South Australian Consolidated Acts South Australian Consolidated Acts11—Possession and use of firearms
(1) A person who has
possession of a firearm without holding a firearms licence authorising
possession of that firearm is guilty of an offence.
(2) A person who has
possession of a firearm, or who uses a firearm, for a purpose that is not
authorised by a firearms licence held by that person is guilty of an offence.
(3) If, in proceedings
for an offence against subsection (2), the evidence gives rise to a
reasonable inference that the purpose for which the defendant had possession
of the firearm, or used the firearm, was not authorised by the licence, the
onus shifts to the defendant to establish that the purpose for which he or she
had possession of the firearm, or used the firearm, was authorised by the
licence.
(4) No offence is
committed under this section in relation to a class A, B or H firearm by
virtue of the fact that—
(a) a
person has possession of, or uses, the firearm on the range of a
recognised commercial range operator or at a shooting gallery in the normal
course of the operation of the commercial range operator or the
shooting gallery if the commercial range or the gallery is under the
supervision of a responsible person who holds a firearms licence authorising
possession of that firearm;
(b) a
person has possession of, or uses, the firearm on the grounds of a
recognised firearms club for the purpose of shooting in a manner authorised by
the club provided that the person—
(i)
is not the holder of a firearms licence, or a similar
licence or authorisation under corresponding legislation of another State or
Territory of the Commonwealth, that is suspended; and
(ii)
has not been the holder of a firearms licence, or a
similar licence or authorisation under corresponding legislation of another
State or Territory of the Commonwealth, that has been cancelled; and
(iii)
is not prohibited from possessing or using a firearm by
an order of a court whether in this State or any other State or Territory of
the Commonwealth;
(ba) a
person has possession of, or uses, a paint-ball firearm on grounds
of a recognised paint-ball operator while participating in an organised
activity involving the use of paint-ball firearms (but no other firearms);
(c) a
person has possession of the firearm in the ordinary course of the business of
carrying or storing goods;
(d) a
person has possession of, or uses, the firearm in the ordinary course of
business as a licensed dealer in firearms.
(4a) No offence is
committed under this section in relation to a class C or D firearm by virtue
of the fact that—
(a) a
person has possession of the firearm in the ordinary course of the business of
carrying or storing goods; or
(b) a
person has possession of, or uses, the firearm in the ordinary course of
business as a licensed dealer in firearms if his or her dealer's licence
authorises dealing in that class of firearm.
(4b) No offence is
committed under this section in relation to a class A, B, C, D or H firearm or
a prescribed firearm by virtue of the fact that a person has possession of the
firearm if he or she has possession of it on behalf of the Crown.
(5) No offence is
committed under this section in relation to a firearm by virtue of the fact
that—
(a) a
person has possession of the firearm as executor of the will, or administrator
of the estate, of a deceased person;
(b) a
person has possession of the firearm—
(i)
as the administrator, committee, guardian or manager of
the estate of a person who is unable to manage his or her affairs; or
(ii)
as the donee of an enduring power of attorney during a
period of legal incapacity suffered by the donor of the power; or
(iii)
as the Official Trustee or the registered trustee of a
bankrupt estate;
(c) a
person has possession of, or uses, the firearm in circumstances prescribed by
regulation.
(6) For the purposes
of this section—
(a) a
person who handles a firearm—
(i)
in the presence, and with the consent, of a person who is
the owner of the firearm and who is authorised by or under this Act to have
possession of it; or
(ii)
in the premises of a licensed dealer in firearms for the
purpose of inspecting the firearm,
does not have possession of the firearm;
(b) a
person who has possession of a self-loading rim fire rifle that does not have
an inbuilt magazine and does not have possession of any magazine that can be
fitted to the rifle has possession of a class C firearm;
(c) a
person who has possession of a self-loading rim fire rifle and also has
possession of a magazine with a capacity of more than ten rounds that can be
fitted to the rifle has possession of a class D firearm even though the
magazine is not fitted to the rifle;
(d) a
person who has possession of a self-loading or pump action shotgun that does
not have an inbuilt magazine and does not have possession of any magazine that
can be fitted to the shotgun has possession of a class C firearm;
(e) a
person who has possession of a self-loading or pump action shotgun and also
has possession of a magazine with a capacity of more than five rounds that can
be fitted to the shotgun has possession of a class D firearm even though the
magazine is not fitted to the shotgun.
(7) Subject to this
section, the maximum penalty for an offence against this section is as
follows:
(a)
where the firearm is a prescribed firearm—$50 000 or imprisonment for
10 years;
(b)
where the firearm is a class C, D or H firearm—$35 000 or imprisonment
for seven years;
(c)
where the firearm is any other kind of firearm—$20 000 or imprisonment
for four years.
(7a) The maximum
penalty for an aggravated offence is as follows:
(a)
where the firearm is a prescribed firearm—$75 000 or imprisonment
for 15 years;
(b)
where the firearm is a class C, D or H firearm—$50 000 or
imprisonment for 10 years;
(c)
where the firearm is any other kind of firearm—$35 000 or
imprisonment for 7 years.
(7b) An offence
against this section is an aggravated offence if it has been proved that the
offender—
(a) was
carrying a loaded firearm or a firearm and a loaded magazine that can be
attached to and used in conjunction with the firearm; or
(b) had
a firearm concealed about the person.
(7c) A person will be
taken to be carrying a firearm or magazine if the person has the firearm or
magazine on or about the person or if it is under the person's immediate
physical control.
(7d) A firearm will be
taken to be loaded if a round is in the breech or barrel of the firearm or in
a magazine comprising part of or attached to the firearm.
(8) A person who has
not previously been found guilty of an offence against this section may, at
the discretion of the prosecutor, be prosecuted for a summary offence against
this section except where the firearm is a prescribed firearm, but on
conviction of a summary offence against this section the maximum penalty is
$10 000 or imprisonment for two years (and subsections (7a) to (7d) do
not apply).