Western Australian Current Acts Western Australian Current Acts (1) A person who
permits possession of any firearm, major firearm part or ammunition to be
taken by another person where there are reasonable grounds for believing that
the person knows, or ought to know, that the other person is affected by
alcohol or drugs, or alcohol and drugs, or that the other person is of unsound
mind, commits an offence.
Penalty for this subsection: imprisonment for 18
months or a fine of $6 000.
(2) A person who uses,
carries or is otherwise in actual physical possession of a firearm whilst
affected by alcohol or drugs, or alcohol and drugs, commits an offence.
Penalty for this subsection:
(a) if
the firearm is loaded, imprisonment for 2 years or a fine of $8 000;
(b)
otherwise, imprisonment for 18 months or a fine of $6 000.
(3) Unless the person
holds a licence or permit under this Act entitling the person to do so or
section 8 applies, a person who carries or uses a firearm or major firearm
part commits a crime and is liable —
(a) if
the firearm concerned was a handgun or prohibited firearm, on conviction, to
imprisonment for 7 years; or
(ab) if
the major firearm part concerned relates to a handgun or prohibited firearm,
on conviction, to imprisonment for 7 years; or
(b)
otherwise, to imprisonment for 4 years or a fine of $16 000.
Summary conviction penalty for this subsection:
(a) in a
case to which paragraph (a) or (ab) applies, imprisonment for 3 years or a
fine of $12 000;
(b) in a
case to which paragraph (b) applies, imprisonment for 2 years or a fine of $8
000.
[(4) deleted]
(5) A person who,
without lawful excuse, —
(a)
defaces or alters any number or identification mark on a firearm or major
firearm part; or
(b) is
in possession of a firearm or major firearm part whereon any number or
identification mark, whether or not a number or mark recorded on the licence
or permit relating thereto, has been altered or defaced; or
(c)
alters a firearm or major firearm part —
(i)
from the design or characteristics of its original
manufacture; or
(ii)
so that its calibre, character or kind differs from what
it was when any current licence or permit relating to it was issued,
or is in possession of
a firearm or major firearm part that has been so altered,
commits a crime and is
liable —
(d) if
the firearm concerned was a handgun or was modified in a prescribed manner, on
conviction, to imprisonment for 7 years; or
(da) if
the major firearm part concerned relates to a handgun or was modified in a
prescribed manner, on conviction, to imprisonment for 7 years; or
(e)
otherwise, on conviction to imprisonment for 4 years or a fine of $16 000.
Summary conviction penalty for this subsection:
(a) in a
case to which paragraph (d) or (da) applies, imprisonment for 3 years or a
fine of $12 000;
(b) in a
case to which paragraph (e) applies, imprisonment for 2 years or a fine of $8
000.
(5a) Subsection (5)(c)
does not apply to a paintball gun where the alteration is in accordance with
the manufacturer’s design and is effected by the addition of a
commercially produced product that does not alter the type or velocity of a
projectile fired from the gun.
(6) Subject to
subsection (7A), a person who uses a sound suppressor commits an offence.
Penalty for this subsection: imprisonment for 7
years.
(7) Subject to
subsection (7A), (7B) and (7C), a person who is in possession of a sound
suppressor commits an offence.
Penalty for this subsection: imprisonment for 3
years or a fine of $12 000.
(7A) A person does not
commit an offence under subsection (6) or (7) if the person uses or is in
possession of (as the case requires) a sound suppressor —
(a) in
accordance with an authority which is in force under section 17B; or
(b) in
the course of the performance of the person’s duties as a member of the
Police Force or an employee of the Department; or
(c) in
the course of the performance of the person’s duties as a member of the
armed forces of the Crown or a member of any other disciplined force specified
by the Governor for the purposes of this paragraph by notice in the Gazette .
(7B) A person does not
commit an offence under subsection (7) if the person —
(a) is a
responsible person (as defined in section 33A(3)(b)) or an approved person (as
defined in section 33A(3)(c)); and
(b) is
in possession of a sound suppressor surrendered under section 33A(1)(b) in
accordance with an approval given by the Commissioner under section 33A(2).
(7C) A person does not
commit an offence under subsection (7) if —
(a) the
person is in possession of a sound suppressor in a place or vehicle solely by
reason of section 4A(d) or (e); and
(b) the
sound suppressor is in the lawful possession of another person at that time.
(8) Except as provided
in subsection (8a), a person who, without lawful excuse, points a firearm at
any other person commits an offence.
Penalty for this subsection: imprisonment for 3
years or a fine of $12 000.
(8a) A player of a
paintball game being conducted in accordance with a licence under this Act
does not commit an offence under subsection (8) if the person points a
paintball gun, named and identified in that licence, at another person while
playing the game.
(9) A person commits
an offence if the person —
(a)
whilst carrying, or in actual physical possession of, or having the custody or
control otherwise than by way of storage of, any firearm, major firearm part
or ammunition, fails or omits to take all reasonable precautions to ensure its
safe keeping; or
(b)
having failed or omitted to take all reasonable precautions to prevent the
same, permits a young person under the age of 18 years to have unlawful
possession of a firearm or major firearm part; or
(c)
without lawful excuse, discharges any firearm or any shot, bullet, missile or
other projectile from a firearm, onto, from or across any road; or
(d)
being responsible for the storage of any firearm, major firearm part or
ammunition, fails —
(i)
to provide and use adequate storage facilities to ensure
its safety; or
(ii)
where prescribed requirements as to security are
specified in relation to a firearm, major firearm part or ammunition of a
prescribed kind, to ensure that those requirements are observed; or
(iii)
otherwise, to safeguard it from loss or improper use;
or
(e)
being responsible for the storage of any firearm, major firearm part or
ammunition, refuses to permit a member of the Police Force to inspect the
storage facilities provided, at a reasonable time.
Penalty for this subsection:
(a) for
a first offence, a fine of $2 000;
(b) for
a subsequent offence, imprisonment for 12 months or a fine of $4 000.
(9A) A person commits
a crime if the person discharges from any place a firearm, or any shot,
bullet, missile or other projectile from a firearm, to the danger of, or in a
manner to cause fear to, the public or any person.
Penalty for this subsection: imprisonment for 7
years.
Summary conviction penalty for this subsection:
imprisonment for 3 years and a fine of $36 000.
(10) A person who,
without reasonable excuse, uses a firearm on land belonging to another person
without the express or implied consent of the owner or occupier of that land
or some person apparently authorised to act on behalf of the owner or
occupier, commits an offence.
Penalty for this subsection: a fine of $2 000.
(10a) A person who,
without reasonable excuse, carries a firearm or major firearm part, other than
on a road open to the public, onto or across land that is used for or in
connection with primary production without the express or implied consent of
the owner or occupier of that land or some person apparently authorised to act
on behalf of the owner or occupier, commits an offence.
Penalty for this subsection: a fine of $2 000.
(11A) For the purposes
of subsections (10) and (10a), the fact that a person uses or carries a
firearm or major firearm part for the purposes of an activity authorised under
the Biodiversity Conservation Act 2016 is not a reasonable excuse.
(11) A person who by
act or omission commits any breach of the provisions of this Act for which no
penalty is specifically provided commits an offence.
Penalty for this subsection: a fine of $2 000.
(12) A person must not
admit a minor under the age of 16 years to attend a venue where paintball is
played unless the minor is accompanied by their parent or guardian.
Penalty for this subsection: a fine of $1 000.
(13) It is a defence
to a charge of an offence against subsection (12) for the person charged to
prove that —
(a) the
person charged or that person’s employee or agent took all reasonable
steps to ensure that a minor was not present in contravention of subsection
(12); or
(b) the
person charged or that person’s employee or agent believed on reasonable
grounds that the minor was 16 years of age or older; or
(c) the
person charged or that person’s employee or agent believed on reasonable
grounds that the person accompanying the minor was the minor’s parent or
guardian.
[Section 23 amended: No. 54 of 1978 s. 3; No. 3 of
1983 s. 3; No. 70 of 1987 s. 8; No. 59 of 1996 s. 25, 48 and 50(1), (3), (4)
and (5); No. 50 of 2003 s. 62(3); No. 4 of 2004 s. 58; No. 69 of 2004 s. 7,
8(3), 22 and 31; No. 24 of 2016 s. 316; No. 13 of 2022 s. 42(8); No. 13 of
2022 s. 42, 65 and 66.]
[Heading inserted: No. 13 of 2022 s. 43.]