Possession of a Prohibited Weapon
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Prohibited Weapons Offences in South Australia
What the Offence Is
Possession of a prohibited weapon is a criminal offenceunder section 21F of the Summary Offences Act 1953 (SA). This law makes it illegal to:
- Possess a prohibited weapon without lawful authority.
- Manufacture, sell, supply, distribute, or deal in prohibited weapons.
A prohibited weapon includes items such as flick knives, butterfly knives, knuckle dusters, extendable batons, tasers, and other dangerous weapons as defined under South Australian law.
Why you Need Legal Advice
If you have been charged with possession of a prohibited weapon, you could be facing severe penalties, including imprisonment and a criminal record. A conviction can affect your job, future opportunities, and personal freedom.
Call Stanley & Co Lawyers today on 08 7001 6135 to book your complimentary 30-minute consultation with an experienced Criminal Defence Lawyer. We will assess your case and help you build the best possible defence.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction, the prosecution must prove:
- The item is a prohibited weapon – The object in question must fall within the list of weapons classified as "prohibited" under South Australian law.
- The accused had possession – The weapon was found on the person, in their home, vehicle, or another location under their control.
- Knowledge – The accused knew or was reckless as to the possession of the weapon.
- No lawful excuse – The possession was not permitted under any legal exemption or authorisation.
If any of these elements are not proven beyond a reasonabledoubt, the charge may not succeed.
The Relevant Court
- Simple cases are usually heard in the Magistrates Court of South Australia.
- More serious cases, especially those involving large quantities, repeated offences, or intent to use the weapon unlawfully, may be escalated to the District Court.
What Defences Are Available
A person charged with possessing a prohibited weapon mayhave the following defences:
- Lawful exemption – Certain people or organisations are exempt under Schedule 2 of the Summary Offences Act 1953, including:
- Police officers
- Security guards with a valid licence
- Collectors with a legal permit
- People using weapons for historical, ceremonial, or entertainment purposes
- Lack of possession - The accused was not aware of or in control of the weapon
- Lack of knowledge - The accused did not know, and could not reasonably have known, about the presence of the weapon
- Duress - The accused was forced to possess the weapon under threat of harm
What Are the Maximum Penalties for the Offence
The penalties for possessing a prohibited weapon depend on the circumstances:
- Basic possession – Maximum penalty of $20,000 fine or 2 years imprisonment.
- Possession while subject to a Weapons Prohibition Order – Maximum penalty of $35,000 fine or 4 years imprisonment.
- Possession in a public place in a way that causes fear – Maximum penalty of $10,000 fine or 2 years imprisonment.
A conviction can lead to a criminal record, which may affect employment, travel, and firearm ownership rights.
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