Citation(s) from the GunPolicy.org literature library

Western Australia. 1974 ‘Restrictions for Category H.’ Firearms Regulations 1974 (Version 07-d0-01, as at 22 July 2015); Division 6 (Schedule 3). Perth: State Law Publisher. 1 July

Relevant contents

12. Restrictions for category H

(1) An approval or permit can be granted or a licence can be issued for a firearm of category H only if -
(a) subject to subclauses (2) to (6), it is for a firearm of category H1, and is granted or issued to a person described in section 11A(2)(a) of the Act who requires the firearm for use as described in that provision for the purpose of training for, and participating in, a club, interclub, State, national, or international shooting discipline; or
(ba) it is for a firearm of category H1, and is granted or issued to an individual who either —
(i) holds a pastoral lease, whether alone or with one or more other persons, on which cattle are grazed for commercial purposes; or
(ii) is nominated by the person or persons who hold such a pastoral lease and is approved by the Commissioner,
but not to more than one such person, for the purpose described in clause 11(1)(b)(ii); or
(b) it is for a firearm of category H2, and is granted or issued to a person who requires the firearm for the purposes of professional or recreational diving; or
(c) it is granted or issued to a person who requires it in the course of the person's occupation; or
(d) it is granted or issued for the purposes of a firearm of that category forming part of a genuine firearm collection; or
(e) it is granted or issued for Commonwealth or State government purposes.

(2) An approval or permit may be granted, and a licence may be issued, to a person under subclause (1)(a) only if —
(a) the person has been a member of an approved shooting club for at least 6 months; and
(b) if the person has been a member of an approved shooting club for less than 12 months, the approval, permit or licence does not apply to more than 2 handguns being either —
(i) one .177 air pistol and one .22 calibre handgun; or
(ii) one .177 air pistol and one centre fire handgun;
and
(c) the person has satisfactorily completed an approved firearm safety training course while being a member of the shooting club.

(3) Subject to subclause (5), an approval or permit may be granted, and a licence may be issued, to a person under subclause (1)(a) only if it applies to a handgun —
(a) that has a calibre of .45 or less; and
(b) that is not capable of firing more than 10 rounds without being reloaded; and
(c) that has a barrel length 120 mm or more in the case a semi automatic handgun and 100 mm or more in any other case, unless the Commissioner is satisfied that —
(i) the handgun has been specially designed for target shooting; and
(ii) the design does not make the handgun easier to conceal than a handgun that has a barrel length of 120 mm or 100 mm, as the case requires.

(4) Subject to subclause (5), an approval or permit may be granted, and a licence may be issued, to a person under subclause (1)(a) in relation to a handgun that has a calibre greater than .38 but not greater than .45 only if the approval, permit or licence is subject to the condition that the handgun must not be used except in either —
(a) the shooting discipline known as "Metallic Silhouette"; or
(b) the shooting discipline known as "Western Action" or "Single Action".

(5) Subclauses (3) and (4) do not apply to a muzzle loading handgun or a cap and ball percussion fired handgun.

(6) An approval or permit may be granted, and a licence may be issued, to a person under subclause (1)(a) only if it is subject to the condition that —
(a) if the approval, permit or licence relates to one or more handguns in a single discipline - the licensee must use one of those handguns in at least 6 shooting competitions organised by the club for the discipline on different days in each year; or
(b) if the approval, permit or licence relates to at least one handgun in each of 2 or more disciplines - the licensee must use a handgun from each discipline in at least 4 shooting competitions organised by the club for the discipline on different days in each year.

(7A) Under subclause (1)(ba) one individual cannot be granted an approval or permit or issued a licence —
(a) for more than one firearm of category H1; or
(b) for a firearm of category H1 other than one that —
(i) is a revolver; and
(ii) has a calibre of 0.38 or more and not more than 0.45; and
(iii has a barrel length of 100 mm or more;
or
(c) unless it is subject to a condition that the firearm must not be used except on a pastoral lease.

(7B) Under subclause (1)(ba)(ii) a person who holds 2 or more pastoral leases may nominate one individual for each lease and may nominate the same individual for more than one lease.

(7) In this clause —
approved means —
(a) approved by the Commissioner; or
(b) approved in another State or Territory under a law of that State or Territory corresponding to this clause;
barrel length in relation to a handgun means —
(a) in the case of a revolver - the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder; and
(b) in any other case - the distance from the muzzle of the barrel to the point of the breach face (including the chamber), measured with the top slide (if any) in the closed position;
pastoral lease means, as the case requires -
(a) a pastoral lease of Crown land granted under the Land Administration Act 1997 section 101 or continued under section 143 of that Act; or
(b) the land to which such a lease applies.

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

ID: Q2847

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