From the full document (that you can download at the end of the post) I have summarised The following key points:
If the Police come and knock on your door.
Record the conversation (for your own notes and records).
If you are a firearms licence holder – standard.
The police cannot enter your home uninvited to inspect your firearms or gun safe unless they have reasonable belief an offence has been committed. This requires a degree of evidence to support it.
- At no time can the police photograph your firearms.
- At no time can they record the serial numbers of your standard firearms.
- There is no requirement for the police to examine your security at any time; it is up to you to comply with the requirements.
- You need to produce your firearms licence on demand, but you have 7 days to do this if it cannot be located immediately (s 26 2 of the Arms Act 1983).
If you are an endorsed firearms licence holder
The police can knock on your door at a reasonable time and ask to see individual firearms that you hold as an endorsed person only (ie. not your standard firearms).
The police can enter at all reasonable times to inspect your safe and security. 5 am in the morning is not a reasonable time. For example, if you have a sick child or guests asleep in the room where the firearms are stored it is therefore not a reasonable time for you as the homeowner. Politely ask them to come back later or set a time with them for another day.
However, if it is a reasonable time you must allow them to inspect your endorsed firearms (pistols, restricted weapons, prohibited firearms or prohibited magazines) and your safe(s) and security.
It is an offence to refuse to produce a pistol, prohibited firearm or restricted weapon to the police on demand, or to refuse their request to inspect it and the security for it but this demand to inspect or produce is must be a reasonable time to the home owner, and only if you are actually in possession of the items they are requesting at the time of their demand.
You must produce your firearms licence on demand by the police. You have 7 days to comply with this demand if it cannot be immediately located.
If the Police enter your home via a search warrant, or under the Search and Surveillance Act warrantless search, or Arms Act provisions for search.
Do not answer any questions and say “no comment thank you”, “ I do not wish to make any statement or answer any of your questions”. You have a right to silence. If you are detained lawfully by the police you must give your name, address and date of birth, but nothing else. There is no such thing as “off the record”.
The Police ask you to attend the police station and/or come to your home and wish you to answer questions, eg. your name is on a “list” of people to be spoken to etc.
- Get the name and QID number (collar tag) of the officer. Ask for identification.
- Ask – “Under which statutory authority are you requiring me to answer these questions?”
- Politely and calmly refuse to answer any questions and … Ask them to leave your property immediately
- Call a lawyer who can advise or assist you with Official Information Act requests concerning the reasons for their visit and IPCA complaints if appropriate.
- Record the conversations (for you own notes and records).
For the full and unabridged document from COLFO you can download and then print the document below.
