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South Australia. 1977 ‘Trafficking in Firearms.’ Firearms Act 1977 (Version: 7.2.2014); Section 14 (Part 3). Adelaide: Parliament of South Australia. 12 May

Relevant contents

14. Trafficking in firearms

(1) Subject to this section, a person who —

(a) acquires a firearm; or
(b) knowingly takes part in the acquisition of a firearm,
without being authorised to acquire the firearm by a permit under this Part (or under corresponding legislation in another State or Territory of the Commonwealth); or
(b) who —
(i) supplies a firearm; or
(ii) knowingly takes part in the supply of a firearm, to a person who is not authorised to acquire the firearm by a permit under this Part (or under corresponding legislation in another State or Territory of the
Commonwealth),

is guilty of the offence of trafficking in firearms.

(2) Subsection (1) does not apply to —

(a) the acquisition of a firearm by a person in the ordinary course of carrying on business as a licensed dealer pursuant to the licence; or
(b) the supply of a firearm to a person who acquires the firearm in the ordinary course of carrying on business as a licensed dealer pursuant to the licence.

(3) It is a defence to prosecution for an offence against subsection (1) to prove that —

(a) the acquisition was in circumstances (prescribed by or under section 11) in which the person who acquired the firearm was not required to hold a licence authorising possession of the firearm; or
(b) in the case of the acquisition of a firearm—the owner of the firearm carried on a business and the firearm was temporarily acquired for the purposes of the business from the owner by a person who was —
(i) the holder of a licence authorising the possession and use of the firearm; and
(ii) an employee, or in the case of a primary production business, a relative, of the owner; or
(c) in the case of the supply of a firearm — the owner of the firearm carried on a business and the firearm was temporarily supplied for the purposes of the business by the owner to a person who was —
(i) the holder of a licence authorising the possession and use of the firearm; and
(ii) an employee, or in the case of a primary production business, a relative, of the owner; or
(d) in the case of a class A or B firearm or, subject to subsection (4), a class H firearm, the acquisition or supply was pursuant to a written agreement between the owner of the firearm and the person who acquired the firearm that the person would only use the firearm for a purpose or purposes specified in the agreement and would return the firearm to the owner within 28 days; or
(e) the acquisition or supply was in circumstances prescribed for the purposes of this subsection by regulation.

(4) The defence under subsection (3)(d) is not available in the case of a class H firearm —

(a) if —
(i) the person who acquired the firearm was 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 person who acquired the firearm was the holder of a shooting club member's licence and had held the licence for less than 6 months; or
(c) if —
(i) the person who acquired the firearm was the holder of a shooting club member's licence and had held the licence for 6 months or more but less than 12 months; and
(ii) acquisition of the firearm resulted in the 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.

(5) For the purposes of this section —

(a) a person takes part in the acquisition of a firearm if —
(i) the person takes, or participates in, any step, or causes any step to be taken, in the process of acquisition of the firearm; or
(ii) the person provides or arranges finance for any step in that process; or
(iii) the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management; and
(b) a person takes part in the supply of a firearm if —
(i) the person takes, or participates in, any step, or causes any step to be taken, in the process of supply of the firearm; or
(ii) the person provides or arranges finance for any step in that process; or
(iii) the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management.

(6) Subject to this section, the maximum penalty for a first offence against this section that involves only 1 firearm is as follows:
(a) if the firearm is a prescribed firearm — $75 000 or imprisonment for 15 years;
(b) if the firearm is a class C, D or H firearm — $50 000 or imprisonment for 10 years;
(c) if the firearm is any other kind of firearm — $35 000 or imprisonment for 7 years…

(9) 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 offence involves a prescribed firearm, but on conviction of a summary offence against this section the maximum penalty is $10 000 or imprisonment for 2 years.

ID: Q2887

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