Why WA’s gun laws may become a road map for the rest of the nation

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.

Jennifer Petelczyc and daughter Gretl Petelczyc

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.

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.

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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.

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“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.