Owning a firearms licence in South Australia comes with significant responsibilities – and penalties for failure can be severe. Many licence holders aren’t aware that their licence can be cancelled or suspended for offences completely unrelated to firearms. Knowing your obligations and rights is essential to avoid losing your licence and your ability to own firearms.
What Can Trigger a Firearms Licence Cancellation?
Your firearms licence may be cancelled for non-firearm offences such as:
- Breaching bail conditions (for example, failing to surrender firearms or ammunition when ordered)
- Failing to report to police when required under bail or court orders
- Being found guilty of any criminal offence, even if it’s unrelated to firearms
No warnings are given. Once you’re found guilty, your licence can be automatically cancelled.
Is It Difficult To Get a Cancelled Firearms Licence Reinstated?
Reapplying for a new licence after cancellation isn’t easy. You must prove that you:
- Don’t pose a risk to public safety
- Comply fully with firearm regulations and legal conditions
- Meet all permit criteria, including completing required training
Even one breach can lead to cancellation and the Registrar can refuse your new licence without giving a reason – especially if criminal intelligence is considered. Without the guidance of an expert South Australian criminal lawyer, navigating this process can feel overwhelming and may result in an unsuccessful appeal.
What The Firearms Act Says
Under the Firearms Act 2015:
The Registrar can suspend or cancel your licence if you’ve breached conditions or committed prescribed offences, even for non-firearm conduct
Other serious outcomes include surrendering firearms, facing fines (up to $10,000) or imprisonment (up to 4 years) for failure to comply
How To Protect Your Firearms Licence
If you’re facing charges or bail conditions, seek legal advice immediately, especially before attending court or responding to police warnings
Never assume your gun licence is safe, even if the charge seems minor
Get in touch with one of our criminal lawyers to assess your risk and the options available to you. You may be able to challenge cancellations or negotiate bail conditions that don’t trigger automatic licence loss.
Protecting your firearms licence means understanding that even minor breaches unrelated to firearms, can have major consequences. Don’t wait until it’s too late.
If you’re facing charges or bail conditions, speak to a criminal lawyer immediately to prevent a cancellation that may be difficult or impossible to reverse.
FAQs About Firearms Licences in South Australia
1. What offences can lead to the cancellation of my firearms licence in South Australia?
In South Australia, offences such as breaching bail, failing to report to police or other criminal convictions can result in the cancellation of a firearms licence, even if the offences are unrelated to the use or possession of firearms.
2. Can my firearms licence be cancelled for a non-firearm-related offence?
Yes. Failing to report to police or breaching bail conditions can trigger automatic cancellation.
3. How can I appeal a cancelled firearms licence in South Australia?
To appeal a cancelled firearms licence, you need to apply through the relevant tribunal or court and demonstrate why the cancellation was unjust or should be reconsidered. Seeking advice from a legal expert with experience in firearms law is crucial for a strong case.
4. Is it possible to reinstate my firearms licence after it has been cancelled?
Reinstating a firearms licence can be challenging and is not always guaranteed. It often requires proving that you no longer pose a risk to public safety and that the original reasons for cancellation are no longer valid. Legal representation can significantly increase your chances of success.
5. Can the Registrar refuse reinstatement without explanation?
Yes. Especially if based on criminal intelligence or public safety concerns.
6. What happens if I don’t surrender my firearms after my licence is suspended or cancelled?
If your licence is suspended or cancelled, you’re legally required to surrender your firearms, ammunition, and firearm parts. Failing to do so is a serious offence and can lead to up to 10 years imprisonment and fines up to $50,000.
7. What is a Firearms Prohibition Order and how does it affect me?
If you’re subject to a Firearms Prohibition Order (FPO), you must not possess, use, or access firearms, ammunition, or related items—and you cannot attend premises that involve firearms. Breaching an FPO carries a maximum of 15 years imprisonment and fines up to $75,000.
8. Do I need legal advice if I’m facing charges while holding a firearms licence?
Absolutely. Even if the charge seems minor or unrelated, it can result in your firearms licence being cancelled permanently. Getting legal advice early can help you understand your rights and protect your ability to retain or appeal your licence.
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