Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
permits possession of any firearm or ammunition to be taken by another person
where there are reasonable grounds for believing that he 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: 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:
(a) if
the firearm is loaded, imprisonment for 2 years or a fine of $8 000;
or
(b)
otherwise, imprisonment for 18 months or a fine of $6 000.
(3) Unless he holds a
licence or permit under this Act entitling him to do so or section 8
applies, a person who carries or uses a firearm commits a crime and is
liable —
(a) if
the firearm concerned was a handgun or a prescribed 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:
(a) in a
case to which paragraph (a) 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;
(b) is
in possession of a firearm 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 —
(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 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
(e)
otherwise, on conviction to imprisonment for 4 years or a fine of
$16 000.
Summary conviction penalty:
(a) in a
case to which paragraph (d) 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 contrivance commonly known as a
silencer, or any contrivance of a similar nature, commits an offence.
Penalty: Imprisonment for 7 years.
(7) Subject to
subsection (7a), a person who is in possession of a contrivance commonly
known as a silencer, or any contrivance of a similar nature, commits an
offence.
Penalty: Imprisonment for 3 years or a fine
of $12 000.
(7a) A person who,
being —
(a) a
member of the Police Force or an employee of the Department acting in the
performance of his duties; or
(b) the
holder of an authority which is in force under section 17B,
uses or is in
possession of, as the case requires, a contrivance referred to in
subsection (6) or (7) does not commit an offence under that subsection.
(8) Except as provided
in subsection (8a), a person who, without lawful excuse, points a firearm
at any other person commits an offence.
Penalty: 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
who, —
(a)
whilst carrying, or in actual physical possession of, or having the custody or
control otherwise than by way of storage of, any firearm or ammunition, fails
or omits to take all reasonable precautions to ensure its safe keeping;
(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;
(c)
without lawful excuse, discharges any firearm or any shot, bullet or other
missile from a firearm, onto, from or across any road;
(d)
being responsible for the storage of any firearm or ammunition,
fails —
(i)
to provide and use adequate storage facilities to ensure
its safety;
(ii)
where prescribed requirements as to security are
specified in relation to a firearm 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 or ammunition, refuses to
permit a member of the Police Force to inspect the storage facilities
provided, at a reasonable time after such an inspection is requested in
writing by the member of the Police Force,
commits an offence.
Penalty:
(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 who from
any place, discharges any firearm, or any shot, bullet, or other missile from
a firearm, to the danger of, or in a manner to cause fear to, the public or
any person, commits an offence.
Penalty: Imprisonment for 3 years or a fine
of $12 000.
(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: $2 000.
(10a) A person who,
without reasonable excuse, carries a firearm, 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: $2 000.
(10b) For the purposes
of subsection (10) and subsection (10a), the holding of a permit
issued under the Wildlife Conservation Regulations 1970 shall not be
taken to be 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: $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 his or her parent or guardian.
Penalty: $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);
(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 by 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.]