Citation(s) from the GunPolicy.org literature library

Western Australia. 1974 ‘Prohibited Firearms and Ammunition.’ Firearms Regulations 1974 (Version 07-d0-01, as at 22 July 2015); Section 26. Perth: State Law Publisher. 1 July

Relevant contents

26. Prohibited firearms and ammunition

(1) Subject to subregulations (2), (2a), (2BA), (2BB) and (2BC), the acquisition, sale, possession or use of a firearm or ammunition specified in the Table to this regulation is absolutely prohibited.

(2) This regulation does not apply to a member of the armed forces of the Crown in the performance of his duties, or to any other member of a disciplined force approved by the Commissioner, or to the acquisition or possession of such a firearm or ammunition by The Western Australian Museum for purposes authorised by the Museum Act 1969.

(2a) This regulation does not apply to a firearm of category D if the firearm is licensed under the Act and what is done is in accordance with the licence.

(2BA) This regulation does not apply to a firearm, or ammunition for a firearm, if -
(a) the firearm or ammunition is the subject of -
(i) a licence or permission to import granted under the Customs (Prohibited Imports) Regulations 1956 (Commonwealth); and
(ii) a licence or permission to export granted under the Customs (Prohibited Exports) Regulations 1958 (Commonwealth);
and
(b) the firearm is named and identified in a licence issued under section 16(1)(c) of the Act and what is done is in accordance with the licence.

(2BB) This regulation does not apply to the holder of a Dealer's Licence who is authorised by the Commissioner to acquire the firearm for the purpose of selling it -
(a) to a person referred to in subregulation (2); or
(b) to the holder of a licence for the firearm.

(2BC) This regulation does not apply to frangible ammunition if what is done in relation to the ammunition -
(a) is for the purpose of -
(i) supplying the ammunition for a Commonwealth, State or Territory government purpose; or
(ii) exporting the ammunition under a licence or permission to export granted under the Customs (Prohibited Exports) Regulations 1958 (Commonwealth);
and
(b) is in accordance with a licence issued under section 16(1)(f) of the Act.

(2b) In this regulation a reference to ammunition for a firearm that is prohibited does not include ammunition that is also suitable for a firearm that is not prohibited.

(3) Any firearm or ammunition the subject of an offence against this regulation shall be forfeited to the Crown.

Table of prohibited firearms and ammunition

a firearm of category D
a machine gun, or ammunition for it
a hand grenade
a mortar gun, or ammunition for it
a bazooka gun, or ammunition for it
a fully automatic firearm
a firearm designed to discharge tear gas, or ammunition for it
a "forward venting" blank firing imitation firearm
ammunition the missile from which includes any high explosive, smoke, chemical, lachrymatory agent, or flechettes
tracer ammunition
incendiary ammunition
armour piercing (hard steel core) ammunition
imprint free (accelerator) ammunition
frangible ammunition
ammunition the missile from which has a calibre of 20 mm or more

[The Act referred to in this Regulation is the Firearms Act 1973]

ID: Q2835

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