Firearms Lawyers Adelaide, Charges, Penalties and Offences in SA
A firearms charge in South Australia puts your licence, your collection and, in serious cases, your liberty at risk. Talon Legal defends firearms charges in Adelaide and across South Australia, from unlicensed possession through to trafficking, seizures and prohibition orders. Our first job is to work out what has actually been charged and what the Registrar is doing about your licence. Every hour matters: book a same-day free 30-minute consultation or call (08) 7094 2021 now.
Firearms charge snapshot
| Issue | Position in South Australia |
|---|---|
| Governing law | Firearms Act 2015 (SA) and Firearms Regulations 2017 (SA). Sentencing Act 2017 (SA) for the serious firearm offender regime. |
| Decision maker on licences and orders | Registrar of Firearms, within South Australia Police. |
| Which court | Magistrates Court for summary charges, and usually for minor indictable charges too. The prosecutor may proceed summarily on a section 9 charge unless the firearm is prescribed, which caps the maximum at $10,000 or 2 years (section 9(6)). Charges with a maximum above 5 years imprisonment are major indictable offences for the District Court (Criminal Procedure Act 1921 (SA), section 5). SACAT reviews Registrar decisions on licences, permits, registration and prohibition orders. |
| What the prosecution must prove | For unlicensed possession: that you possessed the firearm within the extended meaning in section 6, that it is a firearm of the category alleged, and that no licence authorised it. Where possession rests on occupying premises or being in charge of a vehicle where the firearm was found, it is for you to prove a defence in section 6(3), on the balance of probabilities. |
| Typical outcome | Outcomes range from a penalty without a conviction (Sentencing Act 2017, section 24) to immediate imprisonment. The Court of Criminal Appeal has said that even simple possession will usually call for a custodial sentence. A serious firearm offender sentenced for a serious firearm offence must be imprisoned, and the sentence cannot be suspended without a declaration under section 51(2). Every case turns on its facts. |
| Licence action | The Registrar can suspend a licence pending an investigation (section 20(8)), so the licence can be affected long before the charge is decided. |
| Penalty range | Expiation fees of $210 or $315 for storage code contraventions the code declares expiable, up to $100,000 or 20 years imprisonment for aggravated trafficking, and imprisonment for 20 years for trafficking in two or more firearms. |
| Prohibition order review | An interim order issued by police is reviewed by the Registrar under section 46, which sets no time limit, and the order keeps operating meanwhile. An order issued by the Registrar is reviewed by SACAT under section 47. |
| SACAT time limit | 28 days from the Registrar's decision, or 28 days after written reasons you asked for. The Tribunal can extend time (section 47(5) and (6)). |
| Seized firearms | Can be held until proceedings start or a decision is made not to start them, or for 12 months, whichever comes first, and then until any proceedings started within the 12 months are decided (section 63(3)). |
| Reapplying after cancellation | Barred for 3 years where the Registrar cancelled the licence under section 20(6) or (7), subject to any exception in the regulations (section 14(4)). |
| Prescribed offence bar | A licence must not be granted to a person found guilty of a prescribed offence in the preceding 5 years (section 15(5)), and a licence held must be cancelled (section 20(7)). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with a firearms offence in South Australia?
Firearms offences in South Australia are prosecuted under the Firearms Act 2015 (SA) (the Act), in force in its current version since 19 February 2026. The Act governs licensing, registration, storage, supply and prohibition orders. What you are facing depends heavily on the category of firearm involved.
Detailed guides cover unlicensed possession, unregistered firearms, firearms prohibition orders, storage and code of practice offences, firearms trafficking and supply, licence refusals, cancellations and appeals, knife and prohibited weapon charges and imitation firearms and gel blasters. It forms part of our Criminal Defence practice.
Free Consultation. Talk to a lawyer before you answer police questions or sign anything. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- Which firearms charge are you facing?
- What does the Firearms Act 2015 (SA) cover?
- How are firearms categorised?
- The main firearms offences
- How maximum penalties work
- How similar charges tend to play out
- How the courts sentence firearms offences
- Firearms prohibition orders
- What police can do
- Will you get your firearms back?
- 3D printed firearms
- What happens after you are charged
- Keeping or getting back a licence
- How we defend a firearms charge
- Firearms case law in South Australia
- Frequently asked questions
Which firearms charge are you facing?
Each guide below covers the elements, the penalty range and the defences that actually run for that charge. Start with the section named on your charge sheet.
Possession offences
Possessing a firearm without a licence
Section 9. The charge where the extended meaning of possession in section 6 matters most.
Unregistered firearm offences
Section 27. Possessing or owning a firearm that is not on the register, including the 14 day defence for lawfully acquired firearms.
Imitation firearms and gel blasters
Regulated imitations are firearms by regulation, and gel blasters sit in category A.
Supply and storage
Trafficking and unlawful supply
Section 22. Acquiring without a permit, supplying to someone without one, and taking part in either.
Storage and code of practice offences
Section 35 and Schedule 1 of the Regulations. Safes, ammunition and transport, with the penalty set by category.
Orders and licences
Firearms prohibition orders
Interim and Registrar’s orders, what they ban, and how review works.
Licence refusal, cancellation and review
The fit and proper test, Registrar decisions and review by SACAT.
Other weapons
Knife and prohibited weapons offences
Summary Offences Act charges for knives, machetes, swords and prohibited weapons.
What does the Firearms Act 2015 (SA) cover?
The Act covers who may possess a firearm, how firearms must be registered, stored and transported, how they may be acquired and supplied, and who may be banned from them entirely. Breaching those rules is a criminal offence, not an administrative slip.
A firearm is defined broadly in section 4 of the Act: a device designed to fire projectiles by burning propellant or by compressed air or gas, or a device the regulations declare to be a firearm. It includes a receiver, and a device that would be a firearm if assembled and in working order, but not an antique firearm. The regulations limb is how regulated imitation firearms and gel blasters became firearms (regulation 4 of the Firearms Regulations 2017 (SA)).
Section 6 defines possession just as widely. You can possess a firearm without touching it: having it in the physical possession or control of another person, having and exercising access to it, controlling access to it, or occupying premises or being in charge of a vehicle where it is found. For that last limb, section 6(3) gives two defences. One is that you did not know, and could not reasonably be expected to have known, that the firearm was there. The other is that it was in someone else’s lawful possession, or that you believed on reasonable grounds that it was. You must prove the defence, and that is where these cases are usually fought.
How are firearms categorised in South Australia?
Section 5 of the Act divides firearms into categories A, B, C, D and H, plus a separate class of prescribed firearms. The category sets the licence you need, the storage rules that apply and the maximum penalty for almost every offence in the Act.
| Category | What it covers |
|---|---|
| A | Air guns, paint-ball firearms (including gel blasters), rim fire rifles that are not self-loading, shotguns that are not self-loading, pump action or lever action, and break action combinations of a shotgun and a rim fire rifle |
| B | Muzzle loaders other than handguns, revolving chamber rifles, centre fire rifles that are not self-loading, lever action shotguns holding 5 rounds or fewer, and other firearms outside categories A, C, D and H that are not prescribed |
| C | Self-loading rim fire rifles holding 10 rounds or fewer, and self-loading or pump action shotguns holding 5 rounds or fewer |
| D | Self-loading centre fire rifles, self-loading rim fire rifles holding more than 10 rounds, and self-loading, pump action or lever action shotguns holding more than 5 rounds |
| H | Handguns that are not prescribed firearms |
| Prescribed firearms | Automatic firearms, military firearms designed to fire explosive projectiles, firearms designed to fire tear gas, nauseating substances or poison, firearms designed to look like other objects, and others declared by regulation |
A rifle that looks ordinary can classify higher because of its action or magazine capacity, which is why classification is the first thing to check. On a section 9 charge, a self-loading rim fire rifle held with a fitting magazine of more than 10 rounds is treated as category D even if the magazine is not fitted (section 9(8)).
What are the main firearms offences in South Australia?
The Act creates several offence families, and the section named on the charge sheet sets the maximum penalty, the category rules and the defences available.
Possessing or using a firearm without a licence
Under section 9 of the Act it is an offence to possess a firearm without a licence authorising possession of it, or to possess or use a firearm for a purpose the licence does not authorise. Under section 9(7) the offence is aggravated where the firearm was loaded (whether or not you knew), was in the immediate vicinity of suitable ammunition, or was concealed about your person. It is also aggravated where it was committed in connection with, or at the same time as, conduct that would be a prescribed offence against the Controlled Substances Act 1984. The prosecutor may proceed summarily unless the firearm is prescribed, which caps the maximum at $10,000 or 2 years (section 9(6)). The general defence in section 75 does not apply to a section 9 charge (section 75(2)(a)). See our guide to unlicensed possession charges.
Possessing an unregistered firearm
Section 27(1) makes it an offence to possess an unregistered firearm, and section 27(3) a separate offence to be the owner of a firearm that is not registered in your name. An executor or administrator holding the firearm in that capacity is outside the owner offence (section 27(4)(b)). Section 27(2) gives a defence where the firearm came into your possession lawfully not more than 14 days before the alleged offence and it was not reasonably practicable to register it in that time. Section 27(5) gives an owner the matching defence. See our guide to unregistered firearm charges.
Storage, security and transport
Section 35 allows the regulations to set out a code of practice for the security, storage and transport of firearms, ammunition, firearm parts, sound moderators and restricted firearm mechanisms, and contravening a provision of the code is an offence under section 35(3). The code is Schedule 1 to the Firearms Regulations 2017 (SA), applied by regulation 64, and the maximum penalty is set by the offence category the code declares for each provision. See our guide to firearm storage offences.
Trafficking and unlawful supply
Section 22 is one of the most serious offences in the Act, with maximums reaching imprisonment for 20 years. It catches a person who acquires a firearm without a permit, or without following the prescribed process for the acquisition. Where that happens, the supplier also commits an offence, as does anyone who knowingly took part in a step, provided or arranged finance for a step, or provided premises for a step (section 22(2)). A permit to acquire under section 23 cannot be granted until 28 days after the application (section 23(9)). The exceptions are that you already own a registered firearm of the same category, or that the Registrar is satisfied it is safe to grant it sooner and that there are special reasons (section 23(10)). See our guide to firearms trafficking and supply charges.
Ammunition offences
Under section 31, acquiring, owning or possessing ammunition is an offence unless you hold a firearms licence for a firearm of a category designed to fire it, or a permit for that kind of ammunition, with exceptions for dealers and shooting clubs. You must prove the licence, permit or exception (section 31(3)). There is no aggravated form. The maximum is $10,000 or 2 years imprisonment (section 31(12)), and a person under 18 must not purchase or own ammunition (section 31(10)).
Imitation firearms, replicas and gel blasters
Regulation 4 of the Firearms Regulations declares regulated imitation firearms and gel blasters to be firearms for the purposes of the Act. A regulated imitation firearm is one that can be adapted to function as a firearm with a moderate exercise of effort and skill, and is made of material strong enough to sustain firing. Regulation 8A brings gel blasters within the definition of paint-ball firearm, which puts them in category A, and regulation 3A declares that gel balls are not ammunition. See our guide to imitation firearms and gel blasters.
How do maximum penalties work under the Firearms Act?
Almost every maximum in the Act scales by firearm classification. Prescribed firearms attract the highest maximum, categories C, D and H the next, and categories A and B the lowest. Aggravating circumstances lift each tier again. These are maximums, not going rates, and the court retains a broad sentencing discretion.
| Offence | Prescribed firearm | Category C, D or H | Category A or B |
|---|---|---|---|
| Possess or use without a licence, section 9 | $50,000 or 10 years | $35,000 or 7 years | $20,000 or 4 years |
| Possess or use without a licence, aggravated | $75,000 or 15 years | $50,000 or 10 years | $35,000 or 7 years |
| Possess an unregistered firearm, section 27 | $35,000 or 7 years | $20,000 or 4 years | $10,000 or 2 years |
| Trafficking, section 22, single firearm, first offence | $75,000 or 15 years | $50,000 or 10 years | $35,000 or 7 years |
| Trafficking, aggravated, single firearm, first offence | $100,000 or 20 years | $100,000 or 20 years | $50,000 or 10 years |
| Possess a digital blueprint, section 37A | $75,000 or 15 years | $50,000 or 10 years | $35,000 or 7 years |
Where trafficking involves two or more firearms, or is a subsequent offence, the maximum is imprisonment for 20 years (section 22(11)). The aggravated trafficking tier applies only where a supplier or dealer supplied a person under 18 (section 22(14)). The prosecutor may proceed summarily on section 9 and section 37A charges, and on a first section 22 charge, unless a prescribed firearm is involved; the maximum is then $10,000 or 2 years (sections 9(6), 22(12) and 37A(6)). Storage and transport contraventions work differently.
| Offence category declared by the code | Maximum penalty |
|---|---|
| A | $75,000 or 15 years imprisonment |
| B | $50,000 or 10 years imprisonment |
| C | $20,000 or 4 years imprisonment |
| D | $10,000 or 2 years imprisonment |
| E | $5,000 or 1 year imprisonment; expiation fee $315 where the code declares the contravention expiable |
| F | $2,500; expiation fee $210 where the code declares the contravention expiable |
Figures are current to the Act as in force from 19 February 2026, the Firearms Regulations 2017 (SA) as in force from 8 July 2021 and the Sentencing Act 2017 (SA) as in force from 16 February 2026.
Book a same-day free 30-minute consultation. If police have seized firearms from your home or business, the next few days shape the case. Call (08) 7094 2021 today.
How similar charges tend to play out
Three illustrations of how the Act and the sentencing cases combine on ordinary facts. They are not predictions. Outcome depends on the facts, the record, the plea and the court.
Lower range. A licence has lapsed. During an unrelated visit police find one category A rifle in a locked safe, no ammunition nearby, no record. The charge is possession without a licence under section 9. The prosecutor may proceed summarily, which caps the maximum at $10,000 or 2 years (section 9(6)). An application for a penalty without a conviction under section 24 of the Sentencing Act 2017 is open, but it has to answer the deterrence point the courts insist on. The harder problem is the licence. A new application faces the fit and proper test, and a finding of guilt under the Act is a ground on which an applicant may be taken not to be fit and proper (section 7(3)(b)).
Middle range. A category C shotgun and loose ammunition are found in a car the person was driving but does not own, while the person is on bail for an unrelated matter. Every grant of bail carries a condition against possessing firearms unless it is varied (Bail Act 1985, section 11). Possession is deemed under section 6(2)(d), because a person who voluntarily drives a vehicle is in charge of it (R v Marafioti, decided under the equivalent 1977 provision). Ammunition in the immediate vicinity makes the charge aggravated under section 9(7), with a maximum of $50,000 or 10 years. Because the offence was committed on bail with the firearms condition, it is a serious firearm offence (Sentencing Act 2017, section 49(1)(e)(i)). On conviction, imprisonment must be imposed and cannot be suspended without a section 51(2) declaration on sworn evidence. The defences in section 6(3) are the case.
Upper range. Several firearms including a prescribed firearm, no licence, messages showing at least one sale, and membership of a club with a criminal profile. The charges are trafficking under section 22 and possession of a prescribed firearm under section 9. Trafficking in two or more firearms carries imprisonment for 20 years (section 22(11)). Supplying a firearm in contravention of section 22 is a serious firearm offence in its own right (Sentencing Act 2017, section 49(1)(g)). Police may issue an interim prohibition order under section 43, and the Registrar can seek forfeiture of every seized item under section 63. The supply cases point to immediate imprisonment: in R v Nash a fine did not give proper effect to general deterrence, and in R v Schloithe a 7 year sentence for supplying 29 firearms stood.
How do South Australian courts sentence firearms offences?
General and personal deterrence and the protection of the community are of paramount importance in firearms sentencing (R v Schloithe [2016] SASCFC 13 at [30]). The Court of Criminal Appeal has said that even simple possession will usually call for a custodial sentence (Schloithe at [34]). It has also said that people who possess unregistered firearms should understand that sentences of imprisonment will be imposed (R v Gasmier [2011] SASCFC 43 at [19]). A clean record is no guarantee of a non-conviction outcome. In Golubovic v Police [2014] SASC 79 a conviction was recorded against a man with no prior convictions, despite a submission that the offending was at the lowest end of the scale ([17], [26]). A court may still suspend a sentence of imprisonment if it thinks good reason exists (Sentencing Act 2017 (SA), section 96(1)), except where the serious firearm offender regime applies.
The serious firearm offender regime narrows that discretion further. Section 49 defines a serious firearm offence, and a person convicted of one becomes a serious firearm offender (section 50). When a serious firearm offender is sentenced for a serious firearm offence, a sentence of imprisonment must be imposed if the maximum includes imprisonment, and it cannot be suspended (section 51(1)). The only exception is a declaration under section 51(2). The person must satisfy the court, by evidence given on oath, that their personal circumstances are so exceptional as to outweigh the paramount consideration of protecting the safety of the community and personal and general deterrence. They must also satisfy the court that suspension is appropriate in all the circumstances.
The definition is wide, and a charge that looks minor can fall inside it. It includes any offence against the Firearms Act committed while on bail subject to the statutory condition against possessing firearms (section 49(1)(e)(i)), a condition every grant of bail carries unless the bail authority varies or revokes it (Bail Act 1985, section 11). It also includes supplying a firearm in contravention of section 22 (section 49(1)(g)). Under the corresponding 1988 definition, the bail limb was common ground in R v Simpson [2016] SASCFC 83 at [18]. In R v Darling [2017] SASCFC 46, an unloaded, illegally shortened shotgun found in the bedroom of a man on bail made him a serious firearm offender ([9], [11]). In R v Fusco [2017] SASCFC 47, the Court of Criminal Appeal observed that the broadened definition catches offences that differ widely in maximum penalty and circumstances ([96]). It added that courts must keep those distinctions closely in mind on an application for a declaration under the 1988 provision ([99]). Bail conditions matter from the first appearance for exactly this reason.
Outside the regime, the general suspension power applies. In R v O’Toole [2013] SASCFC 18, decided under the equivalent good reason test in the 1988 Act ([49], [50]), the Court of Criminal Appeal suspended a sentence for possessing a loaded prescribed firearm without a licence and related offences. The offences arose from the offender’s untreated post traumatic stress disorder, and the weapons were obtained for perceived protection rather than for any criminal purpose ([52], [53], [56], [57]). Vanstone J would not have suspended the sentence ([12]).
A conviction can sometimes be avoided. Section 24 of the Sentencing Act 2017 allows a court that proposes to impose a fine or community service to do so without recording a conviction. The court must think the defendant is unlikely to offend again, and that good reason exists, such as character, antecedents, a trifling offence or other extenuating circumstances. Golding v Police [2007] SASC 159 is an example under the predecessor provision. The Supreme Court allowed an appeal by a man who had pleaded guilty to possessing a firearm without a licence and failing to secure it, and recorded no conviction ([22], [23]). The recording of a conviction is one way deterrence can be reflected, and a penalty without conviction for a regulatory offence will generally be uncommon (Perre v Police [2007] SASC 347 at [23]). The application has to meet that point directly. Where a penalty is expressed as a fine or imprisonment, the two are alternatives and the court cannot impose both: R v Willingham (No 2) [2012] SASCFC 104 at [36], decided on the 1977 Act’s possession provision, which used the same form. Our guide to avoiding a conviction in South Australia explains what the application needs.
Key points
- Even simple possession will usually call for a custodial sentence, although a sentence can be suspended where good reason exists.
- A serious firearm offender sentenced for a serious firearm offence must be imprisoned, and the sentence cannot be suspended without a section 51(2) declaration made on sworn evidence. A Firearms Act offence committed on bail with the statutory firearms condition is a serious firearm offence.
- A penalty without conviction under section 24 is possible only where the court proposes a fine or community service, so it is not available where section 51 requires imprisonment. The application has to answer the deterrence point directly.
What is a firearms prohibition order?
A firearms prohibition order bans a person from firearms altogether. It is not a conviction and it does not require one. A police officer can issue an interim order, with the authorisation of a sergeant or above if the officer is below that rank, and the Registrar can issue an order under section 44. A court that finds a person guilty of an offence involving a firearm can also make the person subject to an order (section 66(1)(f)). Breaching an order carries maximum penalties as high as $75,000 or 15 years imprisonment.
Under section 43 of the Act, a police officer may issue an interim order on a suspicion on reasonable grounds of either of two things. One is that possession of a firearm by the person would be likely to result in undue danger to life or property. The other is that the person is not a fit and proper person to possess a firearm. The order applies as soon as it is issued but comes into force only when it is served personally (section 43(4)). It expires 28 days after the Registrar is given written notice of the person’s address for service (section 43(8)).
Section 44 lets the Registrar issue an order on either of two bases. The first is that possession of a firearm by the person would be likely to result in undue danger to life or property, or that the person is not fit and proper, and that an order is in the public interest. The second is a connection with organised crime: membership of or participation in a criminal organisation, past membership of an organisation that is a criminal organisation when the order is issued, or a control order under the Serious and Organised Crime (Control) Act 2008. The order comes into force when it is served personally (section 44(2)).
Fitness and propriety can turn on association. Regard may be had to the reputation, honesty and integrity of the people with whom a person associates (section 7(4)(a)). Under the predecessor provision, the District Court held that this called for something less demanding than proof of specific associations with specific people on specific occasions. It found association established from the structure of a motorcycle club whose arrangements mandated attendance at meetings: Pepper v Registrar of Firearms [2016] SADC 38 at [32] to [34].
Section 45 sets out what an order does. It suspends any licence or permit, bans acquiring, possessing or using firearms, firearm parts, sound moderators and ammunition, and requires their immediate surrender. It bans being present at clubs, ranges, arms fairs and businesses that deal in or repair firearms, and being in the company of a person who has a firearm. The person must also tell each adult who lives or proposes to live with them about the order (section 45(8)), and give the Registrar written notice of a change of address within 7 days (section 45(15)).
| Breach of a firearms prohibition order | Maximum penalty |
|---|---|
| Acquire, possess or use a firearm | $75,000 or 15 years imprisonment |
| Acquire, possess or use firearm parts, a sound moderator or ammunition | $35,000 or 7 years imprisonment |
| Fail to surrender a firearm | $50,000 or 10 years imprisonment |
| Be present at a club, range or arms fair, or in the company of a person who has a firearm | $50,000 or 10 years imprisonment |
| Be present or reside at premises where there is a firearm | $50,000 or 10 years imprisonment |
| Supply a firearm to a person subject to an order | $75,000 or 15 years imprisonment |
Maximum penalties under section 45. Current to the Act as in force 19 February 2026.
Section 57(11) gives police a compliance power where an order issued by the Registrar, or one imposed by a court, applies to a person. As reasonably required for compliance with the order, police may detain and search the person, and stop and search a vehicle in their charge or one in which they are or were a passenger. They may also enter and search premises the person occupies or is or was present in (section 57(12)). The power does not extend to an interim order issued by police. Under the predecessor provision, a search had to be reasonably required on the circumstances as they existed at the time. A search at 2 am of a person in a car with someone wanted for questioning met that test, and police did not need to suspect a breach first: R v Ioannidis [2014] SADC 198 at [48] and [49].
If someone in your household is served, that affects your firearms too. Our guide to firearms prohibition orders sets out the grounds, offences and review route.
What can police do when they suspect a firearms offence?
Section 57 holds the seizure, search and entry powers. Most of them turn on the officer suspecting on reasonable grounds, and that phrase is where a challenge to a firearms search is usually fought. The exceptions are the owner’s duty to produce a firearm for inspection on request (section 57(1)) and compliance searches under a prohibition order (section 57(11)). A suspicion on reasonable grounds and a reasonable suspicion are different concepts: R v Riera [2016] SADC 108 at [72]. Under the predecessor power, the suspicion had to exist at the time of each activity the power authorises, and a search continued after the suspicion was dispelled was unlawful: Yuen v Police [2012] SASC 149 at [16] and [22]. The officer must suspect that a firearm is on the premises. A suspicion that one might be is not enough: Holder v State of South Australia [2018] SADC 83 at [235].
A suspicion can rest on several pieces of information taken together. R v S, DF [2024] SADC 2 was decided on section 57(9) of the current Act. Police had a Crime Stoppers report that the accused was selling handguns, an earlier report linking him to an outlaw motorcycle gang, and an intelligence report about cannabis grow houses ([20], [23], [48]). Judge Stretton found that the officer did form, and was entitled to form, a suspicion within section 57(9) ([51]). The court also said it would not have excluded the evidence of the cannabis found in the house even if the search had been unlawful ([53], [54]). Odd behaviour on its own needs care. Behaviour that appears odd or different should not too quickly be associated with illegality, although the search in that case was lawful (R v Marafioti [2014] SASCFC 8 at [13] and [14]).
Police are not confined to one power at a time. Under the predecessor Act, nothing required police to elect one search power and act only under it, and invoking a general search warrant did not annul the Firearms Act power: R v Vitor [2017] SADC 116 at [82] and [84]. An officer who did not advert to a power at the time may still rely on it, if the required state of mind existed: Holder at [232] and [234]. Evidence of another offence found during a lawful search is admissible: Riera at [84].
Under section 57(2), police may seize a firearm if they suspect on reasonable grounds that it is unregistered, or that an offence under the Act has been or is being committed with respect to it. Other grounds include that the person who has it is not fit and proper, or that continued possession would be likely to result in undue danger to life or property. A firearm held in breach of a court order or an intervention order, or one that is mechanically unsafe, can also be seized. Section 57(5) adds a firearm held in breach of a bail, parole, licence or bond condition. Section 57(1) requires an owner to produce a firearm for inspection when asked, and failing to do so carries a maximum of $10,000 or 2 years.
Section 55 lets a police officer question a person the officer suspects on reasonable grounds has knowledge of matters relevant to administering or enforcing the Act. The officer can also require the person’s full name, date of birth and usual place of residence, and evidence of identity. Refusing without reasonable excuse carries a maximum of $20,000 or 4 years, or $10,000 or 2 years if prosecuted summarily (section 55(5) and (6)). An owner asked where a firearm is, or who has had it, cannot refuse to answer on the ground of self-incrimination, but the answer is not admissible except in proceedings for an offence under section 55 (section 55(7)).
Anyone who has been questioned about a firearm should write down exactly what was asked and what was said, as soon as possible. Whether the answers can be used depends on the power used and the question asked.
Key points
- Most section 57 powers need a suspicion on reasonable grounds, held at the time each power is used.
- Evidence found in a lawful firearms search is admissible even where it relates to a different offence, and police can rely on more than one search power.
- Under section 55 an owner cannot refuse to say where a firearm is, but the answer is admissible only in a prosecution under section 55.
Will you get your firearms back?
Seizure and forfeiture are separate steps. Police seize under section 57. The Registrar can then apply to a court of summary jurisdiction for forfeiture under section 63. A seized item can be held until proceedings are started or a decision is made not to start them, or for 12 months, whichever comes first, and then until any proceedings started within the 12 months are finally determined (section 63(3)). Separately, a court that finds a person guilty of an offence involving a firearm can order its forfeiture itself (section 66(1)(a)).
The grounds in section 63(2) include that the owner would not be authorised to possess the item, and that returning it would be likely to result in undue danger to life or property. They also include a failure to comply with the Act’s storage or transport requirements, an offence under the Act with respect to the item, and that return would not be in the public interest. If a ground is made out, the court may order forfeiture or another form of disposal. Under the predecessor Act, the Supreme Court held that the primary purpose of forfeiture orders is to protect the public rather than to punish. The firearms’ status as family heirlooms was outweighed by the public interest in safe storage: Pollitt v Police [2007] SASC 382 at [24] and [25]. Where a defendant has deliberately disregarded obligations under the Act, forfeiture is a likely consequence even if harsh: Jaworski v Police [2009] SASC 284 at [25].
Forfeiture does not depend on a conviction. The Registrar’s application under section 63 is a proceeding of its own, and a court that forms the view that a party to proceedings is not a fit and proper person to have a firearm can order its disposal (section 66(2)). Under the predecessor Act, forfeiture was ordered where no conviction was recorded. In Castiglione v Police [2003] SASC 209 the magistrate had formed the view that the owner was not fit and proper, which was then the prerequisite for forfeiture without a conviction ([21]). Keeping firearms to guard against antagonistic neighbours could not excuse disobedience of the gun laws ([20]). In Golding v Police [2007] SASC 159 the Supreme Court recorded no conviction and still ordered the firearm forfeited ([11], [22], [23]). An order can cover some firearms and not others: Nixon v Police [2006] SASC 202 at [43] and [44]. An unrepresented defendant should be told that the order is discretionary and that the firearms can instead be sold with the proceeds paid to them: Jaworski at [19]. For a collection with real value, that alternative is often the outcome worth arguing for.
Key points
- Seizure and forfeiture are separate steps. A seized item can be held for up to 12 months, and longer if proceedings start within that time.
- Forfeiture proceedings under section 63 do not depend on a conviction, and a court that forms the view that a person is not fit and proper can order disposal under section 66(2).
- An order that the firearms be sold with the proceeds paid to you is an alternative worth preparing for.
Are 3D printed firearms and guns illegal?
Since 19 February 2026 it has been an offence under section 37A of the Act to possess a digital blueprint for a firearm, a firearm part, a prohibited firearm accessory, a sound moderator or a restricted firearm mechanism. A digital blueprint is a drawing, code or design from which the item could be made with a 3D printer or an electronic milling machine. It is a possession offence aimed at files, not objects. Possession includes holding the file on a device or in a document, and controlling a file held on another person’s device or in cloud storage (section 37A(9)).
The offence was inserted by the Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025, assented to on 27 November 2025. The maximum is $75,000 or 15 years imprisonment for a blueprint for a prescribed firearm or a part for one, and $50,000 or 10 years for a category C, D or H firearm or part. It is $35,000 or 7 years for any other firearm or part, and for a sound moderator, restricted firearm mechanism or prohibited firearm accessory (section 37A(5)). The prosecutor may proceed summarily except for a prescribed firearm, and the maximum is then $10,000 or 2 years (section 37A(6)).
The offence does not apply to a person authorised by a licence, or otherwise permitted under the Act, to manufacture the item, or to a person holding the blueprint for official law enforcement, compliance or justice duties (section 37A(3)). Section 37A(4) gives four defences, each of which the defendant must prove. The first is not knowing, and not reasonably being expected to know, of the possession. The second is receiving the file unsolicited and taking reasonable steps to get rid of it once its nature was known. The others are that the blueprint relates to a firearm the defendant legally owns or possesses, and research approved in writing by the Registrar. Our post on 3D printed firearm blueprint offences in SA covers it in more detail.
What happens after you are charged with a firearms offence?
Three things usually happen at once. Police seize the firearms, a charge is laid, and the Registrar starts looking at your licence. They are separate processes with separate consequences, and dealing with only one is a common and expensive mistake.
The licence often moves faster than the charge. Under section 20 of the Act, the Registrar may vary a licence, suspend it pending an investigation, or cancel it on the grounds the section sets out. Cancellation is mandatory where the licensee is found guilty of an offence prescribed for that purpose (section 20(7)).
Can you keep or get back a firearms licence?
Sometimes, and the answer usually turns on the fit and proper test. A charge does not automatically end a licence, but some outcomes do. Refusals, cancellations and prohibition orders can be reviewed, and the time limits are short: an application to SACAT is due within 28 days of the decision.
Section 7 sets the gateway. A person is not fit and proper if prohibited from firearms by a court order, subject to a firearms prohibition order, or affected by an illness, condition or other circumstance that would make possession unsafe. Under section 7(3), a person may also be taken not to be fit and proper on several grounds. They include storage or handling failures, a finding of guilt for an offence under the Act or an offence involving actual or threatened violence, fraud to obtain a licence, and a current or past intervention order.
Licence categories are set by the regulations under section 12. Section 14(4) bars a new application for 3 years after the Registrar cancels a licence under section 20(6) or (7), subject to any exception in the regulations. Section 15 sets the refusal grounds. Two catch applicants regularly: personal protection is not a genuine reason to possess a firearm (section 15(3)), and a licence must not be granted to an applicant found guilty of a prescribed offence within the preceding 5 years (section 15(5)).
For an interim prohibition order, section 46 allows an application to the Registrar for review. The section sets no time limit, but the application does not affect the order’s operation (section 46(2)). The Registrar decisions listed in section 47, including refusals, suspensions and cancellations of licences, permits and registration, and the issue of a prohibition order, can be reviewed by the South Australian Civil and Administrative Tribunal (SACAT). The application is due within 28 days of the decision, or within 28 days after written reasons you asked for, and the Tribunal can extend time (section 47(2), (5) and (6)). Count from the date of the decision, not the date you read it.
Where a decision was made because of information the Registrar has classified as criminal intelligence, the only reason required is that it was made on public interest grounds (sections 15(7), 20(12), 44(7) and 47(3)). In Tribunal proceedings, the Tribunal must, on the Registrar’s application, take steps to keep that information confidential (section 48(1)). Applying for review does not stop a decision operating, but once review proceedings start, the Tribunal or the Registrar can stay it if that is just and reasonable (South Australian Civil and Administrative Tribunal Act 2013, section 36). Our guide to firearms licence refusals, cancellations and appeals sets out the process and the evidence that matters.
Key points
- A charge does not end a licence by itself, but the Registrar can suspend it pending investigation and must cancel it for prescribed offences.
- SACAT review is due within 28 days of the decision, or 28 days after written reasons you asked for.
- After the Registrar cancels a licence under section 20(6) or (7), a new application is barred for 3 years.
How do we defend a firearms charge in Adelaide?
We start with the paperwork, not the story. The charge sheet, the category of the firearm, the subsection alleged, the seizure record and any notice from the Registrar hold most of the leverage, and it is found in the first week.
| Stage | What happens | What we do |
|---|---|---|
| Seizure and charge | Police seize the firearms under section 57, lay the charge, and forward the seized items to the Registrar. | Obtain the charge sheet, the seizure record and the firearm category on day one, and check the subsection alleged against the evidence. |
| First appearance and bail | The matter is listed in the Magistrates Court. Every grant of bail carries a condition against possessing firearms, ammunition and firearm parts unless it is varied. | Explain the firearms condition, because a firearms offence committed on that bail is a serious firearm offence, and request the prosecution brief. |
| Registrar and licence | The Registrar reviews the licence under section 20 and may suspend, vary or cancel it. A prohibition order may follow. | Calendar the 28 day SACAT window the day a notice arrives, and run the review alongside the charge rather than after it. |
| Evidence and search | The brief is served. The search, the seizure and any questioning under section 55 come under scrutiny. | Test whether the officer held a suspicion on reasonable grounds at each step, and whether your answers can be used against you. |
| Plea, trial and sentencing | The charge is contested, negotiated or pleaded, and sentencing follows a plea or a finding of guilt. | Run the classification, possession and aggravation points, and build the sentencing submission around the serious firearm offender regime and section 24. |
We act on gun charges in Adelaide and firearms offences across South Australia. We appear regularly at the Adelaide Magistrates Court and at the other South Australian courts we attend. We cannot promise an outcome, and no lawyer can. We can make sure the charge is the right charge and that the court hears more than the police summary.
Every hour matters. Book a same-day free 30-minute consultation with a senior criminal lawyer, or call (08) 7094 2021 now.
Firearms case law in South Australia
The authorities below decide the points this page relies on. Each is cited to AustLII, with the paragraphs where the point is made. Most were decided under the Firearms Act 1977 or the Criminal Law (Sentencing) Act 1988, and each note says so. The guide for each charge carries the cases specific to it.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| R v Schloithe [2016] SASCFC 13 | Court of Criminal Appeal | Deterrence and community protection paramount; even simple possession usually calls for custody | [30], [34], [37] |
| R v Gasmier [2011] SASCFC 43 | Court of Criminal Appeal | Possessing unregistered firearms treated very seriously; imprisonment to be expected | [19] |
| Golubovic v Police [2014] SASC 79 | Supreme Court | Conviction recorded for a first offender despite a lowest end submission | [15], [17], [26] |
| R v Simpson [2016] SASCFC 83 | Court of Criminal Appeal | Common ground that firearms offences on bail with the firearms condition were serious firearm offences | [18] |
| R v Darling [2017] SASCFC 46 | Court of Criminal Appeal | Possession while on bail made the offender a serious firearm offender; resentenced from a 2 year starting point | [9], [11], [27], [37] |
| R v Fusco [2017] SASCFC 47 | Court of Criminal Appeal | Broadened definition catches offences of very different gravity; distinctions to be kept in view on a declaration | [92], [93], [96], [99] |
| R v O'Toole [2013] SASCFC 18 | Court of Criminal Appeal | Good reason to suspend where the offences arose from untreated PTSD and the weapons were held for perceived protection | [50], [52], [56], [62] |
| Golding v Police [2007] SASC 159 | Supreme Court | No conviction recorded for unlicensed possession; firearm still forfeited | [11], [22], [23] |
| Perre v Police [2007] SASC 347 | Supreme Court | Recording a conviction is one way deterrence is reflected; no conviction generally uncommon for regulatory offences | [23] |
| R v Willingham (No 2) [2012] SASCFC 104 | Court of Criminal Appeal | A fine or imprisonment are alternatives, not cumulative | [36] |
| R v Beedar [2016] SADC 159 | District Court | Defendant must establish the knowledge defence on the balance of probabilities | [16], [17] |
| R v Fuller [2012] SASCFC 101 | Court of Criminal Appeal | Raising the knowledge defence is not enough; it must be proved on the balance of probabilities | [47], [50] |
| R v Marafioti [2014] SASCFC 8 | Court of Criminal Appeal | A person who voluntarily drives a vehicle is in charge of it; odd behaviour not too quickly associated with illegality | [13], [23], [31] |
| Pepper v Registrar of Firearms [2016] SADC 38 | District Court | "Associates" construed purposefully; association proved from club structure | [32] to [34] |
| R v Ioannidis [2014] SADC 198 | District Court | Prohibition order search judged by what was reasonably required at the time; no prior suspicion of breach needed | [46], [48], [49] |
| Coff v Registrar of Firearms [2016] SADC 140 | District Court | Cancellation needs reasonable satisfaction of the facts; offences do not automatically disqualify; public safety given substantial weight | [50], [54], [62], [67] |
| R v Riera [2016] SADC 108 | District Court | Reasonable suspicion and suspicion on reasonable grounds are different concepts; evidence of another offence found in a lawful search admissible | [68], [72], [81], [84] |
| R v Rogers [2011] SASC 40 | Supreme Court | What a reasonable suspicion requires | [18] to [22] |
| Yuen v Police [2012] SASC 149 | Supreme Court | Suspicion needed at each step; search unlawful once the suspicion is dispelled | [16], [22] |
| Holder v State of South Australia [2018] SADC 83 | District Court | Officer must suspect a firearm is there, not that one might be; a power not adverted to may be relied on | [232], [234], [235] |
| R v S, DF [2024] SADC 2 | District Court | Section 57(9) suspicion formed on Crime Stoppers and intelligence reports | [20], [23], [48], [51] |
| R v Vitor [2017] SADC 116 | District Court | No need to elect one search power; a general search warrant did not annul the Firearms Act power | [82], [84] |
| Pollitt v Police [2007] SASC 382 | Supreme Court | Forfeiture protects the public rather than punishing; heirloom value outweighed | [20], [24], [25] |
| Jaworski v Police [2009] SASC 284 | Supreme Court | Deliberate disregard makes forfeiture likely even if harsh; unrepresented defendant to be told of the sale alternative | [19], [25] |
| Castiglione v Police [2003] SASC 209 | Supreme Court | Forfeiture without conviction where the owner was not fit and proper; protection from neighbours no excuse | [8], [20], [21] |
| Nixon v Police [2006] SASC 202 | Supreme Court | Forfeiture or disposal, not both; an order may cover some firearms only | [34], [41], [43], [44] |
Case notes
R v Schloithe [2016] SASCFC 13
A supply case: the offender had supplied 29 firearms to people not authorised to acquire them ([35]). Gray J, with whom Kelly J agreed, said at [30] that general and personal deterrence and the protection of the community are of paramount importance in sentencing firearms offenders. At [34] he said that since the 2008 amendments to the 1977 Act the court has consistently emphasised severe penalties, so that even simple possession will usually call for a custodial sentence. Permission to appeal was granted and the appeal dismissed ([37], [38]); Blue J would have allowed it ([147]).
R v Gasmier [2011] SASCFC 43
At [19] the Court of Criminal Appeal said that the maximum penalties for possessing unregistered firearms that are unsecured reflect the seriousness of that offending. It added that courts must make it clear to those who possess unregistered firearms that the offending will be treated very seriously and that sentences of imprisonment will be imposed. Decided under the 1977 Act.
Golubovic v Police [2014] SASC 79
Kelly J dismissed an appeal against the recording of a conviction for a firearms offence by a man with no prior convictions. He held at [15] that the magistrate had to give paramount consideration to general and personal deterrence. At [26] he held that it was not a case for no conviction, despite the submission noted at [17] that the offending was at the lowest end of the scale. Decided under the 1977 Act.
R v Simpson [2016] SASCFC 83
At [18] the Court of Criminal Appeal recorded that it was common ground that the appellant’s firearms offences were serious firearm offences, because he committed them while on bail subject to the statutory condition against possessing firearms. The definition was then in section 20AA(1)(e) of the 1988 Act. The current equivalent is section 49(1)(e)(i) of the Sentencing Act 2017.
R v Darling [2017] SASCFC 46
Police searching for the defendant’s son found an unloaded, illegally shortened shotgun hidden in the defendant’s bedroom ([9]). Because he was on bail on another charge, he was sentenced as a serious firearm offender under the 1988 Act ([11]). Peek J, with whom Blue and Doyle JJ agreed, adopted a starting point of 2 years, applied a 30 per cent reduction for the plea ([27]), and resentenced him to 16 months and 23 days on that charge ([37]).
R v Fusco [2017] SASCFC 47
Peek J, with whom Blue and Doyle JJ agreed, noted at [92] and [93] that the 1988 definition of serious firearm offence was greatly expanded for offences committed from 7 February 2016. At [96] he said that the broadened concept catches offences that differ widely in maximum penalty and circumstances, and at [99] that courts must keep those distinctions closely in mind on an application for a declaration. These were observations made in passing, because the offence predated the expansion ([92]).
R v O'Toole [2013] SASCFC 18
The offender pleaded guilty to possessing a loaded prescribed firearm without a licence and related offences ([3]). Peek J, with whom Sulan J agreed, found good reason to suspend the sentence under the general suspension power in the 1988 Act ([49], [50], [56]). The offences arose from the offender’s untreated post traumatic stress disorder, and the weapons were obtained for perceived protection, not for any criminal purpose ([52], [53]). The appeal was allowed and the sentence suspended on a supervised bond ([62]). Vanstone J would not have suspended it ([12]).
Golding v Police [2007] SASC 159
Kelly J held at [11] that a conviction did not have to be recorded before forfeiture could be ordered. He allowed an appeal by a man who had pleaded guilty to possessing a firearm without a licence and failing to secure it, set aside the penalty, recorded no conviction and ordered the firearm forfeited ([22], [23]). Decided under the 1977 Act and the predecessor to section 24 of the Sentencing Act 2017.
Perre v Police [2007] SASC 347
The appeal was against the penalty for two breaches of the firearms regulations then in force ([1]). Vanstone J said at [23] that general and personal deterrence is a paramount consideration in sentencing for regulatory offences. Recording a conviction is one way deterrence can be reflected, and a penalty without a conviction for such offences will generally be uncommon. The appeal was dismissed ([31]).
R v Willingham (No 2) [2012] SASCFC 104
At [36] the Court of Criminal Appeal held that the penalties in the 1977 Act’s possession provision, expressed as a fine or imprisonment, could only be imposed in the alternative. It contrasted the many South Australian provisions that say “or both”. The current Act’s penalty provisions use the same “or” form.
R v Beedar [2016] SADC 159
Judge Soulio explained at [16] that once the prosecution proves occupation, or care, control or management, of the premises beyond reasonable doubt, the accused may rely on the statutory defence. At [17] he held that the accused must establish on the balance of probabilities that they did not know, and could not reasonably be expected to have known, that the firearm was there. Decided under the 1977 Act.
R v Fuller [2012] SASCFC 101
The Court of Criminal Appeal held at [47] and [50] that a defendant who relies on lack of knowledge to answer the deeming provision must prove the statutory defence on the balance of probabilities. Raising it is not enough. Decided under the 1977 Act. Section 6(3) of the current Act also requires the person to prove the defence. The general defence the court also discussed ([71], [74]) does not apply to a section 9 charge under the current Act (section 75(2)(a)).
R v Marafioti [2014] SASCFC 8
Kourakis CJ, with whom Vanstone and Stanley JJ agreed, said at [23] that the deeming provision sits in a scheme that extends the common law concept of possession, which favours a broad reading of “in charge of”. He held at [31] that a person who voluntarily drives a vehicle is in charge of it. At [13] he said that behaviour which appears odd or different should not too quickly be associated with illegality, although the search in that case was lawful ([14]). Decided under the equivalent provision of the 1977 Act, now section 6(2)(d).
Pepper v Registrar of Firearms [2016] SADC 38
Judge Tilmouth held at [32] that “associates”, in the provision allowing regard to the reputation of a person’s associates, must be construed purposefully. It calls for something less demanding than proof of specific associations with specific people on specific occasions. At [33] and [34] he found association established from the nature and structure of a motorcycle club whose arrangements mandated attendance at meetings. Decided under the 1977 Act; the current provision is section 7(4)(a).
R v Ioannidis [2014] SADC 198
Judge Davison held that a search of a person under a prohibition order must be reasonably required. That is judged by a person thinking reasonably about the need as well as by the officer ([46]), on the circumstances as they existed at the time ([48]). At [49] he held that a search at 2 am of a person in a car with someone wanted for questioning was reasonably required, and that police need not suspect a breach before searching. Decided under the predecessor provision.
Coff v Registrar of Firearms [2016] SADC 140
Judge Slattery held at [50] that a decision to cancel requires the Registrar to be reasonably satisfied of the material facts, suspicion or speculation not being enough. At [54] he held that committing offences does not automatically mean a person is not fit and proper, but that public safety must be given substantial weight. Where a firearms offence was combined with drug offences, the appeal against cancellation was dismissed ([62], [67]). Decided under the 1977 Act.
R v Riera [2016] SADC 108
Judge Muscat adopted at [68] Duggan J’s analysis of reasonable suspicion in R v Rogers, and said at [72] that a reasonable suspicion and a suspicion based on reasonable grounds are different concepts. At [81] he distinguished Ercegovic v Higgins, because the information directly connected the association to the defendant’s home at a time close to the intelligence about the firearms. At [84] he said that evidence of another offence discovered in the course of a lawful search is admissible. Decided under the 1977 Act.
R v Rogers [2011] SASC 40
Duggan J analysed at [18] to [22] what a reasonable suspicion requires: more than idle wondering and less than belief, with an objective element, and an assessment of the reliability of any informant. The case concerned a drug search power. The District Court adopted the passage for the firearms search power in Riera at [68].
Yuen v Police [2012] SASC 149
White J held that the predecessor entry and search power required the officer to have the requisite suspicion at the time of each activity it authorises ([16]). A search continued after the suspicion was dispelled was unlawful ([22]). The evidence was nevertheless admitted in the exercise of the discretion ([39], [40]).
Holder v State of South Australia [2018] SADC 83
In a civil claim for trespass, Judge Millsteed held at [235] that the power to enter and search premises requires a suspicion on reasonable grounds that a firearm is there. A suspicion that one might be there is not enough. At [232] and [234] he held that officers who did not turn their minds to the power may still rely on it if they had the required state of mind at the time of entry. Decided under the 1977 Act.
R v S, DF [2024] SADC 2
Judge Stretton, on section 57(9) of the current Act. Police searched the accused’s home on a Crime Stoppers report that he was selling handguns, an earlier report linking him to an outlaw motorcycle gang, and an intelligence report that he was involved in setting up cannabis grow houses ([20], [23], [48]). At [51] the court found that the officer did form, and was entitled to form, a suspicion within section 57(9). The court added that, had the search been unlawful, it would not have excluded the evidence of the cannabis found ([53], [54]).
R v Vitor [2017] SADC 116
Judge Clayton said at [82] that nothing requires police to elect one search power and act only under it. At [84] he found that invoking a general search warrant did not annul the power to enter and search under section 32 of the 1977 Act.
Pollitt v Police [2007] SASC 382
Gray J said at [20] that the overriding policy of the firearms legislation is to protect the public from the unsafe or criminal use of firearms. He held at [24] that the primary purpose of forfeiture orders is to protect the public rather than to impose penalties. At [25] he held that any status the firearms had as family heirlooms was outweighed by the public interest in safe and secure storage. Decided under the 1977 Act.
Jaworski v Police [2009] SASC 284
Sulan J held at [25] that where a defendant has deliberately disregarded obligations under the Act, forfeiture is a likely consequence even if harsh, although an order is not made to punish. At [19] he held that an unrepresented defendant should have been told that forfeiture was sought, that the order was discretionary, and that he could apply for the firearms to be sold with the proceeds paid to him. On resentencing he set aside the forfeiture, because the breaches were due to oversight and negligence ([32]). Decided under the 1977 Act.
Castiglione v Police [2003] SASC 209
Gray J said at [8] that general deterrence is of great importance in cases involving firearms. He said at [20] that keeping firearms to guard against antagonistic neighbours could not excuse or justify disobedience of the gun laws. He dismissed an appeal against a forfeiture order made although no conviction was recorded ([22]). The magistrate had formed the view that the owner was not a fit and proper person, which under the 1977 Act was the prerequisite to forfeiture without a conviction ([21]).
Nixon v Police [2006] SASC 202
Layton J held that the 1977 Act allowed an order for forfeiture or an order for disposal as the court directed, but not both ([32] to [34]). An order was required on conviction but need not be forfeiture ([41]), and forfeiture could be limited to some firearms and not others ([43], [44]). Under the current Act, orders under section 66 are discretionary.
Frequently asked questions
What happens to my firearms licence if I am charged with a criminal offence?
A charge alone does not cancel a licence, but it can trigger action. Under section 20 of the Firearms Act 2015 (SA), the Registrar may suspend a licence pending an investigation, or vary or cancel it, and must cancel it if the licensee is found guilty of an offence prescribed for that purpose. An application for review by SACAT is due within 28 days of the decision.
Will I go to jail for a firearms offence in South Australia?
Not always, but imprisonment is a real prospect. The courts treat general and personal deterrence as paramount in firearms sentencing, and the Court of Criminal Appeal has said that even simple possession will usually call for a custodial sentence, which may then be suspended where good reason exists. Maximums run as high as imprisonment for 20 years for trafficking in two or more firearms, while some storage code contraventions carry a fine only. Where a serious firearm offender is sentenced for a serious firearm offence under the Sentencing Act 2017 (SA), imprisonment must be imposed and cannot be suspended unless the court makes a declaration under section 51(2) on evidence given on oath. Whether the charge falls inside that regime is the first question, because it changes how the whole case is run.
What is the penalty for possessing a firearm without a licence in SA?
Under section 9 of the Firearms Act 2015 (SA), the maximum is $20,000 or 4 years imprisonment for a category A or B firearm, $35,000 or 7 years for category C, D or H, and $50,000 or 10 years for a prescribed firearm. The aggravated forms carry $35,000 or 7 years, $50,000 or 10 years and $75,000 or 15 years. If the prosecutor proceeds summarily, which is not possible for a prescribed firearm, the maximum is $10,000 or 2 years.
Is a gel blaster a firearm in South Australia?
Yes. Regulation 4 of the Firearms Regulations 2017 (SA) declares a gel blaster to be a firearm, and regulation 8A brings gel blasters within the definition of paint-ball firearm, which places them in category A. Possessing one is therefore regulated as possessing a category A firearm. Gel balls themselves are declared not to be ammunition by regulation 3A.
Can I be charged if the firearm was not mine?
Yes, and it happens often. Under section 6 of the Firearms Act 2015 (SA) you possess a firearm you have physical possession or control of, have and exercise access to, or control access to, whether or not it belongs to you. You are also taken to possess a firearm found on premises you occupy or manage, or in a vehicle you are in charge of. For that last limb you have a defence if you prove, on the balance of probabilities, that you did not know and could not reasonably be expected to have known the firearm was there. You also have a defence if it was in someone else’s lawful possession, or you believed on reasonable grounds that it was. A person who voluntarily drives a vehicle is in charge of it.
Do I have to answer police questions about a firearm?
Sometimes. Under section 55 of the Firearms Act 2015 (SA), a police officer can require you to answer questions if the officer suspects on reasonable grounds that you know something relevant to administering or enforcing the Act. The officer can also require your full name, date of birth and usual place of residence, and evidence of identity. Refusing without reasonable excuse carries a maximum of $20,000 or 4 years. An owner asked where a firearm is, or who has had it, cannot refuse on the ground of self-incrimination, but the answer is not admissible except in a prosecution under section 55. Which power was used and what was asked decides whether your answers can be used, so the exact words matter.
Can I get my firearms back after police seize them?
Sometimes. Seizure under section 57 and forfeiture under section 63 of the Firearms Act 2015 (SA) are separate steps, and forfeiture needs a court order on the Registrar’s application. The primary purpose of forfeiture is to protect the public, and under the predecessor Act heirloom value did not outweigh the public interest in safe storage. Forfeiture can be ordered even where no conviction is recorded. An order that the firearms be sold with the proceeds paid to you is an alternative to raise. A seized item can be held for up to 12 months, and longer if proceedings start within that time.
How do I challenge a firearms prohibition order?
Act immediately. An interim order issued by police can be reviewed by the Registrar under section 46 of the Firearms Act 2015 (SA). The section sets no time limit, but the order keeps operating while the review runs, and an interim order expires 28 days after the Registrar receives your address for service. An order issued by the Registrar can be reviewed by the South Australian Civil and Administrative Tribunal under section 47, and the application is due within 28 days of the decision, or within 28 days after written reasons you asked for. Where the decision rests on criminal intelligence, the only reason required is that it was made on public interest grounds. Once review proceedings start, the Tribunal or the Registrar can stay the order if that is just and reasonable.
Can a firearms charge be dealt with without a conviction?
Sometimes. Section 24 of the Sentencing Act 2017 (SA) allows a court that proposes to impose a fine or community service to do so without recording a conviction, where the defendant is unlikely to offend again and good reason exists. Under the predecessor provision the Supreme Court recorded no conviction for unlicensed possession in Golding v Police. For regulatory offences a penalty without conviction will generally be uncommon, because the courts treat deterrence as paramount. It is not available where a serious firearm offender is sentenced for a serious firearm offence, because imprisonment must then be imposed. Our guide to avoiding a conviction in South Australia explains what the application needs.
Which court hears a firearms charge in South Australia?
Most firearms charges start in the Magistrates Court. Summary charges are heard there, and minor indictable charges usually are too. The prosecutor may proceed summarily on a section 9 charge unless the firearm is prescribed, which caps the maximum at $10,000 or 2 years. Charges with a maximum above 5 years imprisonment, which include most charges involving prescribed firearms, trafficking and aggravated possession, are major indictable offences for the District Court unless they are prosecuted summarily. Decisions about your licence or a prohibition order are reviewed by SACAT, not by the criminal court.
Is a firearms charge worse if drugs are involved?
Yes, in three ways. Under section 9(7) of the Firearms Act 2015 (SA), a possession offence is aggravated if it was committed in connection with, or at the same time as, conduct that would be a prescribed offence against the Controlled Substances Act 1984. That lifts the maximum to the aggravated tier. Where the possession was in the course of, or for a purpose related to, a serious drug offence, the firearms offence is a serious firearm offence (Sentencing Act 2017 (SA), section 49(1)(d)). And on the licence side, the District Court dismissed an appeal against cancellation where a firearms offence was combined with drug offences (Coff v Registrar of Firearms).
Can I be charged separately for ammunition, parts or accessories?
Yes. Section 31 of the Firearms Act 2015 (SA) makes it an offence to acquire, own or possess ammunition without a firearms licence for a firearm of a category designed to fire it, or a permit. The maximum is $10,000 or 2 years, and there is no aggravated form. Firearm parts, sound moderators, prohibited firearm accessories and restricted firearm mechanisms are regulated separately and can be seized on their own under section 57(3). Ammunition in the immediate vicinity of a firearm is also one way a possession charge becomes aggravated under section 9(7).
What are the rules for transporting a firearm in South Australia?
The storage and transport code in Schedule 1 of the Firearms Regulations 2017 (SA) applies while a firearm is being transported, not only at home. Where the vehicle has a lockable boot, glove box or other compartment, the firearm must be locked in it, kept apart from ammunition where reasonably practicable, and kept out of sight so far as reasonably practicable (clause 26). It must not be loaded (clause 27), and the vehicle key must stay with you or under your immediate control (clause 7(7)). Breaching the code is an offence under section 35(3), and the maximum depends on the offence category the code assigns to the provision breached. Our guide to firearm storage offences sets out the code provision by provision.
Are machetes and swords illegal in South Australia?
Yes, unless an exemption applies. Machetes and swords became prohibited weapons on 1 July 2025 under regulation 6 of the Summary Offences Regulations 2016 (SA). Dealing in, using or possessing one carries a maximum of $20,000 or 2 years imprisonment under section 21F(1) of the Summary Offences Act 1953 (SA). An exemption for machetes used for gardening or camping is in the amending Act but had not commenced as at 24 October 2026. Until it does, the exemptions in force in Schedule 2, such as use reasonably required in a business or employment, are the ones that count.
Is it an offence to have 3D printed gun files in SA?
Yes, since 19 February 2026. Section 37A of the Firearms Act 2015 (SA) makes it an offence to possess a digital blueprint for a firearm, firearm part, prohibited firearm accessory, sound moderator or restricted firearm mechanism. A digital blueprint is a file from which the item could be made with a 3D printer or electronic milling machine. Exceptions and defences apply, and maximums reach $75,000 or 15 years imprisonment.
Do I need a lawyer for a firearms charge?
Not every matter needs one, but most do, because firearms charges carry three consequences at once: a criminal penalty, the loss of a licence, and often the loss of the firearms themselves. Category and subsection errors change the maximum penalty substantially. A free 30-minute consultation will tell you where you stand.
South Australian courts we attend for firearms matters
We appear in every metropolitan and regional Magistrates Court listed below, and in the District Court and Supreme Court for firearms matters that go there.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.
Related firearms and criminal law guides
Related guides
- Possessing a firearm without a licence
- Unregistered firearm offences
- Firearms prohibition orders
- Firearm storage and code of practice offences
- Firearms trafficking and supply
- Firearms licence refusals, cancellations and appeals
- Knife and prohibited weapon offences
- Imitation firearms and gel blasters
- Criminal Defence
- Summary offences in SA
- Avoiding a conviction in South Australia
- Courts we attend