Western Australian Current Acts

FIREARMS ACT 1973 - SECT 29I

29I .         Failure to surrender firearms and other things when firearms prohibition order served

        (1)         This section applies if a firearms prohibition order is served under section 29C.

        (2)         Except as provided in subsection (6), the prohibited person must immediately surrender to the member of the Police Force serving the firearms prohibition order any licence, permit, approval or authorisation under this Act, and any Extract of Licence, that are in the person’s possession.

        Penalty for this subsection: imprisonment for 5 years and a fine of $20 000.

        (3)         Except as provided in subsection (6), the prohibited person must immediately surrender to the member of the Police Force serving the firearms prohibition order any of the following that are in the person’s possession —

            (a)         a firearm (other than a handgun or prohibited firearm);

            (b)         a major firearm part (other than a major firearm part related to a handgun or prohibited firearm);

            (c)         a prohibited firearm accessory;

            (d)         ammunition.

        Penalty for this subsection: imprisonment for 7 years and a fine of $35 000.

        (4)         Except as provided in subsection (6), the prohibited person must immediately surrender to the member of the Police Force serving the firearms prohibition order any of the following that are in the person’s possession —

            (a)         a handgun;

            (b)         a prohibited firearm;

            (c)         a major firearm part related to a handgun or prohibited firearm.

        Penalty for this subsection: imprisonment for 14 years and a fine of $75 000.

        (5)         An offence under subsection (2), (3) or (4) is a crime.

        (6)         If the prohibited person cannot immediately surrender a thing referred to in subsection (2), (3) or (4) (for example, because the thing is located or stored at a different place) —

            (a)         those subsections do not apply; and

            (b)         the member of the Police Force serving the firearms prohibition order may direct the prohibited person to give, to the member of the Police Force, information about the location of the thing and any other information necessary to enable a member of the Police Force to then locate the thing and seize it in accordance with this Act.

        (7)         A prohibited person commits a crime if the prohibited person refuses or fails without lawful excuse to comply with any direction given by a member of the Police Force under subsection (6)(b).

        Penalty for this subsection: imprisonment for 10 years and a fine of $50 000.

        [Section 29I inserted: No. 13 of 2022 s. 53.]