South Australian Consolidated Acts South Australian Consolidated Acts (1) The owner of a
firearm may only transfer possession of the firearm to another person—
(a) if
he or she is selling, giving, lending or hiring the firearm to the other
person and transfers possession in accordance with subsection (9); or
(b) if
the firearm is a class A, B or H firearm and is lent pursuant to a written or
oral agreement between the owner and borrower that the borrower will only use
the firearm for a purpose or purposes specified in the agreement and will
return the firearm to the owner within 10 days; or
(c) if
the other person is a licensed dealer in firearms and possession is
transferred—
(i)
to enable the dealer to repair, modify or test the
firearm or to display the firearm on behalf of the owner for the purpose of
sale; or
(ii)
to the dealer to hold the firearm during a period during
which the owner is not entitled to be in possession of the firearm; or
(d) if
the owner of the firearm carries on the business of primary production and
possession of the firearm is transferred temporarily to an employee or
relative of the owner for the purposes of that business; or
(e) if
the owner of the firearm carries on the business of guarding property and
possession of the firearm is transferred temporarily to an employee of the
owner for the purposes of that business; or
(f) in
circumstances (prescribed by or under section 11) in which the person
acquiring possession is not required to hold a licence authorising the
possession and use of the firearm; or
(g) in
circumstances authorised by regulation.
(2)
Subsections (1)(a) and (9) do not apply in relation to the sale of a
firearm if the person selling or purchasing the firearm is a licensed dealer
in firearms acting in the normal course of carrying on the business of dealing
in firearms pursuant to his or her licence.
(3)
Subsections (1)(a) and (9) do not apply in relation to the hiring of a
firearm that is owned and is hired to another person by a licensed dealer in
firearms acting in the normal course of carrying on the business of dealing in
firearms pursuant to his or her licence.
(4) When—
(a)
selling, lending or hiring a firearm to another person on his or her own
behalf; or
(b)
selling, giving, lending or hiring a firearm as agent for the owner of the
firearm,
a licensed dealer in firearms may, subject to subsection (5), only
transfer possession of the firearm to the person purchasing, borrowing or
hiring the firearm or receiving it as a gift (or, where that person is a
company, to a nominee of the company) and must not—
(c)
transfer possession of the firearm to another person on that person's behalf;
or
(d)
consign the firearm to Australia Post or any other carrier for delivery to
that person.
(5)
Subsection (4) does not apply in relation to the sale, lending or hiring
of a firearm by a licensed dealer in firearms to another licensed dealer
pursuant to his or her licence.
(5a) A person must not
transfer possession of a class H firearm to another person under
subsection (1)(b)—
(a)
if—
(i)
the other person is the holder of a shooting club
member's licence; and
(ii)
the firearm—
(A) 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
(B) 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
(C) has a magazine or cylinder capacity of
more than 10 rounds or a modified magazine or cylinder capacity; or
(D) is of more than .38 calibre; or
(b) if
the other person 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 other person 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)
transfer of the firearm would result in the other person
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.
(6) A person must not
transfer possession of a firearm under subsection (1)(b) unless—
(a)
immediately before transferring possession he or she has inspected the
firearms licence held by the person who is to borrow the firearm and is
satisfied that the borrower is authorised to possess the firearm and use it
for the agreed purpose or purposes; and
(b) he
or she believes on reasonable grounds that the borrower will not use the
firearm for any other purpose.
(7) A person must not
transfer possession of a firearm under subsection (1)(d) or (e) or under
circumstances prescribed by regulation unless he or she is satisfied, on
reasonable grounds, that the person to whom possession is transferred is
authorised by a firearms licence to possess and use the firearm for the
purpose or purposes for which the firearm is transferred.
(8) A person who
borrows a firearm under subsection (1)(b) must return it to the owner
within 10 days.
(9) When selling,
giving, lending or hiring a firearm to another person, the owner, or former
owner, of the firearm may only transfer possession of the firearm to the other
person—
(a)
if—
(i)
the owner, or former owner, and the person acquiring
possession are together in the presence of a prescribed person and the
transfer is witnessed by the prescribed person; and
(ii)
the owner, or former owner, and the person acquiring
possession, provide the prescribed person with the information, and produce
the licences and permit necessary to enable the prescribed person to comply
with his or her obligations under this Division; or
(b)
through the agency of a licensed dealer.
(10) Where the owner
or the person acquiring the firearm is a company, the requirements of
subsection (9) are satisfied if a nominee of the company attends before a
prescribed person on behalf of the company.
(11) A person must not
accept the transfer of possession of a firearm unless possession is
transferred to him or her in accordance with this section.
(12) A person to whom
possession of a firearm is transferred under subsection (1) who is not
the owner of the firearm must not (unless authorised by or under this Act)
transfer possession of the firearm to any other person except the owner of the
firearm.
(13) A person who
contravenes or fails to comply with a provision of this section is guilty of
an offence.
Maximum penalty:
Where the offence is committed in relation to a prescribed firearm or a class
C, D or H firearm—$10 000 or imprisonment for two years.
Where the offence is committed in relation to any other kind of
firearm—$5 000 or imprisonment for one year.
(14) In this
section—
"prescribed person" means—
(a) a
police officer; or
(b) a
licensed dealer in firearms; or
(c) a
responsible officer of a recognised firearms club authorised by the Registrar
to witness the transfer of possession of a firearm under this Division; or
(d) a
Public Service employee authorised by the Registrar to witness the transfer of
possession of a firearm under this Division.