Will I lose my firearms licence in Western Australia because of my prescription?

What the law actually says

Firearms Act 2024 (WA), consolidated version 00-f0-00, in force from 31 March 2025; and the Firearms Regulations 2024 (WA), consolidated version 00-c0-00, in force from 1 July 2026.

First, the instrument changed. The Firearms Act 2024 is Act No. 23 of 2024, assented to 27 June 2024. Everything except Part 1, Part 16 and one subdivision commenced on 31 March 2025, and s 440 repealed the Firearms Act 1973 on that day. Anything written about WA firearms licensing and a prescription that cites the 1973 Act is citing a repealed statute.

The test. s 139(1): the Commissioner “must not grant a firearm authority to a person if the Commissioner is of the opinion that the person is not a fit and proper person to hold the firearm authority.” s 150(b) puts health on the list of matters the Commissioner may have regard to in forming that opinion, alongside conduct, views, way of living and repute.

Then a separate health gate, which is the part that matters. s 153: the Commissioner “has sufficient grounds for forming the opinion that a person is not a fit and proper person if the Commissioner is satisfied that the person does not meet firearm authority health standards.” Those standards are not in the Act — s 5 defines them as “standards of mental or physical health that are prescribed by the regulations”.

The standards themselves. Regulation 221: a person must be mentally and physically capable of “(a) continuously, safely and responsibly possessing and using a firearm; and (b) continuously complying with the conditions of the firearm authority; and (c) continuously complying with the other requirements imposed on the person under the Act… including the requirements relating to security and storage”. The repeated word is continuously.

And the direction to look at medications. Regulation 222(3): in determining whether a person meets those standards, the Commissioner may have regard to —

> “(a) the person's permanent or temporary mental or physical condition, illness or disability; and (b) the person's use of medications or the medical treatment they receive; and (c) the person's use of an intoxicating substance…”

That is as close as any Australian firearms scheme comes to naming this situation. It does not say a prescription disqualifies anybody — the standard is capability, and the medication is one input to it. But it is an express statutory invitation to ask. Regulation 222(2) goes further and makes it mandatory in one direction: the Commissioner must have regard to information provided by a medical practitioner that is relevant to the standards.

How the Commissioner gets that information. s 148(2) lets the Commissioner require health evidence, require the person at the person's own expense to be examined by a health practitioner, or require the person to hand over evidence a practitioner gave them. s 148(3) lets the Commissioner choose the practitioner. s 148(4) allows at least 28 days to comply. s 148(5) is the sharp end: failing to comply in time is itself sufficient grounds for the Commissioner to be satisfied the person does not meet the standards, and for that reason is not a fit and proper person.

Your practitioner can be asked, and is protected if they answer. s 148(6) lets the Commissioner request further information from the practitioner who provided the evidence. s 148(7) provides that nothing prevents a health practitioner giving the Commissioner further information in good faith “despite any duty of confidentiality”, and that doing so gives rise to no criminal or civil action or remedy.

Telling them when something changes. Regulation 220(3): where information given in or in relation to an application changes before the application is decided, the Commissioner may refuse, cancel or refuse to renew if the person does not give written notice of the change “within a reasonable time after the person becomes aware” of it.

The review route. s 335: “A person aggrieved by a decision can apply to the Tribunal for a review of the decision.” The Tribunal is the State Administrative Tribunal.

What the Act does not do. It does not name cannabis, medicinal cannabis, a prescription or any medicine. The words prescribed medicine and medication appear nowhere in the Act; medications appears once in the regulations, in reg 222(3)(b) above. s 149 and s 157 both matter here: the health division does not limit what else the Commissioner may consider, and having sufficient grounds does not oblige the Commissioner to form the adverse opinion. The discretion runs both ways.

What we did not check. Whether WA Police Licensing Enforcement Division publishes a health declaration form, or a policy about prescribed medicines, is not covered here. Everything above comes from the legislation named at the foot of this page. A registry's own form is often more informative about how a discretion is exercised in practice, and it is worth asking for one before you apply.

What happens if it goes wrong

The practical shape of it, from the provisions above:

• A licence cannot be granted at all if the Commissioner forms the opinion you are not a fit and proper person (s 139(1)), and being satisfied you do not meet the health standards is enough on its own to found that opinion (s 153).
• You can be made to attend a health examination at your own expense, by a practitioner the Commissioner chooses, with at least 28 days to comply (s 148(2)-(4)).
• Ignoring that requirement is not neutral. Under s 148(5) it is treated as grounds for finding you do not meet the standards.
• Your treating practitioner may give the Commissioner further information in good faith despite confidentiality, and is immune from action for doing so (s 148(7)).
• A refusal, cancellation or non-renewal is reviewable by the State Administrative Tribunal (s 335).

On cancellation or expiry, s 211(2) requires a person who ceases to be licensed to surrender a physical licence card to a police officer “as soon as practicable” — a fine of $2 000. The firearms themselves fall to be dealt with under Part 14; s 368 governs what happens to a firearm already in police possession once it is no longer authorised to be retained.