Firearm Laws in Western Australia
Firearm ownership in WA is tightly regulated. With the introduction of the Firearms Act 2024 (WA) and Firearms Regulations 2024 (WA), the laws around licensing, storage, and use have changed significantly. These new laws came into effect on 31 March 2025 and now replace the previous legislation dating back to 1973.
The updated framework sets clearer rules around who can own a firearm, how they must be stored, and what happens when those rules are broken. If you hold a firearm licence—or plan to—you need to understand how these laws work. Failing to comply can lead to:
- losing your licence;
- having your firearms seized; or
- facing criminal charges.
Understanding the Firearms Act 2024 (WA)
The Firearms Act 2024 (WA) replaced the previous Firearms Act 1973 (WA) on 31 March 2025. The updated law introduces a modern, risk-based framework for firearm regulation, aiming to improve community safety and streamline licensing.
The Act sets clearer definitions, stricter eligibility requirements, and new offences covering trafficking, prohibited accessories, and unsafe storage. It also strengthens police powers and enforcement mechanisms to better prevent unlawful possession and use.
What Changed Under the New Legislation?
The new legislation was introduced to ensure firearm laws reflect contemporary risks and expectations. It provides a stronger legal foundation to prevent firearm misuse, reduce illegal trafficking, and keep firearms out of the wrong hands. All licences must now be linked to a specific lawful purpose, with prescribed storage, participation, and record-keeping requirements under the Firearms Regulations 2024 (WA). Higher penalties apply for serious breaches, and certain activities—like paintball or training—are subject to new minimum standards. The reforms aim to create a safer, more accountable system for firearm ownership in Western Australia.
Firearm Offences and Penalties According to the Firearms Act 2024 (WA) and the Firearms Regulations 2024 (WA).
The law identifies several offences related to using electronic communication to engage with a child.
Main Firearm Offences and Penalties
An adult commits a crime if they use electronic communication with the intent to procure a person under 16 to engage in sexual activity.
| Offence | Citation | Explanation | Penalty |
|---|---|---|---|
| Possession of unauthorised firearm | Firearms Act 2024 (WA), s. 9(1) | A person must not possess a firearm unless the person is authorised to do so by a licence or permit. | Up to 5 years imprisonment or $50,000 fine |
| Threatening or endangering life or health with firearm | Firearms Act 2024 (WA), s. 10(2) | A person must not use a firearm in a way that threatens or endangers the life or health of another person. | Up to 10 years imprisonment |
| Discharging firearm in a public place | Firearms Act 2024 (WA), s. 11(1) | A person must not discharge a firearm in a public place without a lawful excuse. | Up to 7 years imprisonment or $70,000 fine |
| Discharging firearm recklessly | Firearms Act 2024 (WA), s. 11(2) | A person must not discharge a firearm in a way that disregards the safety of others. | Up to 7 years imprisonment or $70,000 fine |
| Use of firearm while under influence of alcohol or drugs | Firearms Act 2024 (WA), s. 13 | A person must not carry or use a firearm or ammunition while the person is under the influence of alcohol or a drug. | Up to 5 years imprisonment or $50,000 fine |
Licensing Offences and Penalties
An adult commits a crime if they use electronic communication with the intent to procure a person under 16 to engage in sexual activity.
| Offence | Citation | Explanation | Penalty |
|---|---|---|---|
| Providing false or misleading information | Firearms Act 2024 (WA), s. 20(3) | A person must not give false or misleading information in relation to an application under this Act. | Up to 3 years imprisonment or $30,000 fine |
| Failure to notify change of address | Firearms Act 2024 (WA), s. 25(1) | A licensee must notify the Commissioner of a change in the licensee’s residential address within 14 days after the change occurs. | $2,000 fine |
| Possession of firearm by prohibited person | Firearms Act 2024 (WA), s. 30(1) | A prohibited person must not acquire or possess a firearm or firearm ammunition. | Up to 10 years imprisonment |
| Supplying firearm to unauthorised person | Firearms Act 2024 (WA), s. 31(2) | A person must not supply a firearm or ammunition to another person unless the other person is authorised to possess it. | Up to 10 years imprisonment |
| Carrying firearm in a public place without authority | Firearms Act 2024 (WA), s. 32(1) | A person must not carry a firearm in a public place unless authorised by or under this Act. | Up to 5 years imprisonment or $50,000 fine |
Storage Offences and Penalties
An adult commits a crime if they use electronic communication with the intent to procure a person under 16 to engage in sexual activity.
| Offence | Citation | Explanation | Penalty |
|---|---|---|---|
| Failure to store firearm securely | Firearms Act 2024 (WA), s. 40(1); Firearms Regulations 2024 (WA), Sch. 3 | A person who possesses a firearm must store it in accordance with the requirements prescribed by the regulations. | Up to 2 years imprisonment or $20,000 fine |
| Failure to store ammunition securely | Firearms Act 2024 (WA), s. 41(1); Firearms Regulations 2024 (WA), Sch. 3 | A person who possesses firearm ammunition must store it in accordance with the requirements prescribed by the regulations. | $5,000 fine |
| Obstruction of authorised officer during inspection | Firearms Act 2024 (WA), s. 42(2) | A person must not hinder or obstruct an authorised officer who is exercising a power under this section. | Up to 1 year imprisonment or $10,000 fine |
Other Firearm Offences and Penalties
An adult commits a crime if they use electronic communication with the intent to procure a person under 16 to engage in sexual activity.
| Offence | Citation | Explanation | Penalty |
|---|---|---|---|
| Unauthorised manufacture of firearm | Firearms Act 2024 (WA), s. 50(1) | A person must not manufacture a firearm unless authorised to do so by a licence or permit. | Up to 14 years imprisonment |
| Trafficking in firearms | Firearms Act 2024 (WA), s. 51(1) | A person must not engage in trafficking in firearms. | Up to 20 years imprisonment |
| Possession of prohibited firearm or accessory | Firearms Act 2024 (WA), s. 52(1) | A person must not acquire or possess a prohibited firearm or a prohibited accessory. | Up to 10 years imprisonment or $100,000 fine |
| Altering or defacing firearm identification | Firearms Act 2024 (WA), s. 54(1) | A person must not alter, deface or remove any identification mark on a firearm. | Up to 5 years imprisonment |
| Improper use of paintball firearms | Firearms Regulations 2024 (WA), r. 8–9 | A paintball firearm must not be used except in accordance with the conditions specified in regulation 9. | $5,000 fine |
| Possession of prohibited accessory | Firearms Regulations 2024 (WA), r. 10 | A person must not possess a prohibited accessory unless authorised by a permit or licence. | $10,000 fine |
| Failure to keep records (dealers and trainers) | Firearms Regulations 2024 (WA), r. 48, 51, 71 | A dealer or approved firearms trainer must keep records in the manner and for the period prescribed. | $5,000–$10,000 fine |
| Failure to meet minimum activity requirements | Firearms Regulations 2024 (WA), r. 26 | A person who holds a licence of a type specified in this regulation must satisfy the prescribed activity requirement. | Licence may be suspended |
Defences and Legal Considerations
Lack of Knowledge as a Defence
Under section 226(3) of the Firearms Act 2024 (WA), a person may defend a charge involving the presence of a firearm, major firearm part, ammunition, or prohibited accessory by proving they did not know—and could not reasonably be expected to know—that the item was in someone else’s possession. This defence applies to charges where the accused is alleged to have been “in company” with the offending person.
Lawful Excuse for Possession of Money
A charge under section 218(1) of the Act, relating to possession of a large sum of money in circumstances suggesting unlawful activity, may be defended by proving a lawful excuse for possessing the money. This could include legitimate business or personal reasons, and the burden lies with the accused to establish the excuse.
Reasonable Excuse for Failure to Notify
Under regulation 240(5) of the Firearms Regulations 2024 (WA), it is a defence to failing to notify the Commissioner of a change in storage address if the person had a reasonable excuse. While the law does not list specific examples, reasons such as emergency relocation or medical incapacity may be considered valid by the court.
Exemptions and Authorisations
Certain individuals and scenarios are excluded from liability under the Act. For example, sections 17 and 24 provide exemptions for police, defence personnel, and authorised firearms trainers where possession or use occurs in the course of duty or training. Similarly, conduct done under a valid licence, permit, or Commissioner’s approval will not amount to an offence—provided all conditions are met.
Seek Legal Advice if You Have Been Charged
If you have been charged with firearm offences, it is important to seek legal advice as soon as possible. These offences carry serious legal consequences, and understanding your rights and options early can make a difference in how your case is handled.
At WN Legal, we take a practical and thorough approach to your matter. We will carefully review the allegations, assess the evidence, and provide you with clear guidance on your legal position.
Our legal team can assist you with:
- Reviewing the strength of the case against you.
- Advising on possible outcomes and what to expect.
- Exploring defences that may be available to you.
- Guiding you through the court process and next steps.
Understanding your legal options can help you move forward with confidence. Contact WN Legal today for confidential legal advice.
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FAQs
What is the Firearms Act 2024 (WA)?
The Firearms Act 2024 (WA) replaced the former 1973 legislation. It introduces a risk-based approach to firearm regulation, focusing on public safety, improved enforcement powers, and stricter eligibility criteria for firearm ownership.
Why was the legislation updated?
The new laws reflect modern risks and community expectations. They aim to prevent unlawful possession, restrict access to high-risk accessories, and improve compliance through more targeted licensing and enforcement.
What types of firearms are prohibited in WA?
Western Australia prohibits certain types of firearms under Regulation 12 of the Firearms Regulations 2024 (WA). These include machine guns, short-barrelled shotguns, disguised firearms, and other weapons defined as “prohibited firearms”. Possessing a prohibited firearm carries severe penalties.
Do I need a licence to possess a firearm?
Yes. Under section 9(1) of the Firearms Act 2024 (WA), it is an offence to possess a firearm without a valid licence or permit. You must also demonstrate a genuine reason and meet all eligibility and safety requirements.
What is required to obtain a firearm licence?
To apply for a firearm licence, you must:
- Be at least 18 years old;
- Be a fit and proper person (assessed under s. 131);
- Complete approved firearm safety training;
- Show a genuine reason under s. 136(1) (e.g. recreational shooting, farming, occupational use);
- Comply with storage requirements outlined in the Regulations.
Can my firearm licence be cancelled?
Yes. Your licence may be suspended or cancelled under Part 5, Division 2 of the Firearms Act 2024 (WA) for reasons including non-compliance, criminal charges, or failing to meet licence obligations such as participation standards.
What are the storage rules for firearms and ammunition?
All firearms must be stored in a secure, locked cabinet that complies with Schedule 3 of the Firearms Regulations 2024 (WA). Ammunition must be stored separately in a locked container. Breaches of these requirements are offences under sections 40 and 41 of the Act.
What penalties apply for unauthorised possession or use?
The following offences and penalties are set out in the Firearms Act 2024 (WA):
- Possession without a licence (s. 9): Up to 5 years imprisonment or $50,000 fine;
- Using a firearm to endanger life or health (s. 10): Up to 10 years imprisonment;
- Discharging a firearm in public (s. 11): Up to 7 years imprisonment or $70,000 fine;
- Supplying a firearm to someone unauthorised (s. 31): Up to 10 years imprisonment.
What if I possess a firearm for self-defence?
Self-defence is not considered a genuine reason for owning or using a firearm under section 136(1) of the Firearms Act 2024 (WA). The legislation does not allow possession solely for personal protection.
What happens if I’m found in possession of a firearm and I didn’t know it was there?
Under section 226(3) of the Firearms Act 2024 (WA), it is a defence if you can prove that you did not know, and could not reasonably be expected to know, that the firearm or related item was in your possession or control.
Are there any exemptions to these rules?
Yes. Exemptions apply under sections 17 and 24 of the Act for police officers, defence personnel, and authorised firearms trainers, provided the activity is conducted in the course of duty. Additionally, if a person holds a valid permit or licence and complies with all conditions, the activity may not constitute an offence.
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