Questions are being asked about the separation of powers in Western Australia following revelations that WA Police are quasi-rejecting Firearm Additions (PTAs) for people who currently have more than the number of firearms that will be permitted under the state’s planned new gun laws, which have not yet proceeded through parliament, let alone been enacted.
The email, which has been seen by Sporting Shooter, advises would-be gun buyers to withdraw their application and adds, “if the application progresses, it will be refused”.
The Firearms Bill 2024 has not yet passed Western Australia’s Legislative Council (upper house), nor has it received the Royal Assent or been officially gazetted.
It is not legislation, and there is no concrete date when it will become law or come into effect.
Shooters Union WA representative Steve Harrison said while he understood the motivation behind the email, the reality was that WAPOL was enforcing laws which did not exist, which raised some serious questions about the separation of powers in the state.
“We have the Premier on record as saying he will make whatever laws the police want, we have a government completely ignoring the largest petition in the state’s history calling for the laws to be genuinely reviewed and made in consultation with law-abiding firearms users, and we now have the police saying they will reject additional firearm applications based on laws that are not even in place,” he said.
“I think that essentially makes Western Australia a police state, and the fact the Governor or the Commonwealth haven’t stepped in is not only perplexing but also quite concerning.”
The Western Australia Firearms Traders Association (WAFTA) was not shy about venting its concerns on Facebook in a post about the emails, drawing attention to the fact that not only was the legislation not through parliament but the regulations, covering how the firearms licensing system would actually function, have not yet been developed.
“Some may even question if there is still a separation of power between police and government as is in our constitution?” WAFTA asked in the post.
“Not surprisingly and most disappointing the industry — who have been doing a large amount of unpaid work in relation to advising their clients on the Act changes/updates and buyback positions — have again been left in the dark until today’s emails.
“Firearms owners all over the state are feeling vicitimised and vilified as a result of racing the legislation currently in Parliament.”
The WAPOL email states:
Thank you for your time today to discuss your additional firearms application.
It is incumbent upon the WA Police Force, as the responsible regulator under both the existing Act and the impending Bill, to ensure that existing licences and new applications are assessed appropriately and that consistent decisions are made that achieve the required public safety outcomes.
You are currently licensed to hold [More than 5] Rec/Hunt/Shoot and applying for an additional one.
Your application is of a nature that will be directly impacted by the provisions of the Bill and its associated regulations. If your application was granted, the Bill, when passed into law, would highly likely result in the immediate reversal of any decision to grant this application.
The relevant part of the bill applicable to your application is:
Clause 30 – “Limit on Number of Firearms under Individual Licence”
The overall maximum number of firearms that will be allowed under an Individual Licence is 10, which may comprise firearms for both Competition purposes (to a maximum limit of 10) and Hunting purposes (to a maximum limit of 5).
For your information, the Bill can be located at the below address:
Please review your current firearm holdings and the firearms you have applied for in context of the above.
Some options available to you at this time include:
- Decrease your existing holdings to accommodate the new firearms requested, by either of A) buyback scheme or B) Selling your firearm to a dealer or licensed individual.
- Change your licence type to “Primary Producer – Occupational Nominee” for some or all of the existing firearms.
- Withdraw this application for all of these firearms and receive a full refund of Police Firearms Licence application fee (only available if you elect to withdraw application within 28 days of date of this email)”
The email then outlines some of the requirements for acquiring firearms on a Collector’s Licence under the Bill, including that handguns can only be collected if they are more than 50 years old and “of significant historical value”, as well as noting that all Collector’s Licence holders will be required to be members of an approved historical society.
The e-mail concludes:
“Please be advised that the changes you wish to make take time, I would advise making the necessary changes, before proceeding with your application. Should you wish to withdraw the application a full refund will be issued, otherwise, if the application progresses, it will be refused and no refund is payable.”
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