Issue link: http://ssaansw.uberflip.com/i/1424981
42 A. When Police get called to a "domestic incident" they are empowered and obliged to make an enquiry as to whether there are any firearms at the premises. If so, they are empowered to seize those firearms and will advise they can be returned after 28 days if nothing arises out of their enquires; such as any charges being laid or any application for an Apprehended Domestic Violence Order (ADVO) being made. A new procedure has been introduced where the licence holder is handed a form from the Police explaining the process for the return of their firearms. It is my understanding it is the responsibility of the Commander of the local Police Area to authorise the return of firearms. Availability of police in facilitating the return may cause delays. Unfortunately, there are limited options available to resolve the delay in having the firearm/s returned after 28 days. The two options are to keep calling and/or writing to the local Police Commander so your matter is reviewed or, make an application to the Local Court for the return of the firearms in Police custody. This second option can be a costly exercise and does not guarantee the firearms will be returned in a timely manner as the court proceedings take time to be listed and resolved. This can be a frustrating process for many firearm licence holders. THE INFORMATION CONTAINED IN THIS ARTICLE IS GENERAL IN NATURE AND SHOULD NOT BE CONSIDERED LEGAL ADVICE. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal advice regarding all rearms and other Police related matters. Contact our office on (02) 9531 0322, Email info@mainstonelawyers.com.au or on our website mainstonelawyers.com.au Q. The Police came to my house and seized my firearms because my wife and I had an argument and a neighbour called the Police. They said I could get them back after 28 days, but two months later, I still don't have them. Could you please help? Ask Stephen Q&A with Stephen MainStone