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Updated gun laws will place ‘unrealistic burdens’ on GPs
WA gun regulations place the onus on GPs to conduct health assessments. Is this too much pressure? And who’s responsible if things go wrong?
Western Australia now has the toughest gun laws in the nation.
New gun ownership regulations in Western Australia will put the onus on GPs to conduct mental and physical health assessments as part of the licensing process.
The state’s GPs are now concerned the new firearms laws could place too much pressure on doctors to decide who gets to own a gun, raising fears of medico-legal consequences.
Recently, the toughest gun laws in the nation were passed in WA, with the aim of boosting community safety and taking illegal guns off the streets.
Among the regulatory changes to be introduced in March 2025 is mandatory firearms training for anyone applying for a gun license, as well as all owners having to undergo a regular health assessment with a doctor.
The RACGP’s WA faculty has participated in the Health Assessment Working Group since its development last year, advocating on behalf of the state’s GPs, mindful of the precedent the laws set for other jurisdictions.
In a letter to WA Police Minister Paul Papalia, the college said while it values community safety and is ‘100% behind’ the need for responsible firearms ownership, it has several significant concerns about the law’s impact on GPs.
This includes the ‘unrealistic burdens’ the assessment could place on GPs.
RACGP WA Chair Dr Ramya Raman said it must be ensured that GPs ‘are not being dealt an unfair hand’ through these assessments.
She said she is especially concerned about the law’s potential medico-legal consequences.
‘This includes to what extent a GP will be held responsible if their assessment leads to a determination of fitness to hold a licence and the patient goes on to commit a serious crime,’ Dr Raman said.
‘We know our patients and we are well-positioned to put their history into a clinical context, but this cannot be extended to become a predictor of risk on behalf of firearms licencing authorities.’
She said RACGP WA is also worried about how these new rules could impact GPs’ relationship with their patients.
‘We rely on the strength of our therapeutic relationship to encourage patients to trust us and open up to us, and this entire health assessment process has the potential to undermine that,’ she said.
‘The laws may have the unintended consequence of patients delaying or avoid seeking care for a mental or physical health issue for fear of losing their firearms licence.
‘Remember, that in a regional or rural setting in particular, GPs live alongside their patients in the same community.’
The RACGP has formally raised concerns about the extent to which a GP will be held responsible for an action by a licence-holder, saying it has not been provided with written assurances of protection from criminal or civil claims.
Its second area of concern is the health assessments themselves, with the RACGP saying currently that they ‘effectively serve as a medical risk assessment’.
‘There is a weak relationship between clinical risk assessment and accurate prediction of adverse outcomes,’ the RACGP said.
‘These assessments will place the most burden on rural and remote GPs, especially locums who may not be familiar with an applicant’s history.’
Dr Raman said the college also holds concerns regarding assessing ‘fitness’, saying it is a responsibility that should lie with a government agency, not a time-poor GP.
‘Putting the onus on us to determine if a patient’s health assessment raises any concerns about access to firearms, and if there is a likelihood that they are unable to own and use a firearm safely, is a massive imposition on GPs,’ she said.
‘It would be far more reasonable for the health assessment to be viewed as an advisory document, not a certification of fitness to hold and use a firearm.’
Finally, the RACGP is concerned that patients will be encouraged to talk with their GP about the outcome of a health assessment.
‘We seek assurance that any health assessment outcome remains confidential and cannot be shared with or sought by the applicant,’ the RACGP said.
With more meetings on the new laws happening soon, the college said that ultimately, if satisfactory progress is not made on these points, the RACGP may not be able to endorse the health assessment.
The WA faculty is seeking your opinion on this. Based on the information provided, would you be willing to provide a firearms health assessment for your patient? Complete the yes or no survey here.
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