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The Firearms Act 1973 (WA) defines several offences, including the misuse, illegal ownership, and improper storage of firearms. If you do not follow its terms, the police may confiscate your weapons and you may be prosecuted for firearms offences. Your weapons license might be revoked as well.
If an individual is convicted in a Western Australian court for a firearms offence, the offence will show up as a disclosable court outcome (DCO) on a Western Australian Criminal History Check result.
Several general weapons offences are included in Section 23 of the Firearms Act 1973 (WA).
These are some of the offences:
Fines and jail terms are often imposed for the inappropriate use, ownership, and storage of a firearm or weapon. On the other hand, these accusations often pertain to items you would not have considered weapons, such as a knife or a shattered bottle.
Possessing, purchasing, selling, or carrying guns without a license is illegal. In situations involving the unlawful sale of more than three guns, a conviction for this crime may result in a sentence of up to 14 years in jail as per Section 19 of the Firearms Act 1973 (WA).
However, possessing, purchasing, selling, or carrying guns while holding a firearms license that has expired but is renewable is a minor offence and is punished by a fine of up to $2000.
A person with a firearms licence must guarantee that all weapons are kept per Schedule four of the Firearms Regulations 1974 (WA). The Schedule mandates that weapons be kept in a steel cabinet that is not less than 2mm thick, lockable, and fastened to two or more fixed objects from the inside.
It is illegal for a person in charge of a weapon to fail to provide and utilize suitable storage facilities or to conform to security standards for the storage of a firearm, according to Section 23(9) of the Firearms Act 1973 (WA). A $2,000 is the maximum punishment for a first offence, and a fine of $4,000 or a year in jail is the jail term for a second or subsequent offence.
The police may use a Weapons Infringement to prosecute the broad firearms offences outlined above. It implies that you will be fined on the spot by the cops. You will not have to appear in court and have a criminal record if you pay the total amount of the penalty on time. Thus, the police have the option to issue a Firearms Infringement or take the offender to court.
If you get a Firearms Infringement and do not feel you are liable for the offence, you may ask Licensing Services to have the case heard by a court.
In Western Australia, illegally possessing prohibited guns may result in a variety of penalties.
A person who the court finds guilty of possessing a prohibited weapon or arranges for prohibited weapons to be brought into the state of WA or manufactures, sells, or supplies a prohibited weapon is guilty of this offence. If found guilty of this crime, a person is liable to imprisonment for up to 3 years.
Anybody who is found to have a restricted or banned weapon in Western Australia may be placed with heavy fines.
If the offence is a first offence and minor, the court may pass a guilty verdict but postpone the sentence.
A suspended sentence does not go into effect immediately. If you get a suspended sentence, you don't have to go to jail and may go back to your community. If you break a suspended sentence, you will be sent to jail to serve it.
Among the conditions for suspending the offence are:
A community-based order allows criminals to curtail criminal behaviour.
It allows courts to manage criminals in the community. Not all offences warrant incarceration to safeguard the community.
A community-based order may include a mandate to complete community service, allowing offenders to serve the community while helping themselves. Department officials manage the order.
In addition to the community-based order, the court may issue a "spent convictions" order. Except in rare circumstances, the offender is not obligated to divulge the specifics of the conviction after executing the court order.
With a community-based order, offenders may remain with their families, keep their employment, or search for work. It implies they can live as normally as possible while adhering to the court order.
A community-based order may require between 40 and 120 hours of community service. You must work a minimum of 12 hours per week. An offender may be obliged to work with an organisation or join a group of other offenders working on outdoor community projects.
Any violation of a community-based order will result in a "breach report" and a re-trial. Offenders may be re-sentenced for their initial offences and lose their community-based alternative. Any other offences will be prosecuted and may result in a punishment.
The punishment is complete when the order's term ends without a breach. If the court rules that a "spent conviction" is acceptable, The police department will clear the offender's record after meeting all that pertains to the court order. If not, the offender will have a record.
The court may release offenders with or without a surety. Sureties promise or deposit money with the court to ensure the criminal does not re-offend.
Generally, this allegation is defended by denying some part of the offence. Among them are:
However, possession, carry, or use of restricted firearms for self-defence is not a defence.
If an individual is found guilty of a firearms offence in WA, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal background check.
Individuals can obtain a criminal history check online via the Australian National Character Check - ANCC® website.
Firearms Act 1973 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_339_homepage.html
Firearms Regulations 1974 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1453_homepage.html
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