❓ WA Parliamentary Question on Notice regarding firearm theft and possession, including data on incidents, prosecutions, penalties, and national database efforts. The response highlights data limitations and provides relevant legislation.
AnsweredQoN 5208Legislative Assembly
QuestionView source ↗
I refer to the issue of stealing and possession of firearms, both licensed and unlicensed, and ask: (a) In relation to the previous three years, how many firearm burglaries have there been in Western Australia as a whole and specifically the Great Southern and South West regions; (b) How many people in the Great Southern and South West regions have been prosecuted for stealing a licensed or unlicensed firearm in the previous three years; (c) For the same period and geographical location, how many prosecutions have there been for those found in possession of a stolen licensed or unlicensed firearm; (d) What are the penalties for (b) and (c); (e) Can the Minister outline how the penalties for stealing and being in possession of a stolen motor vehicle, for example, compare with the penalties for stealing and being in possession of a stolen firearm (both licensed and unlicensed); and (f) Can the Minister outline what priorities have been made for a national firearm database system that is jurisdictionally linked, which will create a better national picture of firearm ownership both legal and illegal?
AnswerView source ↗
Answered
14 August 2019
Responded by
Minister for Police; Road Safety
Response time
12 days
The Western Australian Police Force advise:
(a)
Western Australia Total
Great Southern Region
South West Region
2016
147
25
18
2017
118
12
22
2018
114
11
16
(b)
Great Southern Region
South West Region
2016
4
2
2017
4
10
2018
5
2
Note : There is no specific offence of ‘Stealing a licensed or unlicensed firearm’ under Western Australian legislation. ‘Stealing’ is defined by section 371 of the Criminal Code Act 1913 (WA) and does not distinguish stealing of a firearm from stealing of other property types. As a result, the number of people prosecuted for stealing a licensed or unlicensed firearm is not readily available in data holdings. Offender data has been obtained from the Incident Management System where incidents have an associated stolen or seized firearm and offence that involves stealing. Efforts are ongoing to allow statistical reporting from the Prosecution System to be broken down by property item.
Requests for prosecution outcomes should be directed to Department of Justice.
(c)
Great Southern Region
South West Region
2016
5
19
2017
3
9
2018
2
11
Note : There is no specific offence of “Possession of a stolen firearm” (whether the firearm itself is licenced or unlicensed). Section 417 of the Criminal Code contains an offence of Possession of Property reasonably suspected of being stolen or unlawfully obtained. Property includes firearms. The maximum penalty for this offence, if dealt with in a superior court, is 7 years imprisonment. If dealt with by a Magistrate the maximum penalty is 2 years imprisonment and a fine of $24,000. A person in possession of a firearm, whether stolen or not, who does not hold a licence or permit may commit an offence under Section 19 Firearms Act of “being in possession of an unlicensed firearm”.
(d)
Stealing (offence under Section 378 of the Criminal Code ) – Maximum of 7 years imprisonment if dealt with in a superior court.
Possession of Unlicensed Firearm (offence under Section 19 of the Firearms Act 1974 ) Where the charge is dealt with in a superior court, maximum of 5 years imprisonment
Where the charge is dealt with by a Magistrate, 3 years imprisonment or a fine of $12,000
Higher penalties under the Firearms Act 1974 apply where possession of the firearm is in aggravating circumstances, for example, being in possession of drugs.
(e) The penalties for Possession of an Unlicensed firearm are in (d) above. The penalty for Stealing a Motor Vehicle, irrespective of value, is 2 years imprisonment or a fine of $24,000.
(f) The Australian Criminal Intelligence Commission (ACIC) have developed the Australian Firearms Information Network (AFIN). This database is a national firearm information management system that displays Australian state and territory firearm registry data allowing those registries to share information about firearms and firearm licence holders. The AFIN records a copy of the WA Police Force Licensing and Registry data.
(a)
Western Australia Total
Great Southern Region
South West Region
2016
147
25
18
2017
118
12
22
2018
114
11
16
(b)
Great Southern Region
South West Region
2016
4
2
2017
4
10
2018
5
2
Note : There is no specific offence of ‘Stealing a licensed or unlicensed firearm’ under Western Australian legislation. ‘Stealing’ is defined by section 371 of the Criminal Code Act 1913 (WA) and does not distinguish stealing of a firearm from stealing of other property types. As a result, the number of people prosecuted for stealing a licensed or unlicensed firearm is not readily available in data holdings. Offender data has been obtained from the Incident Management System where incidents have an associated stolen or seized firearm and offence that involves stealing. Efforts are ongoing to allow statistical reporting from the Prosecution System to be broken down by property item.
Requests for prosecution outcomes should be directed to Department of Justice.
(c)
Great Southern Region
South West Region
2016
5
19
2017
3
9
2018
2
11
Note : There is no specific offence of “Possession of a stolen firearm” (whether the firearm itself is licenced or unlicensed). Section 417 of the Criminal Code contains an offence of Possession of Property reasonably suspected of being stolen or unlawfully obtained. Property includes firearms. The maximum penalty for this offence, if dealt with in a superior court, is 7 years imprisonment. If dealt with by a Magistrate the maximum penalty is 2 years imprisonment and a fine of $24,000. A person in possession of a firearm, whether stolen or not, who does not hold a licence or permit may commit an offence under Section 19 Firearms Act of “being in possession of an unlicensed firearm”.
(d)
Stealing (offence under Section 378 of the Criminal Code ) – Maximum of 7 years imprisonment if dealt with in a superior court.
Possession of Unlicensed Firearm (offence under Section 19 of the Firearms Act 1974 ) Where the charge is dealt with in a superior court, maximum of 5 years imprisonment
Where the charge is dealt with by a Magistrate, 3 years imprisonment or a fine of $12,000
Higher penalties under the Firearms Act 1974 apply where possession of the firearm is in aggravating circumstances, for example, being in possession of drugs.
(e) The penalties for Possession of an Unlicensed firearm are in (d) above. The penalty for Stealing a Motor Vehicle, irrespective of value, is 2 years imprisonment or a fine of $24,000.
(f) The Australian Criminal Intelligence Commission (ACIC) have developed the Australian Firearms Information Network (AFIN). This database is a national firearm information management system that displays Australian state and territory firearm registry data allowing those registries to share information about firearms and firearm licence holders. The AFIN records a copy of the WA Police Force Licensing and Registry data.
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