Estranged brother of WA bikie wins appeal after gun licence revoked

The estranged brother of a West Australian bikie has successfully challenged a decision to revoke his gun licence, arguing he hadn’t spoken to his sibling in two years.

The case came before the State Administrative Tribunal earlier this month, after the WA police commissioner took the man’s gun licence away following a domestic violence incident at a house in August last year.

WA Police said they seized firearms from the property as is standard protocol, and further investigation into the incident found the man’s sibling was a member of an outlaw motorcycle gang who had previously been charged with firearms offences.

Police argued the connection meant the man, who can’t be named due to legal reasons, was not a fit and proper person to hold a firearm licence under the act due to his alleged association with his sibling.

However, the applicant argued he had not had any contact with his sibling since 2024, and the bikie was unaware he even kept firearms.

Police argued they could not rely on the applicant’s evidence, as he could be misleading the tribunal, and there was also a risk the applicant and his sibling could rekindle their relationship at some point.

“It is also possible that [the bikie or his associates] could threaten, intimidate or influence … the applicant,” the tribunal’s judgment, published earlier this week, said.

“[The bikie] could manipulate these relationships to influence and ultimately obtain access to the applicant’s firearms.”

Police said a background check of the applicant after the family violence incident in August found he had been “stopped in company with several members of the club” in late 2013 – including his sibling.

“Accordingly, it is not desirable, nor in the interests of public safety, for the applicant to hold the licence,” police argued.

The State Administrative Tribunal ultimately disagreed with the decision to revoke the man’s licence, and determined he was in fact a fit and proper person under the meaning of the act.

However, the authority issued an important caveat.

“It is also the case that the applicant is very much on notice that should they reconcile, or even be seen with [the bikie] in the future, it is very likely that the Commissioner will act pursuant to their powers ... to review their standing as a fit and proper person,” the judgment said.

“It is only because of the remoteness of both the applicant’s... physical and emotional relationship with [the bikie] that we are satisfied that there is, at this time, no realistic risk of [the bikie] accessing the firearms.”

WA Police Commissioner Col Blanch said the decision revealed WA’s firearm laws were working as intended.

“I am authorised under the Firearms Act of 2024 to make those decisions, or one of my delegates can,” he said.

“The [tribunal] has the full authority to look at the circumstances and decide otherwise.

“That has happened in this case – my response would be, that’s exactly how the system is designed to work.”

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