South Australian Consolidated Acts South Australian Consolidated Acts15A—Reasons for refusal of permit
(1) Subject to this
section the Registrar may refuse an application for a permit to acquire a
firearm of any class if he or she is satisfied that—
(a) the
firearm is particularly dangerous by reason of its design, construction or any
other factor; or
(b) the
firearm can easily be converted to an automatic firearm; or
(c) the
firearm is, by reason of its size or any other factor, more readily concealed
than other firearms of the same class and is for that, or any other reason,
particularly suited to unlawful use; or
(d) the
applicant has in the past acquired a firearm that he or she has failed to
produce to the Registrar for registration in accordance with this Act or has
been guilty of any other offence against this Act.
(2) Subject to this
Act, where the application is for a permit to acquire a class B firearm and
the application is properly made the Registrar may only refuse the application
if—
(a)
the Registrar is of the opinion that the applicant does not have a genuine
reason for acquiring the firearm; or
(b)
the Registrar is entitled to refuse the application under subsection (1).
(3) The Registrar must
refuse an application for a permit to acquire a class C firearm unless—
(a) the
following requirements are satisfied:
(i)
the applicant—
(A) must carry on the business of primary
production; or
(B) must be an employee of a person who
carries on the business of primary production and must live on or near the
land on which that business is carried on and must be employed in the carrying
on of that business; or
(C) must be a relative of a person who
carries on that business and must live on or near the land on which that
business is carried on and must be employed in the carrying on of that
business; and
(ii)
the Registrar must be satisfied that the applicant needs
the firearm for the purposes of that business and that there is no
satisfactory alternative to using a firearm of that class; and
(iii)
if the application is for a self-loading rifle—the
applicant does not have possession of any other self-loading rifle; and
(iv)
if the application is for a self-loading
shotgun—the applicant does not have possession of any other self-loading
shotgun or a pump action shotgun; and
(v)
if the application is for a pump action shotgun—the
applicant does not have possession of any other pump action shotgun or a
self-loading shotgun; or
(b) the
following requirements are satisfied:
(i)
the applicant is a member of The South Australian Clay
Target Association Incorporated or the Australian Clay Target Association
Incorporated and is also a member of a recognised firearms club affiliated
with either of those associations; and
(ii)
the Registrar is satisfied that the applicant needs the
firearm for the purpose of an activity of the club conducted in accordance
with the rules of the Australian Clay Target Association Incorporated and in
accordance with regulations under this Act; or
(c)
the Registrar could, in accordance with subsection (4), grant a permit to
the applicant to acquire a class D firearm; or
(d)
requirements prescribed by regulation for the purposes of this paragraph are
satisfied.
(4) The Registrar must
refuse an application for a permit to acquire a class D firearm unless—
(a) he
or she is satisfied that—
(i)
the applicant gains his or her livelihood wholly or
partly from professional shooting; and
(ii)
the applicant needs the firearm to destroy animals in the
course of professional shooting; or
(b)
requirements prescribed by regulation for the purposes of this paragraph are
satisfied.
(4a) Subject to this
Act, where the application is for a permit to acquire a class H firearm and
the application is properly made the Registrar may only refuse the application
if—
(a)
the Registrar is of the opinion that the firearm is not genuinely required by
the applicant for a purpose for which the applicant is authorised by a
firearms licence to possess or use such a firearm; or
(b)
the Registrar is entitled to refuse the application under subsection (1),
(4b) or (4c).
(4b) Subject to the
regulations, the Registrar may refuse an application for a permit to acquire a
class H firearm for use as a member of a shooting club—
(a) if
the firearm—
(i)
is a self-loading handgun (other than a revolver) with a
barrel length, as measured in accordance with the regulations, of less than
120mm; or
(ii)
is a revolver or single shot handgun in either case with
a barrel length, as measured in accordance with the regulations, of less than
100mm; or
(iii)
has a magazine or cylinder capacity of more than
10 rounds or a modified magazine or cylinder capacity; or
(iv)
is of more than .38 calibre; or
(b) if
the applicant is the holder of a shooting club member's licence and has held
the licence for less than six months; or
(c)
if—
(i)
the applicant is the holder of a shooting club member's
licence and has held the licence for six months or more but less than
12 months; and
(ii)
acquisition of the firearm to which the application
relates would result in the applicant having possession of a class H firearm
or class H firearms other than—
(A) one .177 calibre air pistol or one .22
calibre rim fire handgun (long rifle or short) or one centre fire handgun; or
(B) one .177 calibre air pistol and one .22
calibre rim fire handgun (long rifle or short); or
(C) one .177 calibre air pistol and one
centre fire handgun.
(4c) The Registrar may
refuse an application for a permit to acquire a class H firearm for the
purpose of collection and display if—
(a) the
firearm was manufactured after 1946; and
(b)
the Registrar is not satisfied that the applicant meets the requirements of
the regulations as to the kind of collector who may be granted a permit
to acquire class H firearms manufactured after that year.
(4d) In determining
whether an applicant meets the requirements of the regulations referred to in
subsection (4c), the Registrar must have regard to any certificate lodged
by the applicant that has been prepared and signed by an office holder of the
collectors' club of which the applicant is a member (being an office holder
nominated by the club for the purpose) stating that the applicant meets those
requirements and setting out details in support of that statement.
(4e)
Subsections (4b) and (4c) do not apply in relation to muzzle-loading
handguns or percussion cap and ball handguns.