Forfeiture of firearms under s 28 of the Firearms Act 1973 (WA) is limited to firearms named in the complaint and 'relating to the charge'; a court has no power to forfeit firearms not so identified, even if used in the same incident. Forfeiture is not properly characterised as punishment but reflects the public interest in removing the instrument of the offence, and the discretion will generally be exercised in favour of forfeiture. Disqualification from holding a firearms licence is directed at public safety and requires an assessment of the offender's characteristics and likelihood of reoffending; where the offender has no prior convictions, the offence did not raise public safety concerns, and a spent conviction order has been made, disqualification may not be warranted.
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