FPO and manufacturing amendments - frequently asked questions

The Amendments introduces a suite of changes to tackle serious and organised crime.  This includes the Firearm Prohibition Order Scheme and provisions to tackle the illegal manufacture of firearms. 

These reforms have arisen from recommendations from the Law Reform Commission as well as a national agreement made by the Ministerial Council for Police and Emergency Management. 

The amendments also improve the Act in general by inserting headings and modernising terms (for example removing gender references); and by aligning to the national agreement made by Police Ministers across Australia to introduce a permanent national firearms amnesty. 

Amongst other stakeholders, the Sporting Shooters Association of Australia was consulted at multiple points during the development of the amendments. This extends back to the Firearm Reforms Ministerial Working Group established in 2018.

The Sporting Shooters Association of Australia also provided a submission to the Law Reform Commission as part of the Review which contributed to the recommendations which were developed by the Commission.

WA Police Force and the Office of the Minister for Police have also recently met with the Sporting Shooters’ Association of Australia and the WA Firearm Traders Association to specifically discuss these amendments and address the concerns raised by members of these bodies.

The Amendments can be summarised into 4 key areas:

1. New Definitions.
2. Firearm Prohibition Order Scheme.
3. Illegal Manufacturing and Firearm Technology offences.
4. Permanent General Amnesty.

The amendments come into effect at different times.

The new penalties that were implanted on the theft of firearms and possession of illegal firearms came into effect on 15 July 2022, shortly after the amendments received royal assent.

The remainder of the amendments are scheduled to come into effect in November 2022.

WA Police Force has documented an increase in the number of incidents involving theft of personal firearms as well as highly organised attacks on commercial firearm dealers.

This has resulted in hundreds of handguns and rifles being stolen for sale to and use in further serious criminal activity. Some of these attacks have been linked to Outlaw Motorcycle Gangs. Stolen firearms being in the hands of gang members is a serious concern for community safety.

The amendments change section 378 of The Criminal Code so that the offence for stealing a firearm is considered a ‘special circumstance’ with a maximum penalty of 14 years imprisonment. This will double the current maximum penalty of 7 years imprisonment.

Further to this, the amendments also change section 417A of The Criminal Code. This section relates to a person who is in possession of a thing that is stolen or otherwise unlawfully obtained.

This offence generally comes with a maximum penalty of 7 years imprisonment (summary conviction penalty: imprisonment for 2 years and fine of $24 000); however, now if the stolen/unlawfully obtained thing is a firearm, then special circumstances apply, resulting in a maximum penalty of 10 years imprisonment.

Recommendation 24 of the Law Reform Commission’s final report was to amend the definition of ammunition. 

This enlivens this recommendation by redefining ammunition to include anything made or modified specifically as a component for discharge from a firearm; and to exclude specific items such as paintball pellets, spent primers and spent casings.

The term ‘discharge’ is used as not all ammunition are ‘fired’ by a firearm.

Regulation-making power: The definition of ammunition will be future proofed by the inclusion of a power to make regulations to further include or exclude anything from the definition. This enables WA Police Force to respond to any emergent concerns that are not evident right now. For example, a person may develop new railgun technology and some components might need to be included within the definition, and some might not.

• Cartridge: pre-assembled ammunition packaging a projectile, a propellant substance (smokeless powder or black powder) and an ignition device (primer) within a metallic, paper, or plastic case that is made to fit within the barrel chamber of a firearm. 
• Projectile: bullet, shot, slug.
• Primer: a cap containing a compound which responds to friction or an electrical impulse and ignites the charge in a cartridge or explosive.
• Inert cartridge: cartridge that does not contain a primer or propellent.
• Dummy or drill round: an inert round that contains no propellant or primer used to check firearm function.
• Inert cartridges, dummy rounds, drill rounds are specifically excluded from the definition of ammunition unless they contain any primer, propellant or explosive discharge. This is to ensure they are subject to storage requirements.
• Railgun technology: a linear motor device that uses electromagnetic force to launch a projectile instead of a primer and propellant. The electromagnetic effects of a current flows down one rail, into an armature and then back along the other rail, accelerating the armature to launch a projectile at high velocity. 

The amendments action three of the Law Reform Commission’s recommendations relating to the definition of firearm (recommendations 3, 18 and 19). The current definition of a firearm in the Firearms Act 1973 uses confusing language and gives rise to mixed messages and unintended consequences. 

For example, one interpretation includes industrial tools, toys and novelties within the definition of a firearm whilst a separate interpretation excludes everything that isn’t a lethal firearm or weapon of war.

The proposed definition of a firearm has been amended to resolve this confusion, removing known anomalies from the definition whilst capturing those firearms that are inoperable but can be adapted to become operable; not assembled or separated into parts; or missing a part and is incomplete. 

A firearm that is incomplete, inoperable and disassembled is not captured by the current definition.

• Permanently inoperable firearms are excluded from the proposed definition, as public monuments may inadvertently be captured as a firearm. The definition does refer to ‘operable or inoperable’ devices that are ‘capable of being modified to discharge a bullet’.  This is worded in this way to include a ‘temporarily inoperable firearm’ that can still be converted into an operable firearm. A permanently inoperable firearm should not be ‘capable of being modified to discharge a bullet’, hence would not be captured under the definition. 
• Kiln gun: The word ‘specifically’ is used because kiln guns are in fact shot guns that have been specifically constructed for knocking out or down solid materials in kilns etc. If these shot guns have not been specifically constructed for their purpose, they are shot guns and we do not want to provide people with the leverage to obtain normal shot guns. 
• Children’s toys: A number of problematic firearms entering Australia are marketed as toys for adults (which is specified on their packaging). Some of these ‘adult toys’ are capable of causing extreme injury or death, and should be captured within the definition of a firearm. Accordingly, the term ‘child’s toy’ is used to capture the appropriate toys excluded from the definition, such as nerf guns, water pistols etc. A child’s toy that has been modified to discharge a projectile that is capable of causing physical harm is not excluded from the definition of a firearm. 
• Regulations: A provision to allow anything to be excluded from the definition of a firearm by way of regulations will future proof the definition for new technologies which may be developed for innocent purposes, and to allow for any items unintentionally captured by the definition to be explicitly excluded.

A missile is something that is capable of causing physical injuries to a person. A projectile does not necessarily cause physical harm, but if used incorrectly could cause physical harm. For this reason, the terms missile and projectile have both been included in the definition of a firearm.

The definition of ‘major firearm part’ has been incorporated into the amendments in accordance with recommendations 9 and 11 of the Law Reform Commission Review into the Firearms Act 1973.

There are various firearm parts that, while not an operational firearm, still require some oversight. Major firearm parts can be used to improve the performance of a firearm, to change the calibre, and to identify a firearm. A major firearm part that did not come from the original firearm will have a different serial number. 

Major firearms parts can be used to replace a similar part in an existing firearm or, together with other parts, used to create a new firearm. It is also possible that an existing firearm could be broken down into parts, hidden in parts, and be bought and sold in parts.

Previously, individual members of Outlaw Motorcycle Club Gangs (OMCGs) could possess major firearm parts, and not automatically commit an offence.

The phrase ‘made or modified for use in a firearm’ is included for completeness to ensure items including friction assembly and gas pistons that can have nothing to do with firearms (for example pool scoops) are not captured within the definition, unless they have been ‘made or modified’ specifically for use in a firearm.

• Friction Assembly: portion of the firearm chassis that enables extension/retraction and locking mechanism of sections of the firearm to better fit the user.
• Gas Piston: portion of high-pressure gas from the cartridge being fired is used to power a piston to dispose of the spent case and insert a new cartridge into the chamber.
• Action Bar: or slide bar on a pump-action shotgun or a handgun slide.
• Breech Bolt: mechanism which opens and closes the breech in a carbine, machine gun, rifle, and the like; designed to push a cartridge into the chamber by sliding action.
• Breech Block: part of the firearm action that closes the breech of a weapon at the moment of firing.
• Breech: the end of the barrel attached to the action.

A barrel made for use in a firearm is a major firearm part. If a barrel is unserialised and has been manufactured or purchased to be used with a particular firearm, it should then be serialised to that firearm. The manufacturer or dealer that provides the barrel to the purchaser would ensure that it is stamped with the required serial number.

A damaged barrel would be dealt with under section 16B of the legislation (approval in relation to replacement or additional major firearm parts). 

‘Magazine’ is included within the definition of a ‘major firearm part’ in accordance with recommendation 11 of the Law Reform Commission Review into the Firearms Act 1973.

A licence holder is required to store magazines in compliance with storage requirements under the regulations. So as long as it is a magazine capable of use in the particular firearm that is licensed, a person can have as many magazines as they want.

Separate to other kinds of major firearm parts, a magazine is excluded from certain provisions given magazines do not have serial numbers. For clarity, a magazine is excluded from the requirement to be listed on a licence as a replacement or additional major firearm part.

It is also intended to exclude magazines from the reporting requirements of dealers - this will be incorporated into the regulation changes that will be made to support the changes to the Act.

No. Firearms generally have the same serial numbers for all parts that come with it. Major firearm parts that are replacement or additional parts, which did not come with the original firearm, will require approval and can be serialised to match the existing firearm or alternatively listed as additional parts for the firearm on the existing licence.

Recommendation 12 of the Law Reform Commission’s Final Report was to introduce a definition of prohibited firearm accessory. The amendments incorporate this recommendation.

When a firearm accessory is attached to a firearm, the combination can create a firearm with vastly different performance or characteristics. 

There are currently no restrictions on the sale of parts such as collapsible stocks and chassis carbine kits. The WA Police Force has advised that issues have also arisen regarding conversion kits and solvent traps. 

Certain firearm accessories should be prohibited due to the dangerous nature of the accessory and the need to exercise special precautions.

The South Australian Firearms Regulations 2017 defines a prohibited firearm accessory in relation to any device/ item that might modify or convert a firearm to have burst or bump fire, or semi-automatic capabilities. 

This is similar to the definition of a firearm accessory in the Commonwealth Customs (Prohibited Imports) Regulations 1956, in which a firearm accessory is defined specifically in relation to any device/ item that might modify or convert a firearm to have burst fire and semi or fully automatic capabilities, as well as a device that is designed to reduce the noise of discharge of the firearm.

The following are listed as prohibited firearm accessories by these amendments:

• Bump stock: gun stocks that assist in bump firing. Bump firing is the use of recoil to fire ammunition in rapid succession.
• Folding stock: gun stock that can be folded up, making it easier to conceal and transport a firearm such as a rifle or shotgun.
• Detachable stock: gun stock that can be detached and reattached with ease, making it easier to conceal and transport a firearm such as a rifle or shotgun.
• Chassis carbine kit: a frame or kit that may be used to convert a small semi-automatic pistol or handgun into a firearm that may be fired from the shoulder.

Yes, people really should not have major firearm parts lying around. In the event that they do, they are required to seek approval from the Commissioner under the new section 16B. The majority of these approvals will an administrative process only, unless the major firearm part is a barrel.

Licence holders will continue to be able to modify their firearms with the addition of various firearms accessories such as picatinny rails, bipods and scopes.

Under section 16B, any person, including a competition shooter, can also seek to get approval for additional major firearm parts for the firearm they are licenced to possess.

In October 2018, the Ministerial Council for Police and Emergency Management supported a recommendation to adopt nationally consistent legislation to deal with the illegal manufacture of firearms and firearms parts.

The current provision regarding unlawful manufacture and repair of firearms or ammunition is limited and the amendments will capture a broader suite of activities to align to the nationally consistent approach.

Additionally, the penalty for these activities has been increased to adequately reflect the seriousness of the harm and the danger they pose to community safety.

The new provisions will also ensure that those persons who participate in these activities through funding or provision of equipment or premises are equally as responsible as the person/s who were physically doing the illegal manufacture.

Firearm licence holders should not be manufacturing parts for their firearms.  The manufacture of firearms components is something that requires specific knowledge, skills and experience which is why persons require a license for that activity.

The manufacture of something like a spring may seem relatively innocuous however, placement of the wrong part within a firearm can lead to deadly malfunctioning and must be strictly controlled.

WA Police Force recognises that licenced firearms owners may want more clarity on what maintenance activities they are able to do on their own firearms without it constituting a ‘repair’ under the legislation.

Licence holders should refer to the manufacturer's guidelines for their particular firearm and / or refer to Licensing Services for guidance.

Personal firearm licence holders have always been allowed to reload ammunition for firearms listed on their licence for personal use.  They cannot reload ammunition for calibres not on their licence and cannot reload ammunition for supply or sale to others.

There has been no change to the existing policy position that would prevent a personal firearm licence holder from continuing to reload ammunition for their own personal use.

Unlawful manufacturing of firearms is a burgeoning activity that requires comprehensive and strict controls and penalties. The Ministerial Council of Police and Emergency Management recognised the need for this and approved the implementation of significant improvements to legislation across Australia related to these activities.

The act of manufacturing individual parts creates the same risk to the community as manufacturing a whole firearm.  A lower penalty would simply encourage those involved in these illegal activities to ‘split-up’ the manufacturing process thereby lowering the penalty if convicted, and increasing the difficulty of enforcement actions against them.

The penalty imposed under the new provisions for unlawful manufacturing has been determined based on contemporary legislation across Australia, and is in line with other statutes within Western Australia.

The penalty related to manufacturing offences considers the wilful actions of the person to create an item or multiple items that can then be disseminated to multiple end users availing themselves of the unlawful trade. This level of risk to community safety is a key consideration in the level of penalty provided.

The amendments do not change the concept of repair (or manufacture) from what it has always been, with the exception of including major firearm parts and firearms technology to the scope of what can be added to certain licences.

The activity of welding items to a firearm or replacement of stocks are such cases where the firearm should be dealt with by a licensed suitably qualified professional. This ensures the safety of the firearm owner and anyone else who may have approval to use the firearm.

WA Police Force recognises that licenced firearms owners may want more clarity on what maintenance activities they are able to do on their own firearms without it constituting a ‘repair’ or ‘manufacture’ under the legislation.  Licence holders should refer to the manufacturers guidelines on care and maintenance of their firearms and / or contact Licensing Services.

Maintenance and cleaning is not by definition, repair work.  Licence holders will still be entitled to field strip the firearm listed on their licence to ensure the proper and safe functioning of their firearms.  This includes cleaning the associated parts and then reassembling them.

WA Police Force have an ongoing policy position of allowing licensed firearms owners to undertake the care and maintenance of their firearms in line with the manufacturers guidelines as long as it does not impact the safe operation of their firearms.  Any work to be carried out on a firearm to ‘fix’ that firearm is a repair and should always be carried out by a suitably qualified and licensed repairer.  Licence holders should always err on the side of caution in referring work that is not maintenance under the manufacturer’s guidelines to a licensed repairer.

WA Police Force has already provided the below information to the Sporting Shooters Association of Australia to reassure firearms owners of what they can do to their firearms:

Can do:

• Strip and Assemble – is considered part of the normal cleaning and maintenance of a firearm when done in accordance with the manufacturer’s guidelines/instructions.
• Minor adjustments – changing the alignment of sights, accessory rails and similar attachments to a firearm do not require a repairer’s licence.
• Changing grips – the ‘like-for-like’ replacement of grips on a firearm does not require a licence.  However, any changing of grips that will alter the function of a firearm from when it was originally licensed should be checked with the regulator to determine if an approval or licence is required.

Can’t do:

• Adjust a factory adjustable trigger assembly – changing or adjusting the operation of a trigger assembly is an action that requires a repairer’s licence.

Repairs involve fixing or rectification of broken functions of the firearm that require more than simple field stripping and cleaning. Repairs to firearms have always necessitated a licence to undertake them, this has not changed with these amendments.

If licence holders are unsure of the extent to which they can go in maintaining their firearm they should refer to the user’s manual that relates to that firearm as provided by the original manufacturer, reference to a licensed repairer for advice or contact Licensing Services.

Yes.

Milling and moulding devices (and lathes) are not specified to be ‘firearms technology’ in the amendments.  These devices are listed as being equipment or machinery that if programmed or configured to carry out a step in the manufacture or repair of a firearm or related part, would then be considered firearms technology.

This ensures that if these devices are being used for legitimate, non-firearms related purposes, then they are not considered to be ‘firearms technology’.

Under the new s 23AF, it is an offence to possess a firearms precursor for the purpose of participating in firearms activity. This constitutes a crime under s 23AF(2), as outlined under s 23AF(3)(d).

It is also an offence to be in possession of firearms technology, under s 23AH(1).  The offences do not apply if a person has been authorised to be in possession of technology or precursors by a licence under the Act.

Any firearms technology circulating in the community is a risk to community safety, especially when it is in the hands of serious and organised criminal groups. The intent of the amendments is to ensure that private citizens do not have holdings of firearms technology unless they have the appropriate licence or approval. 

If private citizens are in possession of any designs, technical drawings or instructions without an approval then they will be captured under the new offence provisions. As with any offence, police will have discretion and will consider the circumstances involved in each instance of possession of unauthorised firearms technology.

The amendments make provisions for personal service of FPOs. This is to ensure the prohibited person is immediately made aware of the order and to give police the opportunity to quickly search and seize any firearms, ammunition, or major firearms parts that might be in the possession of the prohibited person. 

This also ensures the prohibited person is readily served and is thus prevented from acting in a way that potentially would compromise community safety.

WA Police Force has a number of policies that provide guidance to officers when dealing with people whose ability to communicate may be affected and who may have difficulty understanding what is said to them, such as people who are not fluent in English. 

These policies provide advice about a range of scenarios, for example when to engage interpreters and/or relevant support people.

A person who is subject to a FPO is to immediately surrender their firearms, major firearm parts, ammunition to a serving police officer. If a person is not able to surrender immediately due to the items being located else-where, the person will need to provide details of the location of the items to police, to allow police to obtain the items and surrender them to the nearest police station. 

Once the FPO is served, these firearms become unlicensed and we need to avoid them disappearing into the black market.

It is considered necessary to provide for the use of reasonable force where extensions to ordinary police powers are provided, such as with the FPO scheme.  

All use of force powers contained within the new section being introduced by the amendments are no more extensive than those under the Criminal Investigation Act 2006 and police officers are aware that the use of force provisions under the Criminal Investigation Act 2006 still apply when using these powers.

It is integral that police officers can immediately go to a place and seize firearms and related items without a search warrant, before the prohibited person has the chance to move the firearms or related items.

Police need the powers at any location to enable them the power of entry, search and seizure to any place where they reasonably suspect the firearms or related items are located. The power is limited to the specific items that are sought.

Regardless of the information provided by the prohibited person – i.e. if they state the firearms or related items are not at their current address or provide a different address – WA Police Force will take necessary steps based on intelligence information and search that person’s current address immediately to ensure they aren’t hiding firearms or related items at the address.

The amnesty provisions arose from a national agreement made by Police Ministers across Australia to introduce a permanent national firearms amnesty from 1 July 2021. Whilst the amnesty is national, arrangements for the surrender of firearms and parts are managed by individual states and territories.

The amnesty amendments to the Act will provide a framework to enact the national amnesty by enabling members of the WA community to hand in any unlicensed firearms, major firearm parts, prohibited firearm accessories, sound suppressors (i.e. silencers) and ammunition, without fear of prosecution. 

WA Police Force has previously seen great success in amnesties. During the 2017 national firearms amnesty, approximately 57 000 unlicensed firearms were surrendered across Australia, with 1 242 firearms surrendered in Western Australia.

WA Police Force advise that initially the amnesty locations will be limited to police stations. Under s 33A, the Commissioner has the power to approve additional locations for the surrender of firearms and associated items, however WA Police Force will be developing processes and guidelines before any additional locations are approved. 

This will ensure that there is clear guidance to any approved location that surrendered items are provided to WA Police Force and not to be included in stock and subsequently resold.