Citation(s) from the GunPolicy.org literature library

Print Close

South Australia. 1977 ‘Possession and Use of Firearms.’ Firearms Act 1977 (Version: 7.2.2014); Section 11 (Part 3). Adelaide: Parliament of South Australia. 12 May

Relevant contents

11. 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…..

(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…

ID: Q2885

As many publishers change their links and archive their pages, the full-text version of this article may no longer be available from the original link. In this case, please go to the publisher's web site or use a search engine.

Array
(
    [type] => 8
    [message] => Trying to get property 'websource' of non-object
    [file] => /home/gpo/public_html/components/com_gpo/helpers/citation.php
    [line] => 153
)