSW Police

The virtually unfettered powers were introduced in November 2013 to stem the scourge of drive-by shootings in Sydney’s south west but analysis of recent Bureau of Crime Statistics and Research (BOCSAR) data shows they have had little impact on gun crime.

Besides Sydney’s south west, where the majority of FPOs have been issued, there also appears to be very little consistency between an area’s population, local crime rates and the number of FPOs issued in a certain police command or district.

It raises serious questions about whether they are being overused in some areas simply as a convenient means of keeping troublemakers on a short leash.

The orders were brought in to curb the number of drive-by shootings in Sydney’s south west. Picture: John Grainger
The orders were brought in to curb the number of drive-by shootings in Sydney’s south west. Picture: John Grainger

Police do not need a court’s permission to issue a FPO, nor does someone need to have previous firearms or any other offences to be slapped with one and there is no direct avenue of appeal or right of review.

Before the FPO legislation was beefed up, bikies and criminal gangs were lighting up Sydney’s south west where there were 86 drive-by shootings into homes and businesses between July 2011 and June 2012, with a further 87 unlawfully discharged firearms in public.

The window of a house shot up in the Hills District. Picture: Bill Hearne
The window of a house shot up in the Hills District. Picture: Bill Hearne

After 250 FPOs were issued in 2014 the number of drive-bys dropped to 50 in the 12 months to June 2015 and 38 shootings the following year after the number of FPOs issued jumped to 520.

Today, according to figures obtained under freedom of information, there are a staggering 3914 FPOs issued across the state — an increase of 652 per cent in three years — despite drive-by shootings remaining stable over the past five years.

Gun Control Australia president Samantha Lee said firearm crime was a serious issue and preventing such crime was complex and required well-informed, strategic police work and policy development.

Ms Lee said tackling gun crime required strategic police work, not just blanket orders.
Ms Lee said tackling gun crime required strategic police work, not just blanket orders.

“The fact FPOs provide police with powers way beyond your general warrant and don’t require court approval, meant such orders were always going to be susceptible to being over used and used for matters that have nothing to do with firearms,” Ms Lee said.

“There is no real evidence to suggest that FPOs are helping to prevent gun crime and may be providing the community with a false sense of security. It is time the government looked at other strategies to prevent gun crime — like preventing hundreds of firearms being stolen each year in NSW.”

Gun Control Australia president Samantha Lee at an anti-gun rally in the Waratah Room of NSW Parliament House
Gun Control Australia president Samantha Lee at an anti-gun rally in the Waratah Room of NSW Parliament House

Brisbane Water ranked tenth in NSW with 104 FPOs with Tuggerah Lakes slipping into the top 20 with 79.

Combined the Central Coast ranks third with 183 FPOs behind the 235 people who have either moved interstate, overseas or have no fixed abode and Bankstown with 188.

According to BOCSAR data Bankstown’s rate of prohibited and regulated weapons offences per 100,000 population is 115.1 — well below the overall NSW rate of 171.9.

Similarly the Central Coast has a rate of 159.6 for these offences, which could indicate FPOs are driving down gun-related crime.

A forensic officer picks up a bullet casing after a drive-by shooting.
A forensic officer picks up a bullet casing after a drive-by shooting.

However Campbelltown (ranked seventh) has 142 FPOs and a prohibited and regulated weapons rate of 183.4 while Nepean (ranked eight) with 121 FPOs has a rate of 234.9, which could indicate dishing out FPOs like candy was having no impact on gun crime.

The data is even more erroneous for robbery with firearm offences where the rate on the Central Coast per 100,000 population was 1.8 — just shy of the overall NSW rate of 1.9.

However Auburn, ranked fourth with 172 FPOs, had a rate of 4.7 — more than double the state average — while the Sutherland Shire, which had very few FPOs at just 28, also had very few robberies with a firearm.

In fact BOSCAR data shows Sutherland Shire had just one robbery with a firearm in the past two years.

Police pulled over and served Kings Cross identity John Ibriham with a firearm prohibition order earlier this year. Picture: John Grainger
Police pulled over and served Kings Cross identity John Ibriham with a firearm prohibition order earlier this year. Picture: John Grainger

NUMBER OF FPOs ISSUED IN EACH POLICE COMMAND

1/. Unknown* 235

2/. Bankstown 188

3/. Liverpool City 174

4/. Auburn 172

5/. Fairfield City 161

6/. Cumberland 158

7/. Campbelltown 142

8/. Nepean (Penrith) 121

9/. Port Stephens-Hunter 105

10/. Brisbane Water 104

11/. Newcastle City 101

12/. Hunter Valley 99

12/. Orana Mid Western 99

14/. Lake Macquarie 90

15/. Mid North Coast 85

15/. Mt Druitt 85

17/. Lake Illawarra 81

18/. Tuggerah Lakes 79

19/. St George 78

20/. Quakers Hill 74

20/. Riverina 74

22/. Wollongong 73

23/. Chifley 72

24/. Campsie 68

25/. South Coast 65

26/. Camden 60

27/. Eastern Beaches 59

28/. Oxley 57

29/. The Hume 55

30/. New England 52

31/. Manning Great Lakes 50

32/. Burwood 49

33/. Blacktown 45

34/. Murray River 44

35/. Murrumbidgee 40

36/. No address recorded 38

36/. The Hume 38

38/. Central West 34

39/. Richmond 33

40/. Leichhardt 32

40/. Tweed/Byron 32

40/. Central North 32

43/. Redfern 29

43/. Coffs/Clarence 29

45/. Sutherland Shire 28

45/. Parramatta 28

47/. Hawkesbury 27

48/. Northern Beaches 26

49/. Inner West 25

50/. Botany Bay 24

51/. Monaro 23

52/. Ryde 21

53/. Blue Mountains 19

53/. Kings Cross 19

55/. Sydney City 17

56/. Barrier 16

57/. Kuring Gai 15

58/. North Shore 14

59/. Eastern Suburbs 12

60/. Surry Hills 9

61/. Marine Area Command 1

* Unknown: refers to people issued a FPO that have moved interstate, overseas or have no fixed abode.

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Original URL: https://www.dailytelegraph.com.au/newslocal/central-coast/firearm-prohibition-orders-soar-but-gun-crime-remains-stable/news-story/7b0fe9a150a3a57de4d20fe9aed5521c