The Firearms Bill 2024 (WA) – Crime

The ‘safety’ is permanently on.

On 21 February 2024, the Firearms Bill 2024 (Bill) was released
to the Legislative Assembly and on 21 March 2024, the Bill was
introduced to the Legislative Council.

As of the date of this article, it is likely it will pass
through unopposed.

So what does this mean for firearm licence holders?

Changes to Licence

Current licence holders will continue to hold licences on an
interim basis. Such licences will be considered a transitional
authority: section 411 of the Bill.

The Bill will implement the categorization of 8 different
licences depending on the proposed use of the firearms, such
categories including:

1. Individual Licence (for hunting, competition, and target
   shooting);




2. Business Licence;




3. Primary Producer Licence;




4. Collector Licence;




5. Club Licence;




6. Range Licence;




7. Trade Licence; and




8. Government Entity Licence.

The Commissioner of Police may cancel the transitional authority
if of the opinion that the transitional authority does not
correlate to any of the licences which the Bill will establish:
section 412 of the Bill.

If the Bill passes in its current form, all licence holders will
most likely receive a direction from the Commissioner of Police to
comply with any firearm authority requirement the Commissioner
considers necessary: section 413 of the Bill.

For all future licences and likely any renewals, as foreshadowed
in our article of 25 January 2024 ‘too late to pull the trigger’, such
applications will be subject to:

1. Providing further information relating to the genuine reason
   for licence: section 21 of the Bill;




2. Information relating to the applicant’s health standards
   and require the person to be subject to medical examinations:
   section 148 of the Bill; and




3. Further consideration of any application by the commissioner
   who may take into account:
   

   1. The person’s conduct and behaviour;

   
   

   2. The person’s physical and mental health;

   
   

   3. The person’s views, opinions and attitudes;

   
   

   4. The person’s way of living or domestic circumstances;

   
   

   5. Whether the person is of good repute, having regard to the
      person’s character, honesty and integrity;

   
   

   6. Their criminal records; and

   
   

   7. The person’s associates: section 150 and 151 of the
      Bill.

Property Letters

Under the Individual – Hunting licence, the Hunting
Licence authorises the licensee to use a firearm to which the
licence applies for the purposes of lawfully hunting on land which
the licensee has approval, similar to current legislated
requirements: section 36 of the Bill.

The land from which the licensee has approval to go hunting on
must have been approved by the Commissioner of Police for that
purpose: section 37 of the Bill.

The Commissioner of Police must not approve the land unless he
is satisfied that:

1. The land is located in Western Australia;




2. The licensee has permission to engage in hunting as per their
   licence; and




3. The land is suitable for the use of the particular
   firearm.

For land to be approved by the Commissioner of Police, the
authorized person (owner or as otherwise defined) must seek
approval from the Commissioner of Police.

Approval for a licensee must obtain approval from the authorized
person in writing: section 39(2). Such permission may be
revoked:

1. In writing from the authorized person at any time: section
   39(3) of the Bill; and




2. As per any further terms as set out in the regulations.

It is not clear whether current ‘property letters’ will
suffice and in this regard it is likely that the current content of
the property letters will not comply with the proposed legislative
requirements.

Education

Pursuant to the Bill, no longer is there any scope for the
‘friendly’ education of the use of firearms.

A person must not use a firearm unless that person is authorised
to do so by a licence or permit and such use is unlawful with such
use attracting either a 7-year imprisonment term or 3-year
imprisonment term and a fine of $36,000: section 217 and 218 of the
Bill.

Further, if a licensee provides a firearm to an unsuitable
person (including someone not capable for any reason of the safe
use of a firearm) then that licensee also attracts a penalty of
either a 7-year imprisonment term or 3-year imprisonment term and a
fine of $36,000: section 295 of the Bill.

The Bill also seeks to prohibit the use of firearms by anyone
under the age of 12 years: section 158 of the Bill. It is likely
that any education of anyone under the age of 12 will attract
penalties and fines similar to those contained within section 295
of the Bill.

Previously, it would be difficult to establish liability under
these particular provisions, however under the Bill, liability may
be slightly easier to establish. Please see below the information
as follows.

Prohibition Orders

The Commissioner may make a prohibition order if the
Commissioner is satisfied:

1. The person is not a fit and proper person; or




2. Possession would likely result in an unlawful use; or




3. The person is a member of a disqualifying organisation; or




4. It is otherwise in the public interest.

This is indeed a large scope in which the Commissioner has to
determine whether or not a prohibition order may be made.

In the event a prohibition order is granted against a licensee,
it is a crime if the person with whom a prohibition order is
granted against enters or remains at:

1. A place where a firearm, major firearm part, prohibited
   accessory, or ammunition is sold, repaired, or manufactured;
   or




2. A licensed firearm range; or




3. A firearm trade premises: section 327 of the Bill.

Further, it is a crime if the person with whom a prohibition
order is granted against is in the company of a person in
possession of a firearm, major firearm part, or ammunition, with
such a crime incurring a penalty of 7 years imprisonment: section
328 of the Bill.

Information Reporting

The Bill also includes provisions for licensees to provide
information to the Commissioner of Police concerning other license
holders in respect of that person’s:

1. Fitness in holding a licence;




2. Physical, mental, or emotional condition which is not in the
   interest or public interest for that person to have access to a
   firearm; and




3. Any injury which has been sustained as a result of the use of a
   firearm: section 372 of the Bill.

Firearm Clubs are also required to report on new members, the
refusal of any applicants, and the cessation of any members from
the club: section 373 of the Bill.

Similarly, firearm collector societies are imposed with similar
reporting requirements.

In the event any person reports any concerns relating to a
licensee as per the above, they are provided anonymity in reporting
this information and in most circumstances indemnity from any
liability or breach of confidentiality: section 376 and 377 of the
Bill.

Should the identity of the person be disclosed, any such person
who breaches this section will incur a 2-year imprisonment term and
a $24,000 fine.

The significance of these sections is that it ultimately means
there is a significant risk that anonymous unfounded reports may be
made and the identity of those people hidden, even if such
accusations are false. There may not be any means of discovering
who makes these reports as such disclosure may incur any
‘whistleblower’ a prison sentence and a significant
fine.

Further, if the Commissioner of Police relies on this
information and such information is proven to be false, such a
decision (say in circumstances of domestic violence and ultimately
a restraining order where firearms are confiscated) is not rendered
invalid nor annulled. It stays in force: section 378 of the
Bill.

The Regulations

It is anticipated the Firearms Regulations 1974 will be
repealed.

The Bill proposed that the regulations will contemplate:

1. The restrictions on the grant of firearm authority: section 142
   of the Bill;




2. Restrictions on the renewal of a firearm authority: section 184
   of the Bill;




3. Offences and exceptions to offences under the Bill: section 292
   of the Bill;




4. Storage of firearms: section 310 of the Bill; and




5. Transition between the current legislation and the Bill:
   section 402 of the Bill.

However, a significant concern for all current and future
firearm owners is the foreshadowed amended regulations are yet to
be released.

In summary, there are many pitfalls and minefields throughout
the Bill and as such, any new or existing firearm licence holder
should seek advice as to whether they will either be able to keep
their current firearm or meet the requirement to obtain a firearm
authority under the proposed new laws.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.