❓ Hon Rick Mazza questions the Attorney General regarding conflicting information from WA Police on firearm storage in vehicles, specifically concerning the legality and penalties for leaving unloaded firearms in locked cars. The response clarifies the legal position and acknowledges conflicting information.
AnsweredQoN 585Legislative Council
QuestionView source ↗
FIREARMS —
STORAGE REQUIREMENTS
585. Hon RICK MAZZA to the
Attorney General representing the Minister for Police:
The WA Police ''Firearm Storage Requirements''
fact sheet boldly states —
NEVER leave a firearm unattended in a car. It is an offence to do so.
(1) Under
which section of the Firearms Act 1973 is it an offence to leave an unloaded
firearm unattended in a locked car?
(2) What is the penalty for doing so?
(3) Is the
minister aware of the WA Police booklet entitled ''Firearm Safety and
Usage'', which describes itself as a basic guide to Western Australian
firearm laws and safe firearm practices for shooters?
(4) Is the
minister aware that point 15 of the WA Police publication clearly states that
although leaving a firearm in a locked vehicle should be avoided, firearms
should be unloaded and out of sight when left unattended in a locked vehicle?
(5) How many
licensed firearm owners have been prosecuted for leaving unloaded firearms
secured in an unattended car in accordance with the WA Police's ''Firearm
Safety and Usage'' guidelines?
STORAGE REQUIREMENTS
585. Hon RICK MAZZA to the
Attorney General representing the Minister for Police:
The WA Police ''Firearm Storage Requirements''
fact sheet boldly states —
NEVER leave a firearm unattended in a car. It is an offence to do so.
(1) Under
which section of the Firearms Act 1973 is it an offence to leave an unloaded
firearm unattended in a locked car?
(2) What is the penalty for doing so?
(3) Is the
minister aware of the WA Police booklet entitled ''Firearm Safety and
Usage'', which describes itself as a basic guide to Western Australian
firearm laws and safe firearm practices for shooters?
(4) Is the
minister aware that point 15 of the WA Police publication clearly states that
although leaving a firearm in a locked vehicle should be avoided, firearms
should be unloaded and out of sight when left unattended in a locked vehicle?
(5) How many
licensed firearm owners have been prosecuted for leaving unloaded firearms
secured in an unattended car in accordance with the WA Police's ''Firearm
Safety and Usage'' guidelines?
AnswerView source ↗
On behalf of the Minister for Police, I thank the honourable
member for some notice of the question.
(1) There is
no specific offence under the Firearms Act 1973 for leaving an unloaded firearm
unattended in a locked motor vehicle. However, section 23(9) of the act
prescribes general offences, in which failing or omitting to take all
reasonable precautions to ensure the safekeeping of a firearm is included.
(2) The
penalty for an offence under section 23(9)(a) of the act is a fine of $2 000
for a first offence and imprisonment for 12 months, or a fine of $4 000 for a
subsequent offence.
(3)–(4) Yes.
(5) The data
is not available in the time frame available and further research would need to
be conducted to ascertain whether the specific data requested could be
obtained.
member for some notice of the question.
(1) There is
no specific offence under the Firearms Act 1973 for leaving an unloaded firearm
unattended in a locked motor vehicle. However, section 23(9) of the act
prescribes general offences, in which failing or omitting to take all
reasonable precautions to ensure the safekeeping of a firearm is included.
(2) The
penalty for an offence under section 23(9)(a) of the act is a fine of $2 000
for a first offence and imprisonment for 12 months, or a fine of $4 000 for a
subsequent offence.
(3)–(4) Yes.
(5) The data
is not available in the time frame available and further research would need to
be conducted to ascertain whether the specific data requested could be
obtained.
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