South Australian Consolidated Acts

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FIREARMS ACT 1977 - SECT 15D

15D—What constitutes possession of a firearm

        (1)         For the purposes of this Division, the owner, or a person to whom the owner has transferred possession, of a firearm has possession of the firearm (and therefore has not transferred possession for the purposes of this Division) while it is in his or her physical possession or is under his or her control.

        (2)         Without limiting subsection (1), a firearm will be taken to be in the physical possession or under the control of the owner or a person to whom the owner has transferred possession—

            (a)         while he or she is handling the firearm or the firearm is under his or her control; or

            (b)         while the firearm is—

                  (i)         on premises at which the owner or other person usually resides or premises at which the owner or other person is for the time being residing; or

                  (ii)         in a vehicle, vessel or aircraft in which the owner or other person is for the time being travelling or residing; or

            (c)         where the firearm is used by the owner or other person in the course of carrying on a business—while the firearm is on premises at which that business is carried on; or

            (d)         while the firearm is in the physical possession or under the control of an employee of the owner of the firearm or other person in the course of that employment; or

            (e)         while the firearm is in the possession of a person on behalf of the owner or other person in the normal course of the firstmentioned person carrying on the business of carrying or storing goods; or

            (f)         in any other circumstances prescribed by regulation.



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