Western Australian Consolidated Acts

FIREARMS ACT 1973 - SECT 11A

11A .         Genuine reason required in all cases

        (1)         An approval or permit cannot be granted, and a licence cannot be issued, under this Act to a person who, in the Commissioner’s opinion, has not been shown to have a genuine reason for acquiring or possessing the firearm or ammunition for which the approval, permit, or licence is sought.

        (2)         A person has a genuine reason for acquiring or possessing a firearm or ammunition if and only if —

            (a)         it is for use by the person as a member of an approved shooting club and the person is an active and financial member of the club;

            (b)         it is for use by the person as a member of an organisation approved under this paragraph;

            (c)         it is for use in hunting or shooting of a recreational nature on land the owner of which has given written permission for that hunting or shooting;

            (d)         it is required by the person in the course of the person’s occupation;

            (da)         in the case of a prescribed paintball gun, it is required by the person to conduct or engage in paintball in accordance with this Act;

            (e)         it is to form part of a genuine firearm collection or genuine ammunition collection; or

            (f)         it is for another approved purpose.

        (3)         A person does not have a genuine reason for acquiring or possessing a firearm or ammunition of a particular kind unless the Commissioner is satisfied not only as to the person’s reason for acquiring or possessing a firearm or ammunition but also that the particular kind of firearm or ammunition can be reasonably justified.

        (4)         The reasons described in subsection (2)(e) are not genuine reasons for acquiring or possessing a firearm or ammunition under a licence other than a Firearm Collector’s Licence or an Ammunition Collector’s Licence.

        (5)         Approval cannot be given under subsection (2)(f) to the possession of a firearm or ammunition for the purpose of personal protection.

        (6)         Regulations made under section 34 may limit the purposes that may be approved under subsection (2)(f).

        [Section 11A inserted by No. 59 of 1996 s. 12; amended by No. 69 of 2004 s. 6 and 14.]