❓ Hon Rick Mazza questions WA Police regarding a restrictive interpretation of Section 30(2) of the Firearms Act 1973, which allows ammunition sales to agents of licensed firearm owners. The Police acknowledge the issue and are working to clarify the interpretation and provide guidance to firearm dealers.
AnsweredQoN 2198Legislative Council
QuestionView source ↗
I refer to section 30(2) of the Firearms Act 1973 , which provides for firearms dealers to legally supply ammunition to someone who does not hold a firearms licence but acts as an agent for a licensed firearms owner. The application of section 30(2) is particularly useful in remote areas when a member of a group is making a journey to town. Can the Minister therefore advise on what grounds Western Australia Police Force has recently been insisting that the practice applies only to primary producers?
AnswerView source ↗
Answered
8 August 2019
Responded by
Minister for Environment representing the Minister for Police
Response time
12 days
The Western Australian Police Force advise:
Initial advice on this matter was provided by a Police staff member to a metropolitan firearm dealer about the interpretation of who can be an ‘agent’ as it applies to Section 30(2) of the Firearms Act 1973 (the Act), as opposed to a person simply acting at the request of or on behalf of a person. This staff member had taken a narrow view on interpreting the relevant legislation and that advice has since been reviewed.
The information initially provided to the firearm dealer has been expanded to allow a broader view of the interpretation of who can be an ‘agent’ and collect ammunition for a firearm licence holder without the firearm dealer risking prosecution under the Act when providing that ammunition.
Licensing Services (Firearms) are working with the president of the Firearm Traders Association and the metropolitan firearm dealer involved to develop suitable documentation for all firearm dealers so they can sell ammunition to an ‘agent’ with suitable checks in place to protect themselves from prosecution.
Initial advice on this matter was provided by a Police staff member to a metropolitan firearm dealer about the interpretation of who can be an ‘agent’ as it applies to Section 30(2) of the Firearms Act 1973 (the Act), as opposed to a person simply acting at the request of or on behalf of a person. This staff member had taken a narrow view on interpreting the relevant legislation and that advice has since been reviewed.
The information initially provided to the firearm dealer has been expanded to allow a broader view of the interpretation of who can be an ‘agent’ and collect ammunition for a firearm licence holder without the firearm dealer risking prosecution under the Act when providing that ammunition.
Licensing Services (Firearms) are working with the president of the Firearm Traders Association and the metropolitan firearm dealer involved to develop suitable documentation for all firearm dealers so they can sell ammunition to an ‘agent’ with suitable checks in place to protect themselves from prosecution.
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