Doctors refusing to do health assessments people need to get to own a firearm under new WA gun laws

Doctors are in open revolt against the State Government’s new gun laws, refusing to conduct the health assessments people need to get a firearm licence. The 2024 Firearms Act requires gun owners to provide a medical certificate attesting to their physical and mental fitness. Many doctors are reluctant to sign off on the paperwork over fears they will be left with blood on their hands in the event of a shooting. GPs have been alarmed by the inquest into the Bondi Junction stabbings, which saw attacker Joel Cauchi’s former psychologist forced to justify medical decisions made years before the massacre. The WA Government said doctors were “protected from civil or criminal liability should a firearm-related incident occur involving someone they assessed as medically fit” but that pledge has failed to assuage concerns. The impasse means many farmers and pest control professionals have been unable to apply for firearms licences that are critical for their work. The medical boycott has forced regional gun owners to drive hours to find a GP willing to endorse them. Recreational shooters are even more exposed, with doctors particularly reluctant to sign off on health tests for people who have no professional need for a gun. Royal Australian College of GPs WA deputy chair Mariam Bahemia said the 2024 Firearms Act had compromised doctors. “Making a clinical judgement about a patient’s physical and mental health, in terms of potential risk regarding firearms, is a new type of responsibility for GPs,” she said. “It’s professionally and even ethically challenging, given the potential consequences of such a judgement. “Outcomes are not always foreseeable; we can only make recommendations based on what patients have told us and symptoms we can observe in a consultation. “GPs are concerned about being asked to justify clinical decision-making regarding firearms in court, potentially years later, despite repeated reassurances of protection from legal action. “Many Western Australian GPs will be watching the ongoing inquest into the stabbings in Bondi Junction last year, which resulted in the deaths of six people and the injury of 12 others. “Joel Cauchi’s former treating psychiatrist has been asked by counsel to justify her decision to cease his psychotropic medication in 2019, years before the attacks. “She started her evidence with an apology to the victims, their families and everyone affected. “GPs watching the inquest in the context of firearms risk assessments find it hard not to dread being placed in a similar position. “It’s a huge responsibility and many of us feel the weight of that responsibility. “While GPs are just one part of a broader licencing process, these are understandable concerns.” Ms Bahemia represents the RACGP WA on the health assessment working group established by the Firearms Act reform program. Liberal MP Steve Thomas said the Government had “demanded that the medical profession do their dirty work for them”. “I think any GP would think twice about being a part of a system that makes them responsible for whether a licence application is successful or not,” he said. “The Government is expecting doctors to examine people in detail according to their 17-page instruction book, which demands an incredibly detailed assessment of the mental, physical and emotional condition of the applicant. “Any doctor that misses a single symptom, whether or not it has any impact on the person’s ability to handle a firearm, is surely putting their own reputation at risk. “And that may lead to issues around professional indemnity and insurance down the track. “More likely, doctors will simply refuse to do the assessments and I have already been presented with this by concerned constituents. “This is just one more example of a Government that does not give a damn about those honest people who have a legitimate need to use firearms — in fact, it demonstrates it perfectly.” Some doctors are concerned patients will hide mental or physical problems over fears their GP will use their condition to deny them a firearm licence. The WA Government has assured GPs that the final decision to grant or deny a licence rests with police, not doctors. “GPs are not decision-makers in relation to the grant of a firearm authority,” a Government spokesperson said. “This still sits with the Commissioner of Police, who will determine if they are a fit and proper person to hold a firearms licence. Examination results form only one part of the decision making. “WA Police has sought advice on RACGP’s request and advised that GPs are protected from civil or criminal liability should a firearm-related incident occur involving someone they assessed as medically fit. “GPs already make routine assessments on other matters such as a patient’s ability to safely operate a motor vehicle.”