Primary producers firearms licence: Setting the record straight

Recent discussions on social media regarding the August 30, 2024, letter from the WA Police Firearms Reform Division have generated significant interest and some confusion.

Much of this confusion could have been avoided if people had followed the advice at the bottom of the letter and visited the Police Firearms website for further information (https://www.police.wa.gov.au/About-Us/Our-Agency/Police-Licensing-Services/Firearms-Licensing/Firearms-Act-Reform), or emailing the Police directly at FirearmsActReform@police.wa.gov.au.

Still, some individuals struggle with navigating the web, though they seem quite adept at social media, spending hours reinforcing their own views while taking swipes at those they disagree with.

For those who fit this description and have convinced themselves that my counterpart at the Pastoralists and Graziers Association (PGA), Sheldon Mumby, and I are mere puppets of the Police Minister, all I can say is to revisit the eight articles I’ve published in the Farm Weekly, Countryman, and The West Australian reviewing the Government’s new Firearms Bill.

These articles outline both peak bodies’ steadfast opposition to several key changes being introduced, particularly those impacting rural communities and primary producers. However, we also live in the real world of politics and recognise the weak political hand we’ve had to play, with little community support for firearms and the Opposition largely staying out of the debate — at least until the The Nationals WA recently woke up.

Addressing misconceptions and setting priorities

Once again, I will remind readers and our detractors, the one consistent concern we have missed is the cap on firearms.

I have repeatedly pointed out that there is no empirical evidence to suggest that capping the number of firearms reduces community risk, unless that cap is zero. You can only use one firearm at a time, and it only takes one to blow yours or someone else’s brains out, so what’s the point of capping recreational, sporting of primary producers at 5 or 10 weapons each? It does not pass the pub test.

While the Government’s heavy-handed restrictions undoubtedly impact the enjoyment and utility of firearms for passionate shooters, many of whom play an important role in vermin control, the fact remains that we don’t represent them – we represent primary producers.

It was up to the recreational shooting community to voice their concerns on this matter and convince the Government and Opposition to support their position, something they’ve clearly failed to do.

As for primary producers, we recognised that justifying the need for more than 10 firearms as a tool of trade could be challenging.

After extensive negotiations, which started at a cap of 3 firearms (not 10 as some claim) for all we negotiated our way up to a cap of 10 firearms for primary producers, a number that balances practicality with regulatory concerns.

In addition, we have raised concerns over how the Government will define what calibre of firearms will be linked to each property depending on size and location and how many licences, both recreational and for primary producers, will be allocated.

To date we have been given no details of what formulas the firearms branch will use.

We, in collaboration with other regional stakeholders, continue to lobby Government to ensure your voices are heard, something that has made significant difference to outcomes so far.

It’s important to remember that the finer detalls of the new regulations, due at the end of the year, will determine the impact of these changes.

We hope to be given the opportunity to review these regulations before they reach Parliament to address any unworkable provisions.

Should this not occur, and they are unfair or unworkable and the Government forces through the new regulations unchanged we will encourage the Liberal and National parties to present a coherent Firearms Policy in the next election.

However, we also recognise that the Liberals are literally gun shy when it comes to the public’s aversion to firearms amidst all too frequent fatal: shootings.

No doubt the Shooters, Fishers and Farmers WA party will continue to push their policies, such as advocating for the use of silencers – good luck with that. In the meantime, in between posting on social media wild conspiracy theories against Sheldon and myself, they might first consider removing the posted invitation for members to attend their AGM set for October 21, 2023, at the Albion Hotel. For their benefit it’s now 2024.

What we know about the new Act:

1. The Act: Has passed, all 270 pages of it.
2. The Regulations: Won’t be ready until the end of the year. WAFarmers and the PGA continue to lobby strongly with the Government to ensure the best outcomes for our members
3. Implementation: The new Act and Regulations are expected to come into effect early next year, With a 12-24 month transition period for most requirements and years for Health Assessments.
4. Mental health checks: New applicants will need to undertake a mental health check which includes a mental health component. Existing holders will also need to undergo a mental health check during the 5 years after the laws commence, with an expectation that the ongoing health checks will occur every 5 years from the date of the original check. Costs will be set by whichever medical practitioner you choose to have conduct the assessment, although details regarding scope, frequency, and cost have not yet been determined. It’s expected to be similar to the checks required for commercial truck drivers or recreational pilots.
5. Cap on firearms:
   – Primary producers will be capped at 10 firearms, which can also be used for hunting or target shooting by the licensee
   – Recreational shooters will be capped at 5, which can be used for hunting or target shooting
   – Sporting competition shooters will be capped at 10, which can be used for competitions
   – A primary producer who is also a recreational shooter will be capped at a total of 10
   – A primary producer who is also a member or local gun club will be able to have 10 (primary producer guns) + 10 (competition guns on a separate licence) firearms, a total of 20.
6. Property and sporting club letters: Old letters will be cancelled in 2025. New Written Authorities for recreational shooters will be limited by the number and size of the property will be will be set out in the Regulations with and feral pest problem in that region amongst other factors specific to the property that will be assessed.
7. Transitional licences: Existing recreational licences will run through until their renewal date. Prior to renewal each licence will need to transition to the new licence type applicable including obtaining a transitional licence will be issued while owners seck new Written Authorities from either a property owner or a sporting club.
8. Feral animals: The calibre of firearms will be restricted to the type of feral animals in the region/district and will need to be detailed as part of the application for a Primary Producers or Recreational Shooters Licence.
9. Primary Producer Licence: Is effectively a multi purpose licence allowing hunting, livestock management, and sporting target shooting. There can be more than one Primary Producer Licence per property, and firearms may be used by authorised family members, workers, or managers. The licensee and authorised persons will be able to use the 10 firearms under this licence on their own property for primary production purposes, or on any other primary production land for those purposes provided the other landowner allows that lifting the current restriction on helping your neighbour on their farm.
10. Landholders: Defined as those in control of the land, including leaseholders.
11. Organised feral animal shoots: Will still be able to take place once written authority is provided between the parties. Discussions continue on whether this should be registered online but will likely be in the form of temporary permission issued to existing licence holders to shoot on a property at a particular timeframe.
12. Target shooting on a property: Remains the same as the existing law; however, recreational shooters need a property letter or soon-to-be Written Authority. Recreational shooters can’t apply just to target shoot on a property; there must be a link to feral animal control. Target shooting can take place in addition to feral animal control. 
    

What we don’t know

1. Property size and location: The number and type of firearms approved including written authorities given to recreational shooters will be limited by the property size and location. This will likely have a standard number applied with the discretion to increase either the type of firearm or the number of authorities based upon specific circumstances of the property (e.g. requirement of a 200-acre feedlot, versus a 200-acre market garden) How restrictive this will be will be set out in the Regulations with a level of discretion afforded the Police for flexibility to meet requirements. or let to the discretion of the Police.
2. Storage: Storage for 5 or less Category A or B firearms is likely to remain the same, unless you obtain a new gun. Changes are likely for Category C or handguns, and those stored in buildings that are not used as a residence. No changes unless you buy a new gun. The specific new requirements will be outlined in the Regulations.
3. Registration of property: Primary producers will need to register their property via the MyGov website using their Landgate ID Certificate of Title number which can be obtained free of charge from the Map Viewer Plus page of the Landgate website. Land is registered as individual lots but can be combined to issue Written Authorities for more powerful firearms as required. This will also provide property occupiers an automatic Written Authority for their own associated licence (this requirement exists under the current licensing processes Act).
4. Primary producers per property: There is no limit to the number of primary producers per property, an amendment to the new Act that we were successful in progressing with the Government. The exact requirements to obtain a Primary Producers Licence will be known in the Regulations. How many primary producers can be linked to each property and how it will be determined is unknown. For example, three families involved in one property of say 2000 hectares will be restricted to what combination of primary producer and recreational licenses is an unknown.

Addressing accusations and supporting WAFarmers

WAFarmers and the PGA have consistently argued for evidence-based policy rather than reactionary measures that do little to improve public safety while imposing unnecessary burdens on responsible firearm owners.

Central to this is ensuring that primary producers were treated as a separate category in firearms licensing since they use firearms as tools in the course of their daily activities.

As the conversation around these reforms continues, we remain committed to ensuring that the voices of primary producers and responsible shooters are heard through respectful discussion with the Minister and the Police and that any new regulations are both practical and fair.

Ultimately, the devil will be in the details of the Regulations, but we have no reason to doubt that the Government will continue to listen to the industry. We will keep you posted.  

Related story: What about the war against vermin? The WA firearms debate