Tasmanian Police Face Scrutiny Over 'Sovereign Citizen' Gun Licence Suspensions

One of Tasmania's most senior cops sought the contrition of a subordinate after they asked suspected sovereign citizens to prove they were "fit and proper" gun owners.

Documents released through the state's right to information (RTI) system show police asked some Tasmanians to confirm or deny in writing if they aligned with sovereign citizen ideology.

Police then visited some of the Tasmanian firearm licence holders and a "small number" of licences were "temporarily suspended".

This prompted an internal review, and Assistant Commissioner Doug Oosterloo to point out an increased risk to officers if they visit the property of a suspected sovereign citizen who believes police may be coming to take their guns.

The assistant commissioner's intervention was welcomed by the police association and the Australian Lawyers' Alliance, who warned of potential "authoritarian" overreach if groups of people with shared ideologies are targeted.

At least four letters sent to suspected sovereign citizens

Sovereign citizen ideology contains a broad swathe of beliefs, but in a 2023 briefing the Australian Federal Police said they traditionally "dissociate from society and refuse to engage with societal requirements like paying tax".

The briefing said "the movement itself is generally claimed to be non-violent", but that some members "can be hostile" and should not be considered non-dangerous.

The RTI documents released contain three letters sent in November last year to existing firearms licence holders and one to a firearms licence applicant from a Firearms Services (FAS) team member.

The four letters were contained within 16 pages of otherwise entirely redacted documents.

The letters said the team was "required to take into account the ability of a licence holder to exercise reasonable and responsible control over a firearm".

"Information available to this office suggests you may align with sovereign citizen ideology", the letters said, and requested a written response to that suggestion.

Once received, the letter said, further consideration would be given to the application for, or retention of, a firearms licence.

In a statement, Tasmania Police confirmed some firearms licence holders were visited, and "a small number of firearms licences were temporarily suspended … where there were credible safety concerns."

"Under the Firearms Act 1996, anyone who holds a firearms licence must be able to satisfy Tasmania Police that they are a 'fit and proper' person, can safely and responsibly control a firearm, and do not pose a risk to themselves or others," they said.

Oosterloo intervened, police changed approach

A few months later, Assistant Commissioner Oosterloo sought a briefing from Firearms Services on "what has occurred … relative to the 'sovereign citizen' letters".

In an email published in the RTI documents, he asked, among others, the following questions:

On what basis were [individuals] identified as 'sovereign citizens'?

What is the specific legislative authority for suspending a firearms licence on the basis of the person being considered a 'sovereign citizen'? and

Did FAS consult or seek advice on issues relating to 'sovereign citizens' before taking action?

In the email, Assistant Commissioner Oosterloo also pointed out the letters may create a dangerous situation for any officers visiting suspected sovereign citizens' properties.

"Police attendance at the address may be perceived to be an action to take their firearms and therefore increases risk to police officers," he said.

He went on to ask for a detailed reflection about what mistakes had been made, what lessons had been learned, and what action was being taken or was needed.

Since his intervention, letters have not been sent to suspected sovereign citizens and police have introduced mandatory training "to help officers identify relevant behaviours".

"Each case is now assessed individually, with input from police officers and intelligence analysts, and any action is taken after considering operational risks," police said in a statement.

Changes to process welcomed by officers, lawyers alliance

Police Association President Shane Tilley said it was appropriate the FAS letters program had been shut down, and welcomed the mandatory training.

"When you … write to people with these ideologies you really are setting yourself up to fail, in my view," he said.

He said police risk assessments had improved in recent years in the wake of the killing of Victorian police officers by suspected sovereign citizen Dezi Freeman and the murder of Tasmanian Police Constable Keith Smith.

Australian Lawyers' Alliance spokesman Greg Barns SC said some sovereign citizens had come to the attention of police in the past, but that did not mean all sovereign citizens were going to use firearms illegally.

"It's got an authoritarian element to it and … I think it's a dangerous practice because it sets a precedent," he said.

Mr Barns said, for example, it would be problematic if police began writing letters to members of protest groups for environmental causes.