Neo-Nazi Affiliation and Weapons Licence Revocation: Hoath Appeals on Constitutional Grounds

Joshua Ryan Hoath, 27, a former member of the National Socialist Network (NSN), is appealing the revocation of his weapons licence by Queensland police.

Hoath argues that the decision infringes upon his implied right to freedom of political communication.

Background to the Appeal

The Queensland civil and administrative tribunal is hearing Hoath's application for reinstatement. He asserts that his political views, activities, or communications should not have been a factor in the police decision.

Hoath was a member of the now-disbanded NSN for approximately 18 months before April 2024 and participated in demonstrations.

He acknowledged the NSN as a neo-Nazi organization, stating he joined for its social aspect, fitness activities, and travel opportunities for group activities.

Police Investigation and Licence Revocation

In March 2024, police conducted a search of Hoath's property, where they located 16 firearms and associated ammunition. During the search, officers also found:

• Two copies of "Mein Kampf" on a bookshelf, alongside other publications identified as fascist.
• An A4-sized framed photograph on his bedside table depicting Hoath with Gabriel Seymour, identified as the Queensland leader of the NSN.
• Several other framed pictures of media articles concerning neo-Nazi events, one of which featured the number "14" in the corner, a known white supremacist slogan.

Hoath informed the tribunal that he attended various protest events, including one in Ipswich following the killing of Vyleen White. After this event, police identified Hoath as a member of another white supremacist group, the European Australian movement.

This identification led to the weapons search and the subsequent revocation of Hoath's firearms licence.

Police deemed him not to meet the "fit and proper person" test under Queensland law.

Hoath's criminal record includes a single $400 on-the-spot fine issued in New South Wales during an Australia Day protest march in 2024 for "wilfully interfere[ing] with comfort or safety of others."

Constitutional Arguments Lead to Adjournment

Hoath's appeal includes several assertions:

• He claims an implied right to freedom of political communication under the Australian Constitution and High Court case law.

• He asserts a right to freedom of assembly and association under the International Covenant on Civil and Political Rights.

• He argues his implied right to political communication, as an Australian citizen, covers all matters of public affairs and political discussion, being essential to Australia's system of representative and responsible government.

Due to the constitutional issues raised by Hoath's application, the tribunal has adjourned the matter. This adjournment allows federal and state attorneys general to be advised, as they may choose to intervene and provide submissions on the constitutional questions involved.