Firearm Offences in Western Australia

Firearm offences in Western Australia are governed primarily by the Firearms Act 1973 (WA). The Act establishes a licensing-based control system and creates offences for unauthorised possession, unsafe storage, and dangerous use of firearms.

WA law treats firearm offences seriously because firearms are inherently dangerous and pose a risk to public safety if they are not strictly regulated through licensing, secure storage, and lawful use under the Act.

 

How Firearm Laws Work in WA

Under the Firearms Act 1973 (WA), it is unlawful to possess or use a firearm unless the person holds a valid licence and complies with prescribed conditions relating to storage, handling, and conduct.

WA law adopts this framework to limit access to firearms to people who have been assessed as fit and proper, and to reduce the risk of injury, death, or criminal misuse arising from uncontrolled access to firearms (Firearms Act 1973 (WA)).

 

Firearm Offences and Penalties (Summary Table)

The table below summarises key firearm offences and their maximum penalties as expressly set out in the Firearms Act 1973 (WA). Penalties may vary depending on whether the offence is dealt with summarily or on indictment.

Offence	Relevant Provision	Maximum Penalty
Possess, purchase, sell or carry a firearm without a licence	s 19(1)	Up to 5 years imprisonment (indictable) or up to 3 years imprisonment and/or a fine (summary), depending on the nature of the firearm, the number of firearms involved, and whether the offence is prosecuted summarily or on indictment
Allow an unfit person to take a firearm	s 23(1)	18 months imprisonment or a fine
Possess a firearm while affected by drugs or alcohol	s 23(2)	Up to 2 years imprisonment or a fine
Carry or use a firearm without a licence	s 23(3)	Up to 7 years imprisonment (handguns or prescribed firearms)
Deface or alter firearm identification marks	s 23(5)	Up to 7 years imprisonment
Possess or use a silencer without lawful excuse	s 23(6)	Up to 7 years imprisonment
Fail to provide adequate firearm storage (first offence)	s 23(9)	Fine only
Fail to provide adequate firearm storage (subsequent offence)	s 23(9)	Up to 12 months imprisonment or a fine
Firearms infringement offence	s 19A	Prescribed infringement penalty

Source: Firearms Act 1973 (WA), ss 19, 19A, 23

Licensing Offences Under Section 19

What the offence is

Section 19 of the Firearms Act 1973 (WA) makes it an offence to possess, carry, purchase, sell, or dispose of a firearm or ammunition without holding a valid firearm licence.

Why WA law treats this as an offence

WA law criminalises unlicensed firearm possession because licensing is the primary mechanism used to ensure that firearms are only accessed by people who have been assessed for safety, suitability, and lawful purpose (Firearms Act 1973 (WA), s 19).

Penalties

The applicable penalties are those set out in section 19 of the Firearms Act 1973 (WA), as summarised in the table above. Courts must apply penalties within the limits prescribed by that section, having regard to the specific circumstances of the offence and the manner in which it is prosecuted.

Storage Offences

What the offence is

Under section 23(9) of the Firearms Act 1973 (WA), a licensed firearm holder commits an offence if they fail to provide and use adequate and secure storage for firearms and ammunition in accordance with the Regulations.

Why WA law treats this as an offence

WA law requires secure storage to prevent firearms from being accessed by unauthorised persons, stolen, or accidentally discharged, particularly in domestic settings (Firearms Act 1973 (WA), s 23(9)).

Penalties

Penalties for storage offences are prescribed directly by section 23(9) and differ depending on whether the offence is a first or subsequent breach, as set out in the summary table above.

Firearms Infringements

What the offence is

Section 19A of the Firearms Act 1973 (WA) allows certain minor firearm-related offences to be dealt with by infringement notice instead of prosecution.

Why WA law treats this as an offence

Infringement offences exist to enforce compliance with firearm licensing requirements while allowing less serious breaches to be resolved without court proceedings (Firearms Act 1973 (WA), s 19A).

Penalties

The penalty payable for a firearms infringement is the amount prescribed under section 19A, rather than a court-imposed sentence.

Other General Firearms Offences

Section 23 of the Firearms Act 1973 (WA) creates a range of offences relating to unsafe or unlawful conduct, including:

• allowing an intoxicated or unfit person to access a firearm
• possessing a firearm while affected by drugs or alcohol
• discharging a firearm dangerously or to cause fear
• defacing firearm identification marks
• possessing prohibited accessories such as silencers

Why WA law treats these as offences

These behaviours are criminalised because they materially increase the risk of serious injury, death, or public alarm, even where no harm ultimately occurs (Firearms Act 1973 (WA), s 23).

Penalties

Penalties for each offence are specifically prescribed within section 23 of the Act and must be applied by courts within those statutory limits, as summarised in the penalties table above.

 

Firearm Offence Case Example: R v Olbrich (1999) 199 CLR 270

This case is a leading Australian authority on sentencing principles for serious firearm offences. It examines how courts should approach punishment where firearms are unlawfully imported or possessed, and clarifies the role of general deterrence, public safety, and offender circumstances in sentencing. The decision explains why firearm offences attract severe penalties even where no physical harm has occurred.

Background

Charge

Mr Olbrich was charged under Commonwealth firearms legislation for the illegal importation of firearms, including pistols, into Australia.

Nature of the Offending

The offending involved the unlawful importation and possession of prohibited firearms, conduct regarded as inherently dangerous due to the potential for firearms to be used in serious criminal activity.

Plea

Mr Olbrich entered a plea of guilty to the offences.

Sentencing Issue

The matter did not concern whether Mr Olbrich committed the offences, but rather how the sentencing discretion should be exercised in light of:

• The seriousness of firearm offences
• The absence of immediate physical harm
• The offender’s personal circumstances

Defence Argument

The defence submitted that:

• Mr Olbrich’s early guilty plea should attract significant sentencing leniency.
• The offender’s personal circumstances, including background factors, should reduce the weight given to deterrence.
• The sentence imposed at first instance was excessive in light of those mitigating factors.

Prosecution Case

The prosecution argued that:

• Firearm importation offences are inherently serious, regardless of whether the firearms were used.
• General deterrence must be given substantial weight because firearms facilitate violent crime.
• Parliament had imposed high maximum penalties to reflect the danger firearms pose to the community.

Court’s Findings

The High Court of Australia held that:

• Firearm offences are intrinsically serious due to the risks they pose to public safety.
• General deterrence is a primary sentencing consideration in firearm cases.
• The absence of actual harm does not diminish the gravity of firearm offences.
• Personal mitigating factors, while relevant, cannot outweigh the need to protect the community.
• Courts must have regard to legislative intent, including the high maximum penalties set by Parliament.

The Court emphasised that firearms are not ordinary goods and that unlawful dealings in firearms justify stern punishment.

Outcome

• The High Court dismissed the appeal.
• The sentence imposed was upheld.
• The Court confirmed that the sentencing approach adopted at first instance was legally correct.

The decision reinforced that custodial sentences may be appropriate for serious firearm offences, even where no violence has yet occurred.

Legal Principles Highlighted

This decision confirms several key principles relevant to firearm offending and sentencing:

1. Seriousness of Firearm Offences: Firearm offences are treated as grave because they involve weapons designed to cause lethal harm and enable further criminal activity.
2. General Deterrence: Sentencing must send a clear message that unlawful firearm conduct will attract severe consequences.
3. Limited Weight of Personal Circumstances: Personal hardship and prior good character do not override the public interest in deterring firearm crime.
4. Harm Not Required: Criminal liability and serious punishment do not depend on a firearm being discharged or used.

Why This Case Matters for Firearm Offences in Australia

Although decided under Commonwealth law, R v Olbrich is routinely relied upon by state courts across Australia, including Western Australia, as guiding authority on sentencing principles, when sentencing offences under the Firearms Act 1973 (WA).

WA courts frequently apply Olbrich to justify:

• Imprisonment for unlicensed possession
• Harsh penalties for multiple firearms
• Strong emphasis on deterrence over leniency

The case explains why Parliament has set high maximum penalties for firearm offences and why courts must prioritise community protection when sentencing.

Practical Significance

R v Olbrich stands for the principle that:

Firearm offences are punished severely because the danger they pose exists the moment control over the weapon is lost.

This reasoning underpins modern firearm sentencing in WA and across Australia. It remains a foundational authority explaining why firearm offences are treated differently from many other criminal offences, even where no physical injury has occurred.

 

What Do I Do If I’m Charged With a Firearm Offence?

If you are charged with a firearm offence in WA, the charge will specify the exact section of the Firearms Act 1973 (WA) alleged to have been breached.

Because firearm offences can carry imprisonment, licence cancellation, and firearm forfeiture under the Act, obtaining legal advice early is critical to understanding the charge, the statutory penalty range, and any available defence.