Victoria Police wait on firearm prohibition order test case before expanding gun crackdown
A legal challenge by a former Rebels bikie president is holding up Victoria Police plans to ramp up their use of strict new gun bans after a spate of deadly shootings across Melbourne.
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Police are preparing to ramp up their use of strict new gun bans after a spate of deadly shootings across Melbourne.
But a legal challenge to the Firearm Prohibition Orders by a former bikie gang boss looms as a crucial test case before more orders are slapped on organised crime figures.
About 170 orders have been issued since the laws came into force a year ago, giving police the power to search those individuals — and their homes and vehicles — without a warrant.
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The Sunday Herald Sun can reveal that if the legal challenge by former Rebels president Colin Websdale fails, police are planning to launch a series of operations to search and disrupt those subjected to the orders.
So far, the gun bans have been handed out by the force’s crime command, but work is under way to give local police the power to slap orders on individuals they fear are a danger to the community.
Five people were shot dead in March, the deadliest month for shootings in a decade, and two people were killed when the Love Machine nightclub was sprayed with bullets last weekend.
The second victim, 28-year-old Richard Arow, died in hospital yesterday. Friends described him as “one of the nicest and happiest guys”.
The avid soccer fan played for Brimbank Stallions FC. Club director Mario Vallese said the death of the “well-respected and much-loved team member” was a tragedy.
“He had such a big smile and an infectious character — it’s very sad what has happened,” Mr Vallese said. The first Love Machine victim was club doorman Aaron Khalid Osmani, 37, who died at the scene.
It is understood Victoria Police is not necessarily seeking new laws to crack down on the shocking wave of gun crime. Instead, senior officers are closely watching Websdale’s case before the Victorian Civil and Administrative Tribunal.
Police believe a positive outcome would give them legal backing to expand their use of the orders, which aim to ban gun ownership by individuals who cannot otherwise be banned due to clean criminal records. If someone is served with an order, they must immediately surrender any guns in their possession. There is a 10-year penalty for anyone on an order who is caught acquiring, possessing, carrying or using a gun or ammunition.
Websdale told VCAT this month his order should be lifted because he was a “law-abiding citizen … too busy working hard” to spend time with his bikie club mates.
But police warned he was still a powerful figure in the Rebels.