Firearm Possession in South Australia: What you Need to Know
What the Offence Is
Possession of a firearm is a serious offence under South Australian law, governed by the Firearms Act 2015 (‘FA’). This legislation regulates the ownership, use, and possession of firearms to ensure public safety. Under the Act, it is an offence to possess a firearm without the appropriate licence or permit. The relevant sections of the Act include Section 9, which deals with the possession of firearms.
Why You Need Legal Advice
Facing a possession of a firearm charge in South Australia is a serious legal matter that can result in heavy fines, imprisonment, and a criminal record. A conviction may impact your ability to own firearms in the future, affect employment opportunities, and restrict travel.
If you have been charged with illegal firearm possession, you need expert legal representation to protect your rights and minimise the consequences.
Call Stanley & Co Lawyers today on 08 7001 6135 to speak with an experienced Criminal Defence Lawyer. We offer a complimentary 30-minute consultation, with no obligation - so you can understand your options and get the best possible defence.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction for possession of a firearm, the prosecution must prove beyond reasonable doubt the following elements:
- Identity of the Defendant: The person charged was in possession of the firearm.
- Possession: The defendant had physical control over the firearm.
- Nature of the Weapon: The item in question is classified as a firearm under the Act.
- Lack of Licence or Permit: The defendant did not have the appropriate licence or permit to possess the firearm.
The Relevant Court
Offences related to the possession of a firearm are generally heard in the Magistrates Court of South Australia. However, more serious cases, particularly those involving additional associatedcrimes or repeat offences, may be escalated to a higher court.
What Defences Are Available
Several defences can be raised in response toa charge of possession of a firearm, including:
- Lawful Authority: The defendant had a valid licence or permit for the firearm.
- Lack of Knowledge: The defendant was unaware of the presence of the firearm.
- Mistaken Identity: Arguing that the person charged was not the one in possession of the firearm.
- Temporary Possession: The defendant possessed the firearm temporarily for a lawful purpose, such as handing it over to the authorities.
What are the Maximum Penalties for the Offence
The penalties for possession of a firearmunder the FA vary depending on the circumstances of the offence, category of the firearm and whether it is a first or subsequent offence. The maximum penalties include:
- For prescribed firearms- s9(4)(a) and s9(5)(a)
- Non-aggravated offence- $50,000 fine or 10 years imprisonment.
- Aggravated offence- $75,000 fine or 15 years imprisonment.
- For category C, D or H firearms- s9(4)(b) and s9(5)(b)
- Non-aggravated offence- $35,000 fine or 7 years imprisonment.
- Aggravated offence- $50,000 fine or 10 years imprisonment.
- For any other category of firearms- s9(4)(c) and s9(5)(c)
- Non-aggravated offence- $20,000 fine or 4 years imprisonment.
- Aggravated offence- $35,000 fine or 7 years imprisonment
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In addition to the above penalties, the courtmay order the forfeiture of the firearm.
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