Former Neo-Nazi Group Member Fights to Regain Firearms Licence in Queensland Tribunal
A former member of the Australian neo-Nazi organisation, the National Socialist Network, is appealing a police decision to revoke his weapons licence, claiming it violates his constitutional right to freedom of political communication. The case, heard by the Queensland Civil and Administrative Tribunal, centres on Joshua Ryan Hoath, a 27-year-old who argues that his political views should not have been a factor in the licence cancellation.
Police Raid Uncovers Arsenal and Controversial Items
In March 2024, authorities conducted a search of Hoath's property, leading to the discovery of 16 firearms along with ammunition. During the tribunal proceedings, it was revealed that police also found "a number of items of interest", including two copies of Adolf Hitler's Mein Kampf displayed on a bookshelf alongside other fascist publications. Photographs submitted as evidence showed an A4-sized framed picture of Hoath being embraced by Gabriel Seymour, identified as the Queensland leader of the NSN, placed on his bedside table.
Hoath's Involvement with Extremist Groups
Hoath admitted to being a member of the now-disbanded National Socialist Network for approximately 18 months, attending several demonstrations before April 2024. He stated that he joined the group primarily for social and fitness activities, as well as the travel opportunities it offered. The tribunal heard that Hoath had participated in various marches and protest-type events, including one in Ipswich following the killing of Vyleen White. After this event, police identified him as a member of another white supremacist group, the European Australian Movement, which prompted the weapons search.
Constitutional and Legal Arguments Presented
Hoath's appeal is grounded in several assertions, notably that his implied right to freedom of political communication, as recognised under the Australian Constitution and High Court case law, has been infringed. He contends that this right extends to all matters of public affairs and political discussion, and is essential to the system of representative government. Additionally, he references the International Covenant on Civil and Political Rights to support his claims to freedom of assembly and association.
Due to the constitutional implications of Hoath's application, the tribunal has adjourned the matter to allow federal and state attorneys general to be notified, as they may choose to intervene and provide submissions on these legal issues.
Background and Police Decision
Following the raid, Queensland police revoked Hoath's firearms licence, determining that he did not meet the "fit and proper person" test required by state law. Hoath's criminal history includes only one incident: a $400 on-the-spot fine issued in New South Wales during an Australia Day protest march in 2024, which he described as related to interfering with the comfort or safety of others. The tribunal also noted that Hoath had framed pictures of media articles about neo-Nazi events, one marked with the number "14", a common reference in white supremacist slogans.
This case emerges against the backdrop of Australia's stringent gun control laws, strengthened since the Port Arthur massacre, highlighting ongoing debates over firearms regulation and individual rights.
