Accused or charged with possession of a firearm?

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 you premises.

The maximum penalties for possessing a firearm without a licence or not adhering to a firearms licence are as follows:

• if the firearm is a prescribed firearm—$50,000 or 10 years’ imprisonment;
• if the firearm is a category C, D or H firearm—$35,000 or 7 years’ imprisonment;
• if the firearm is any other category of firearm—$20,000 or 4 years’ imprisonment.

The maximum penalties for an aggravated offence are as follows:

• if the firearm is a prescribed firearm—$75,000 or 15 years’ imprisonment;
• if the firearm is a category C, D or H firearm—$50,000 or 10 years’ imprisonment;
• if the firearm is any other category of firearm—$35,000 or 7 years’ imprisonment.

An offence will be aggravated if it is proved that:

• the firearm to which the offence relates was
  • loaded (irrespective of whether the you knew that it was loaded); or
  • in the immediate vicinity of ammunition suitable for use in the firearm; or
• you concealed the firearm near or on your person; or
• you committed the offence in connection with illicit drugs.

Illegal possession occurs when a person has physical control or access to a firearm without holding a valid firearms licence or possessing it for a purpose not authorised by their licence under section 9 of the Firearms Act 2015 (SA).

An offence is aggravated if the firearm is loaded, near ammunition, concealed on your person, or linked to illicit drug activity. Penalties increase up to 15 years’ imprisonment or $75,000 fine.

Firearms are categorised as A, B, C, D, H, or “prescribed,” based on their operation, capacity, and design (e.g., air guns, pump-action shotguns, automatic weapons). Each category affects the licensing requirements and penalties.

Gel blasters are now classified as Category A firearms and must be registered. Owners must have a valid firearm licence for this class.

Yes. Even storing an unregistered or unauthorised firearm at your residence is an offence unless you are properly licensed and compliant with Schedule 1 of the Firearms Regulations 2017 regarding safe storage.

Yes. Possession includes having control over a firearm in a home, vehicle, or through another person, even if you aren’t handling it at the time (s 6 Firearms Act 2015).

Yes. Under section 55 of the Firearms Act 2015 (SA), failing to disclose your name, date of birth, and firearm ownership when asked by police can lead to penalties of up to $20,000 or 4 years’ imprisonment.

You must comply with the Code of Practice for Security, Storage and Transport of Firearms, including storing firearms unloaded, in locked containers, and separate from ammunition.

No. People with convictions for violence, breaches of the Firearms Act, or those subject to a Domestic Violence Intervention Order are not considered fit and proper persons under section 7.

It depends on the maximum penalty:

• Up to 2 years → Magistrates Court
• Up to 10 years (e.g., prescribed firearms) → District Court

This can constitute an aggravated offence, increasing penalties significantly. The firearm does not need to be used in connection with drugs; mere association is sufficient.

Yes. Possession of restricted accessories (e.g., suppressors) or unauthorised ammunition is separately punishable under sections 31, 39 and 40 of the Firearms Act 2015 (SA).

No. Self-defence or personal protection is not a genuine reason for firearm ownership under South Australian law [s 22(6)].