❓ Rick Mazza questions the re-categorisation and confiscation of firearms based on appearance, while the Attorney General defends the policy citing public safety concerns and adherence to the National Firearms Agreement.
AnsweredQoN 1131Legislative Council
QuestionView source ↗
FIREARMS REGULATIONS 1974
1131. Hon RICK MAZZA to the
Attorney General representing the Acting Minister for Police:
I refer to clause 26 and schedule 3, division 4 of the
Firearms Regulations 1974 pertaining to the ''appearance'' of a
firearm.
(1) Is the
acting minister aware that the WA Police firearm serviceability certificate has
no requirement to provide a description of the subject firearm's
appearance?
(2) Is the
acting minister aware that the WA Police serviceability certificate merely
attests to the serviceability, or not, of the subject firearm?
(3) Can the
acting minister please advise the rationale for a category B firearm being
re-categorised to a category D on the basis of its appearance alone?
(4) Can the
acting minister provide the rationale for the confiscation by WA Police of
category B firearms having the functionality of category B firearms and
licensed in accordance with the application process solely on the basis of
their appearance?
(5) Can the acting
minister advise how the appearance of a category B firearm resembling a
category D firearm impacts on public safety?
1131. Hon RICK MAZZA to the
Attorney General representing the Acting Minister for Police:
I refer to clause 26 and schedule 3, division 4 of the
Firearms Regulations 1974 pertaining to the ''appearance'' of a
firearm.
(1) Is the
acting minister aware that the WA Police firearm serviceability certificate has
no requirement to provide a description of the subject firearm's
appearance?
(2) Is the
acting minister aware that the WA Police serviceability certificate merely
attests to the serviceability, or not, of the subject firearm?
(3) Can the
acting minister please advise the rationale for a category B firearm being
re-categorised to a category D on the basis of its appearance alone?
(4) Can the
acting minister provide the rationale for the confiscation by WA Police of
category B firearms having the functionality of category B firearms and
licensed in accordance with the application process solely on the basis of
their appearance?
(5) Can the acting
minister advise how the appearance of a category B firearm resembling a
category D firearm impacts on public safety?
AnswerView source ↗
I thank the honourable member for some notice of this
question.
(1) Yes.
(2) Yes.
However, it also verifies the make, model, type, category, ammunition type,
calibre and serial number of the firearm.
(3) The only
time a category B class firearm would be re-categorised as a category Dl class
firearm is when it fits into the description of a Dl firearm under schedule 3,
clause 7 of the Firearms Regulations 1974.
(4) There are
various category B2 class firearms that meet the description of a Dl class
firearm by substantially duplicating and having the appearance of a
self-loading, centre-fire rifle designed or adapted for military purposes. If
identified, these firearms are seized as a firearm that is prohibited under
regulation 26(1) and (3).
(5) A category
B2 class firearm that has the appearance of a category Dl class firearm could
impact on public safety by causing fear and panic if it is believed the firearm
is a military-style firearm, similar to those used in the Port Arthur massacre.
The regulations referred to firearms having the ''appearance'' of
a prohibited firearm as also being prohibited. This legislation was reaffirmed
as part of the 1996 National Firearms Agreement resolution 4.
question.
(1) Yes.
(2) Yes.
However, it also verifies the make, model, type, category, ammunition type,
calibre and serial number of the firearm.
(3) The only
time a category B class firearm would be re-categorised as a category Dl class
firearm is when it fits into the description of a Dl firearm under schedule 3,
clause 7 of the Firearms Regulations 1974.
(4) There are
various category B2 class firearms that meet the description of a Dl class
firearm by substantially duplicating and having the appearance of a
self-loading, centre-fire rifle designed or adapted for military purposes. If
identified, these firearms are seized as a firearm that is prohibited under
regulation 26(1) and (3).
(5) A category
B2 class firearm that has the appearance of a category Dl class firearm could
impact on public safety by causing fear and panic if it is believed the firearm
is a military-style firearm, similar to those used in the Port Arthur massacre.
The regulations referred to firearms having the ''appearance'' of
a prohibited firearm as also being prohibited. This legislation was reaffirmed
as part of the 1996 National Firearms Agreement resolution 4.
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