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Why WA’s gun laws may become a road map for the rest of the nation
In March 2022, former WA premier Mark McGowan joined WA Police top brass at a gun range in Perth’s south, where media were shown a live firing of a .50 calibre long-range rifle.
Several other high-powered long arms and handguns were on display that day, and earlier, police distributed maps to media of Perth showing how widespread gun ownership was in the city.
These media stunts signalled the start of the Labor government’s lengthy gun law reform program.
Those reforms may now become a road map for the rest of the nation following the Bondi Beach mass shooting on Sunday.
What prompted WA’s gun law reforms?
The NSW government is preparing to embark on gun reforms to prevent legally owned guns from being used in such a heinous act of terror.
But while terrorism ignited the latest calls for gun reform, WA’s gun law shakeup was driven by shocking acts of domestic violence and organised crime.
The first incident was the shooting murders of Katrina Miles, her four young children and her mother Cynda by her father Peter, who then turned his gun on himself at their property near Margaret River in May 2018.
At the time, those murders were the worst mass shooting event in Australia since the 1996 Port Arthur massacre.
Less than two years later, in December 2020 families attending the Perth Motorplex witnessed the gruesome public execution of Rebels bikie boss Nick Martin by a sniper who took the shot from hundreds of metres away.
One of the guns on display at March 2022 event was similar to the rifle used by the sniper, and it was these events that emboldened the McGowan government to press ahead with gun law reform despite significant opposition from firearms groups.
The McGowan and Cook government’s pursuit of reforms gained more momentum during the following two the new laws were drafted, as more shocking gun incidents took place.
In May 2023, the first-ever school shooting in WA took place in Two Rocks north of Perth when a 15-year-old took one of his father’s legally owned rifles and fired three shots at the Atlantis Beach Baptist College north of Perth.
In September that year, Lachlan Bowles used his legally owned gun to shoot dead his work colleague Terry Czernowski at a grain silo in the Wheatbelt town of Kellerberrin, before he eventually turned the gun on himself after a police siege.
By May 2024, the new laws were being readied for passage through parliament, but the shocking double murder of Jennifer and Gretl Petelczyc at their Floreat home by Mark Bombara prompted the addition of further restrictions, including the introduction of mandatory seizures of firearms when allegations of domestic violence were reported against a licence holder.
Bombara legally owned 13 guns under various licence categories, including handguns under a collector’s licence.
Why are WA’s gun laws considered the toughest in the nation?
The Cook government hailed its new laws, which came into effect in March this year, as the nation’s toughest.
Buybacks of guns ahead of the laws taking effect saw the destruction of more than 70,000 guns out of an initial 360,000.
The broader powers of police have already been used on a mass scale with WA Police seizing 100 guns during October raids on so-called “sovereign citizens” following the shooting deaths of two Victorian officers.
WA’s new gun laws
- Capping the number of guns able to be owned to five under hunting licences and up to 10 for farming and gun club licences;
- Banning more than 50 types of weapons, including high-powered rifles and rapid-release firearms, as well as certain types of ammo and silencers;
- Broader powers for WA Police to remove guns from anyone they deem not a “fit and proper person” to hold a licence, this includes the ability to remove guns from someone with an association of a person on police radar;
- Mandatory disqualification of gun licences for people subject to restraining orders or anyone who has committed an offence where the minimum prison sentence is five years and
- Mental and physical health checks every five years.
At least five of those gun owners are fighting for the return of their weapons in the State Administrative Tribunal.
Was it all smooth sailing?
WA’s gun reforms have been beset with issues even before their rollout.
The initial decision to hand out maps showing gun ownership in Perth was fraught with controversy, with gun groups claiming they could be used to identify firearm owners.
The health check requirement also drew the ire of medical bodies concerned about the ability of GPs to process so many checks for tens of thousands of gun licence holders.
The rollout since March has also been plagued by controversy, thanks to major technical issues with the gun ownership portal.
In April, Police Minister Reece Whitby issued an apology to gun owners for the inconvenience caused.
Despite these issues, the reform sailed through parliament due to Labor’s control of both the upper and lower houses.
This week, Whitby maintained the laws were worth it for community safety, and they would help inform national gun reform.
“We’ve gone through a process that hasn’t always been easy, but we’re making progress, and we’ve come up with what are the nation’s leading laws, and I think it’s really an opportunity for us to say we’re ready to help,” he said.
What role will WA’s laws play in national reform?
WA Police Commissioner Col Blanch believed WA’s firearms laws would have given him the ability to remove guns like those used in the Bondi terrorist attack.
“What I do know is that we have the strongest firearm laws in the country, and early indications are there are some elements of our Firearms Act that would have prevented anyone from having those firearms in the circumstance in which they had,” he said this week.
“Now, I’m not saying that would have prevented the attack ... we just don’t want firearms in the wrong hands and I think we all know from what we’ve just witnessed ... the attack on Australia, the attack on the Jewish community, those firearms were in the wrong hands.”
Thanks to the advanced state of WA’s gun laws, Premier Roger Cook will lead the national gun law reform response alongside NSW Premier Chris Minns.
Minns flagged on Wednesday that the NSW laws would go further than WA’s, including removing appeals mechanisms and smaller caps on guns.
“At the moment, NSW Police routinely yank licenses from gun holders and licence holders that they suspect or fear are a threat to the community. Those appeals are heard in NCAT, and police’s objections are often overturned,” Minns said.
“Certainly, Western Australia is leading the country at five. But I think that’s too many,” he said.
Where are there still holes?
Cook said not every aspect of WA’s gun laws would transfer to the rest of the nation.
“I would never say that what we do in WA is fit for everyone, and I would never say that our workaround gun law reform is complete, but we have had got some recent experience, and obviously, we’ll bring that experience to bear in those conversations,” he said.
He said he was most keen to see the federal government intervene on the types of guns allowed to be brought into the country and for intelligence sharing to improve between agencies.
If you or someone you know is struggling with mental health call Lifeline, 13 11 14.