Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any person
who —
(a)
sells, delivers or disposes of;
(b)
purchases or otherwise comes into possession of; or
(c) is
in possession of,
any firearm or
ammunition and is not the holder of a licence or permit under this Act
entitling him to do so commits a crime unless subsection (1ae) or
section 19AA provides otherwise or section 8 applies.
(1aa) A person who is
guilty of a crime under subsection (1) committed in circumstances
referred to in subsection (1)(a) is liable, on conviction, to
imprisonment for 14 years if at the time of the offence the person was
selling 3 or more firearms without a licence or permit entitling the person to
sell any of them.
(1ab) A person who is
guilty of a crime under subsection (1) —
(a)
committed in circumstances where the person was carrying both a firearm that
is a subject of the offence and —
(i)
a prohibited drug or prohibited plant, as defined in the
Misuse of Drugs Act 1981 , when not authorised to be in possession of
that drug or plant under that Act; or
(ii)
an amount of money equal to or greater than the
prescribed amount,
is liable, on
conviction, to imprisonment for 14 years;
(b)
committed in circumstances where the person was in possession of 3 or more
firearms without a licence or permit entitling the person to be in possession
of any of them, is liable, on conviction, to imprisonment for 10 years
unless subsection (1aa) applies.
(1ac) Unless
subsection (1aa) or (1ab) applies, a person who is guilty of a crime
under subsection (1) committed in relation to a firearm is liable, on
conviction, to imprisonment for 7 years if —
(a) at
the time of the offence the offender —
(i)
had been refused, or was disqualified from holding, a
licence or permit referred to in subsection (1); or
(ii)
had had a licence or permit referred to in
subsection (1) revoked,
in relation to the
firearm or a firearm of the same kind;
(b) the
firearm was a handgun or a prescribed firearm;
(c) at
the time of the offence, any number or identification mark which was on the
firearm had been defaced or removed; or
(d) the
firearm had been altered from the design or characteristics of its original
manufacture.
Summary conviction penalty for a crime under
subsection (1) committed in any of the circumstances described in this
subsection: Imprisonment for 3 years or a fine of $12 000.
(1ad) Unless
subsection (1aa), (1ab) or (1ac) applies, a person who commits a crime
under subsection (1) is liable, on conviction, to imprisonment for
5 years.
Summary conviction penalty: Imprisonment for
3 years or a fine of $12 000.
(1ae)
Subsection (1) does not apply to coming into, or being in, possession of
ammunition under section 30(2) as the agent of a person to whom it is, or
is to be, delivered as soon as is reasonably practicable.
(1a) For the purposes
of applying the penalty provisions of subsection (1ac)(a), a firearm is
of one of the kinds prescribed for the purposes of that provision by the
regulations.
(2) A person
who —
(a)
sells, delivers, or disposes of a firearm or ammunition to another person, or
otherwise permits another person to take possession of a firearm or
ammunition;
(b)
purchases, or otherwise comes into, possession of a firearm or ammunition from
another person; or
(c)
permits another person to be in possession of a firearm or ammunition,
commits an offence if
the other person is not the holder of a licence or permit under this Act
entitling him to possession of it unless it is a disposal of ammunition under
section 30(2) or section 8 applies.
Penalty:
(a) if
the firearm concerned was a handgun or a prescribed firearm, imprisonment for
5 years;
(b) in
any other case, imprisonment for 3 years or a fine of $12 000.
[(3) deleted]
(4) A person
who —
[(a) deleted]
(b)
repairs on behalf of another;
(c)
manufactures,
or is concerned in
repairing or manufacturing, any firearm or ammunition otherwise than in
accordance with a licence under this Act authorising him to do so, commits a
crime and is liable, on conviction —
(a) in
the case of the manufacture of a handgun, to imprisonment for 14 years;
(b) in
any other case, to imprisonment for 5 years.
Summary conviction penalty except in the case of
the manufacture of a handgun: Imprisonment for 2 years or a fine of
$8 000.
(5) A person who
conducts, or is concerned in the conducting of, a shooting gallery otherwise
than in accordance with a licence under this Act authorising him to do so
commits an offence.
Penalty: $2 000.
[Section 19 amended by No. 54 of 1978
s. 2; No. 70 of 1987 s. 6; No. 59 of 1996 s. 19, 47
and 50(1); No. 50 of 2003 s. 62(2); No. 4 of 2004 s. 58;
No. 69 of 2004 s. 18 and 31.]