NSW Gun search powers to increase
Monday 16 September 2013 @ 10.11 a.m. | Crime
In a media release dated 15 September 2013 on the Premier's website, NSW police will be given increased stop and search powers for gun control, in particular for anyone who has been banned from owning guns, allowing officers to initiate a search without having to first obtain a search warrant.
New Gun Control Legislation
The legislation, slated to be introduced into parliament this week, will not only apply to the people on the banned list (currently fewer than 70 people who are not allowed to own guns) but will include their cars, bikie clubhouses and "criminal dens".
According to Premier Barry O'Farrell the changes will mean that officers can search people on the banned list without a warrant, including their cars and their premises for firearms even if there is no cause for suspicion.
Despite the small number of people in NSW currently subject to the firearm ban, the new laws will also make it easier to increase the number.
Other proposed changes include increasing jail term penalties from 10 to 14 years for possession or supply of illegal weapons to try and crack down on current gun crime in Sydney.
Reaction to the Proposed Laws
Police Minister Michael Gallacher says the laws will enable police to target known people.
"It will give police the ability to target people they know are involved. Currently police need reasonable cause to suspect...The existence of the banning order will be in itself the ability that police will need to pull them over, search their cars ... simply walk in the door."
Both civil libertarians and gun control activists are against the changes with the former claiming it erodes police accountability and the latter claiming, "the focus needs to be on is trying to reduce supply of firearms to the illegal market which is something both the Coalition and Labor have not focused on."
And both parties are concerned that once this level of accountability is removed for one level of the community, it may be quickly extended to other parts of the community.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
