Replica firearms Key Facts

Possible Defences

  • Are an exempt/authorised person
  • Did not have possession; and
  • Had an honest and reasonable belief about the firearm being on their premises.

What Is The Charge of Replica firearms?

What the law states according to SA

An imitation firearm is an item that contains a mechanism that imitates the loading mechanism or firing mechanism of a firearm. Or it is an item that is an imitation of the receiver of a firearm.

It does not include however an item that is a children’s toy or a novelty item or an item determined by the registrar not to be a regulated imitation firearm.

The registrar can decide, if satisfied on evidence, that the replica cannot be readily adapted to function as a firearm then it will not be classed as a regulated imitation firearm.

Under regulation 9 of the Firearm Regulations 2017 (SA) it states that the definitions of Class A B C D and H firearms in section 5(1) of the Firearms Act are amended so that if a regulated imitation firearm closely resembles a firearm of that particular class it will be taken to encompass the regulated imitation firearm.

For more information regarding the different class of firearms see FIREARMS under offences.

In simple terms a replica/imitation firearm can be treated as firearm and punishable in the same manner as firearm offences. It follows from this that it is an offence to

Under the regulations, a general exemption does exist if the firearm has been modified so as to be incapable of firing a projectile and cannot be easily modified to fire a projectile.

What Are The Possible Defences For Replica firearms?

It may be a defence to the charge if you:

  • Are an exempt/authorised person
  • Did not have possession; and
  • Had an honest and reasonable belief about the firearm being on their premises.

What The Prosecution Must Prove

The prosecution must prove that:

  • You were unauthorised to have the firearm; and
  • You were in possession of the firearm.

What Court will hear the Matter

The court that will hear the matter will depend on type of firearm and the penalty associated with it. If the firearm is prescribed, which carries with it a 10 year sentence then the matter will be heard in the District Court of South Australia. If however the firearm offence carries with it 2 years imprisonment then the matter will be dealt with in the Magistrates Court of South Australia

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

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