Law Information - Firearm Offences - SA

Possession of Firearms

Date: 09/01/2009

The Law -

The   Firearms Act 1977 s.5 provides for five classes of firearms:

Class A firearms includes air rifles, air guns, paint-ball firearms, .22 rim fire rifles (not self loading) and single or double barrel shotguns (not self-loading or pump action)includes air rifles, air guns, paint-ball firearms, .22 rim fire rifles (not self loading) and single or double barrel shotguns (not self-loading or pump action)

Class B firearms which are muzzle loading firearms (not handguns), revolver chamber rifles, centre fire rifles (not self-loading), double barrel centre fire rifles that are not designed to hold additional rounds in a magazine, break action combination shotguns and rifles and all other firearms (not being prescribed firearms, handguns, self-loading firearms or pump action shotguns) that are not class A firearms.

Class C firearms self-loading rim fire rifles having a magazine   capacity   of 10 rounds or less, self-loading shotguns firearms having a magazine capacity of 5 rounds or less, or pump action shotguns having a magazine capacity of 5 rounds or less. Class C does not include revolving chamber rifles.

Class D firearms self-loading rim fire rifles having a magazine capacity of more than 10 rounds, self-loading centre fire rifles, self-loading shotguns having a magazine capacity of more than 5 rounds, or pump action shotguns having a magazine capacity of more than 5 rounds. Class D does not include revolving chamber rifles.

Class H firearms which are handguns

Prescribed firearms which are automatic, have barrel(s) less than 330 mm (not pistols, air rifles, air guns or power heads), shotguns with barrel(s) less than 450 mm, air rifles and air guns with barrel(s) less than 250 mm, with overall length less than 750 mm (not pistols or power heads), that can be reduced to less than 750 mm in length and are then capable of being fired (not pistols), that are designed to fire projectiles containing tear gas or any other lachrymatory substance or any nauseate or poison, that are home made, that have the appearance of other objects, bazookas and similar military firearms.

The Commonwealth and all State and Territory governments have agreed that the possession of firearms is not a right but a conditional privilege. Personal protection is not a genuine reason.

The Maximum Penalty for Possession of Firearms

The penalty for unauthorised possession of a firearm depends upon the type of firearm:

• Prescribed firearm – maximum penalties are $50 000 or 10 years gaol 
• Class C, D or H firearms – maximum penalties are $35 000 or 7 years gaol
• Any other firearm – maximum penalties of $20 000 or 4 years gaol (OR maximum fine of
• $10 000 or gaol for 2 years where the offence is dealt with in the Magistrates court)

What the prosecution must prove - Possession of Firearms

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Possible Defences - Possession of Firearms

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The Court process - Possession of Firearms

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