A Dapto man and member of the Fourth Reich bikie club has beaten criminal charges alleging he violated weapons and firearms prohibition orders after police found knuckle dusters, an extendable baton and a gun magazine at his home.
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Officers attached to Strike Force Raptor, the NSW Police's elite anti-gang squad, arrived at David Garlick's Emerson Road home at 7am on June 13 this year armed with two orders signed by the NSW Police Commissioner that formally prohibited him from possessing firearms or prohibited weapons.
Such orders are made under the NSW Firearms Act if the Commissioner is of the opinion the person is not fit to have possession of a gun or weapon.
The legislation states the orders, known as FPOs and WPOs, take effect "when a police officer serves a copy of the order personally on the person against whom it is made".
However, Garlick's legal team fronted Wollongong Local Court on Wednesday where they successfully argued their client shouldn't be deemed to have violated the orders when they had only been served on him moments before the items were found.
Court documents said Garlick was served with the orders by police then asked if there was anything he wanted to declare before a search of his property began.
Garlick replied "no", and police started their search.
They found a set of knuckle dusters in Garlick's bedroom, which he admitted were his when questioned.
"You know it's an offence to have them?" police asked Garlick, to which he responded "I do now".
Officers then found an extendable baton in the bedside table, a gun magazine and another set of knuckle dusters.
Regarding the dusters, Garlick told police "they're 50 million years' old....things I've kept from being a kid. I made them when I was an apprentice".
When asked why he hadn't declared the items, he said "I forgot about it, bro".
Officers also discovered 5 grams of cannabis inside the house, which Garlick said was for personal use.
In court on Wednesday, Magistrate Roger Clisdell found Garlick not guilty of violating the prohibition orders and Garlick subsequently entered guilty pleas to the weapon possession charges. He was fined $950 in total and placed on a 12-month bond.