Police have been overruled in their attempt to take firearms off the estranged relative of a Western Australian bikie in a potential blow to the force’s interpretation of new gun laws.
Legislation which took effect last year — pitched as the toughest in the nation — gave WA Police broad powers in deciding who can hold a firearms licence.
A police officer used these powers to cancel the gun licence of a person because they were concerned that a relative, who was an outlaw motorcycle gang member, could get access to their guns.
This week, two members of the State Administrative Tribunal found there was “no proper basis” for the decision, and overturned it.
Police Commissioner Col Blanch has the power to determine whether a licence holder is a “fit and proper person”. (ABC News: Mya Kordic)
The decision rested on whether Police Commissioner Col Blanch believed the gun licence holder was a “fit and proper person”.
There is no single definition of what that means, but the commissioner has wide-ranging powers to consider everything from a person’s “views, opinions and attitudes” to their “close associates”, including relatives and business partners.
It was on this basis that a delegate of the commissioner last year cancelled the gun licence of the person, known only by the pseudonym APP.
Guns stored at mother’s home
The bikie relative — referred to as GHI — had a criminal record spanning nearly 20 years, according to the tribunal, with a “propensity towards threatening behaviour”.
Some of the guns returned during the latest buyback. (ABC News: Keane Bourke)
Police argued that both APP and GHI had “frequented” their mother’s home, where the firearms were stored, which created a risk of them being able to access the guns.
“It’s not about the pure family connection, it’s about access to the guns and frequency at the premises,” Commissioner Blanch told ABC Radio Perth.
A delegate of the commissioner cancelled the person’s firearm licence. (ABC News: Kenith Png)
APP had argued that they had no contact with GHI since 2024, there was “no prospect” of a relationship resuming and that GHI did not know about the firearms, which were concealed in a hidden safe at another family member’s home.
Police argued though it was possible the relationship could be “rekindled”, or that GHI or an associate “could threaten, intimidate and/or influence” APP or the family member to get access to the guns.
The State Administrative Tribunal set aside the cancellation of APP’s firearm licence. (ABC News: Andrew Williams)
But the tribunal rejected that assessment, referring to contradictory evidence from a police detective with “extensive experience” of outlaw gangs.
They gave evidence that members of organised crime wanted to be “well-removed” from firearms theft.
“The reason being self-evident — the more removed the club member is from the crime, the lower the chance of being detected,” the tribunal said in its decision.
“Consequently, club members are far more likely to purchase a firearm illegally or arrange for one to be stolen from someone unknown to them, as opposed to stealing or otherwise taking one from a family member.”No significant risk
The decision clarifies the limits of what consideration police can place on a person’s “close associates” when granting a licence.
How the WA man charged with plotting a terrorist act legally owned guns
The tribunal ruled there were many types of relatives and associates and that “each case will require its own assessment”.
The ultimate question, according to the tribunal, is whether there is a “significant risk” of a person’s close associate who is not a fit and proper person gaining access to the firearm.
“We find that … there is no real risk or prospect of GHI gaining access to [APP’s] firearms,” the tribunal concluded, citing the “distant” connection between the pair.
“Certainly it cannot be said that there is a significant risk.”
In a statement, a WA Police spokesperson said the force was considering whether to appeal the tribunal’s decision.
Premier Roger Cook, WA Police Assistant Commissioner and Police Minister Reece Whitby pose for a show and tell of seized weapons. (ABC News: Keane Bourke)
A state government spokesperson said WA’s firearms laws were about “ensuring the safety of all Western Australians”.
“We support the police commissioner’s role in deeming whether an individual is a fit and proper person to hold a firearms licence,” they said.
Guidelines unknown
The WA Firearms Traders Association welcomed the tribunal’s decision but said it would not be the last time the new laws were tested.
“Unfortunately we’re going to see this sort of stuff come up more and more as the platform and their powers are tested because … no-one knows the guidelines,” association president Bevan Steele said.
“They’re so loose and it’s now down to the court system and the State Administration Tribunal to try and interpret that workload.”
Mr Steele said more clarity was needed around how a “fit and proper person” was defined.