Firearms Legislation
Current Western Australia (WA) legislation requires the registration of persons and licensing of firearms. Strict controls on the possession, use and responsible storage of firearms have been implemented in an effort to ensure public and individual safety.
WA firearms laws are provided in the Firearms Act 1973 and the Firearms Regulations 1974.
Objectives of the Firearms Act 1973
The Firearms Act 1973 controls and regulates firearms and ammunition, the licensing of persons possessing, using, dealing with and manufacturing firearms and ammunition.
Many objectives of the Firearms Act 1973 were derived from resolutions by the then Australasian Police Ministers' Council following the Port Arthur tragedy in 1996.
These resolutions seek to implement legislation that:
- prohibits semi-automatic and military style weapons;
- establishes a national scheme for registering all firearms;
- requires a person to demonstrate a genuine reason and genuine need to possess or use a firearm before a licence may be issued to that person;
- creates uniform licensing requirements across all states and territories of Australia;
- makes training a prerequisite for obtaining a firearm licence;
- creates common grounds for the refusal or revocation of a licence;
- requires a licensee to obtain approval prior to acquiring any firearm;
- introduces uniform standards for the secure storage of firearms;
- restricts mail order purchases of firearms unless through dealers.
Achieving Objectives of the Act
The objectives are achieved by a licensing scheme based on a range of licence types and firearm categories.
An authorised police officer has authority to issue a person, one or more of a range of licence types. The licence may be endorsed with one or more categories of firearms. While the Regulations provide specific licence conditions, the authorised officer also has the discretion to impose a range of conditions on the licence should there be a need.
The Firearms Regulation 1974 that accompanies the Firearms Act 1973 outlines limitations on the eligibility of persons being issued a particular licence and supplements the conditions under which a licence will be issued. For information about firearm categories see Schedule 3 of the Firearms Regulations 1974.
What is a firearm under WA legislation?
The Firearms Act 1973 defines a firearm as:
any lethal firearm and any other weapon of any description from which any shot, bullet, or other missile can be discharged or propelled or which, by any alteration in the construction or fabric thereof, can be made capable of discharging or propelling any shot, bullet or other missile, but does not include anything that is prescribed in regulations under the Weapons Act 1999 to be a prohibited weapon or a controlled weapon.
Handgun means any lethal firearm and any other weapon of any length of barrel:
- which is reasonably capable of being carried or concealed about the person;
- which when used can be aimed and fired or discharged from one hand; and
- from which any shot, bullet, or other missile can be discharged or propelled, or which, by any alteration in the construction or fabric thereof can be made capable of discharging or propelling any shot, bullet or other missile;
Any person wishing to possess and use firearms in Western Australia must first hold an appropriate and valid WA Firearm Licence or permit.
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