Unregistered Firearm SA: Charges, Penalties and Defences
Unregistered firearm charges in South Australia
Unregistered firearm SA charges are not licence charges. A licence authorises the person. Registration attaches to the individual firearm, which is why a licensed shooter, a farmer and a beneficiary of an estate can all end up facing the same charge. Every hour matters: book a same-day free 30-minute consultation or call (08) 7094 2021 now to speak with a senior criminal lawyer.
Unregistered firearm: key facts
| Issue | Position in South Australia |
|---|---|
| The charges | Possessing an unregistered firearm, section 27(1) of the Firearms Act 2015 (SA); being the owner of a firearm that is not registered in your name, section 27(3). A person who owns the firearm only because they hold it in a representative capacity, such as an executor or administrator, is outside section 27(3) (section 27(4)(b)). |
| Maximum penalty | $10,000 or 2 years for a category A or B firearm; $20,000 or 4 years for category C, D or H; $35,000 or 7 years for a prescribed firearm (section 27(6)). No aggravated tier. |
| Which court | Magistrates Court for most matters: the charge is a summary offence for a category A or B firearm and a minor indictable offence for a category C, D or H firearm. For a prescribed firearm the 7 year maximum makes it a major indictable offence, dealt with in the District Court (Criminal Procedure Act 1921 (SA), section 5). |
| What the prosecution must prove | That the item is a firearm within section 4, that it was not registered (or not registered in your name), and that you possessed it within the extended meaning in section 6, or owned it. |
| The onus that shifts | Once the prosecution proves that you occupied or managed the premises, or were in charge of the vehicle, where the firearm was found, it is for you to prove on the balance of probabilities that you did not know, and could not reasonably be expected to have known, that it was there, or that it was in another person's lawful possession, or that you believed on reasonable grounds that it was (section 6(3)). |
| The defence with a clock | Section 27(2): 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 where ownership passed lawfully within the 14 days. |
| The general defence | Section 75: proof that the offence was not committed intentionally and did not result from any failure on your part to take reasonable care to avoid it. It is excluded for a section 9 licence charge, but section 27 is not on the excluded list. |
| Charges laid with it | Unlicensed possession (section 9), acquiring without a permit (section 22), storage breaches (section 35), and a prohibition order breach (section 45) where one applies. |
| Typical outcome | Anything from a penalty without a conviction under section 24 of the Sentencing Act 2017, the kind of order sought where an inherited or long forgotten firearm was handed in promptly, to imprisonment where the registration failure sits beside other firearms or drug offending. The Court of Criminal Appeal has said that those who possess unregistered firearms will be treated very seriously and that sentences of imprisonment will be imposed (R v Gasmier [2011] SASCFC 43 at [19]). Every case turns on its facts. |
| Licence consequences | A finding of guilt under the Act, with or without a conviction, is a ground on which you may be taken not to be fit and proper (section 7(3)(b)), and the Registrar may cancel on that ground (section 20(6)); a cancellation under section 20(6) or (7) bars a new application for 3 years (section 14(4)). Section 27 is not a prescribed offence, so the 5 year bar on a new licence (section 15(5)) and mandatory cancellation (section 20(7)) follow only where a prescribed charge, such as section 9 or section 22, is proved with it. A past failure to produce a firearm for registration is a ground to refuse a permit to acquire (section 23(3)(j)). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
What is an unregistered firearm charge in SA?
Under section 27(1) of the Firearms Act 2015 (SA) (the Act), it is an offence to possess an unregistered firearm. A separate offence applies to the owner of a firearm that is not registered in their name. Registration is about the firearm itself, so a fully licensed person can still be charged.
Police often lay this charge alongside others. If a firearm was not registered and you did not hold a licence authorising it, you can face a section 27 charge and a separate charge under section 9 of the Act over the same firearm on the same day. Different offences, different maximum penalties, answered in different ways.
This page sits under our firearms offences in South Australia guide. Its figures are current to the Firearms Act 2015 (SA) 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.
On this page
- Licence versus registration
- Penalties for an unregistered firearm
- The two limbs of section 27
- The 14 day defence
- Inherited firearms
- Permits to acquire and the 28 day wait
- Gel blasters and imitations
- How similar charges tend to play out
- How the courts sentence registration offences
- Your licence
- How the charge is defended
- Case law in South Australia
- Frequently asked questions
Is a firearms licence the same as firearm registration?
No. A licence authorises the person to possess or use firearms of a particular category for an authorised purpose. Firearm registration in SA attaches to the individual firearm and records who it belongs to. You can hold a current licence and still possess an unregistered firearm, and you can face both charges at once.
| Firearms licence (section 9) | Firearm registration (section 27) | |
|---|---|---|
| What it attaches to | The person | The individual firearm |
| What the offence is | Possessing or using a firearm without a licence authorising it | Possessing an unregistered firearm, or being the owner of a firearm not registered in your name |
| Maximum penalty, prescribed firearm | $50,000 or imprisonment for 10 years | $35,000 or imprisonment for 7 years |
| Maximum penalty, category C, D or H firearm | $35,000 or imprisonment for 7 years | $20,000 or imprisonment for 4 years |
| Maximum penalty, any other firearm | $20,000 or imprisonment for 4 years | $10,000 or imprisonment for 2 years |
The section 9 figures are basic maximums. Section 9 also has an aggravated form, with higher maximums in section 9(5). 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 the offence was committed in connection with, or at the same time as, a prescribed offence against the Controlled Substances Act 1984. Section 27 carries no equivalent aggravated tier, which you can check by reading section 27 in full on the legislation register. The licence charge is covered on our page about possessing a firearm without a licence.
Two charges, two answers. Fixing the registration problem does not answer the licence charge, and holding a licence does not answer the registration charge.
What are the penalties for possessing an unregistered firearm?
The maximum penalty depends on the category of the firearm. Under section 27(6) of the Act it is $35,000 or imprisonment for 7 years for a prescribed firearm, $20,000 or imprisonment for 4 years for a category C, D or H firearm, and $10,000 or imprisonment for 2 years for any other firearm.
| Firearm | Maximum penalty |
|---|---|
| Prescribed firearm | $35,000 or imprisonment for 7 years |
| Category C, D or H firearm | $20,000 or imprisonment for 4 years |
| Any other firearm | $10,000 or imprisonment for 2 years |
Maximum penalties under section 27(6). Current to the Act as in force 19 February 2026.
These are maximums, not starting points. A court retains a discretion, and what it imposes depends on the firearm, how it came to be in your keeping, your history, and the material put before the court on your behalf. The Court of Criminal Appeal has held that a penalty expressed as a fine or imprisonment allows one or the other, not both: R v Willingham (No 2) [2012] SASCFC 104 at [36], decided under the equivalent provision of the predecessor Act.
How is the category of a firearm worked out?
Section 5 of the Act divides firearms into categories, and the category drives the penalty tier:
- Category A: air guns, including paint-ball firearms; rim fire rifles that are not self-loading; shotguns other than self-loading, pump action or lever action shotguns; and break action combination shotguns and rim fire rifles.
- Category B: muzzle loading firearms other than handguns, revolving chamber rifles, centre fire rifles that are not self-loading, lever action shotguns with a magazine of 5 rounds or less, and other firearms that fall in no other category.
- Category C: self-loading rim fire rifles with a magazine of 10 rounds or less, and self-loading or pump action shotguns with a magazine of 5 rounds or less.
- Category D: self-loading centre fire rifles, self-loading rim fire rifles with a magazine of more than 10 rounds, and self-loading, pump action or lever action shotguns with a magazine of more than 5 rounds.
- Category H: handguns that are not prescribed firearms.
- Prescribed firearms: automatic firearms, mortars, bazookas and similar military firearms designed to fire explosive projectiles, firearms designed to fire tear gas or poison, firearms designed to look like other objects, and kinds declared by regulation.
Check the category on the charge sheet against the firearm itself. The step from category A or B to category C, D or H doubles the maximum, from $10,000 or 2 years to $20,000 or 4 years.
The two limbs of section 27
Section 27 catches two different groups of people. The first limb is about possession, and possession under the Act reaches beyond holding a firearm in your hands. The second limb is about ownership, and it applies whether or not you have ever handled the firearm. It does not reach a person who owns the firearm only because they hold it in a representative capacity, such as an executor.
Limb one: possessing an unregistered firearm
The first limb sits in section 27(1). Section 6 defines possession broadly. It includes physical possession or control, having the firearm in the physical possession or control of another person, having and exercising access to it, and controlling access to it. It also includes occupying, or having care, control or management of, premises, or being in charge of a vehicle, vessel or aircraft, where the firearm is found.
That last part reaches people who never touched the firearm. If an unregistered firearm is found in a shed on a property you occupy, in a garage you manage, or in a car you were driving, you are within the section on its face. The courts read the equivalent provision of the 1977 Act widely. The Court of Criminal Appeal gave “in charge of” a broad reading and held that it includes a voluntary driver: R v Marafioti [2014] SASCFC 8 at [23] and [31]. The District Court held that the premises limb is cast disjunctively, so proof of any one of occupation, care, control or management is enough: R v Sandery [2013] SADC 38 at [25]. There are limits: a locker within a building was held not, of itself, to be “premises”: R v Joyce [2014] SADC 125 at [82].
Section 6(3) contains two defences to the premises and vehicle limb, and in a possession case they are often the whole contest. The first is that you did not know, and could not reasonably be expected to have known, that the firearm was there. The second is that it was in another person’s lawful possession, or that you believed on reasonable grounds that it was. The Act puts the burden of proving either defence on you. Under the equivalent 1977 provision, the Court of Criminal Appeal held that the standard is the balance of probabilities: R v Fuller [2012] SASCFC 101 at [50]; see also R v Beedar [2016] SADC 159 at [16] and [17]. What did you actually know, and what can you show about what you could have known? Those questions deserve attention before anyone enters a plea.
Limb two: being the owner of a firearm not registered in your name
The second limb sits in section 27(3). It makes it an offence to be the owner of a firearm that is not registered in your name. Ownership and possession are not the same thing.
A firearm can sit in a locked safe at a relative’s house, at a club, or in a shed three hours from where you live, and the owner remains exposed. This limb catches a beneficiary who has received a firearm from an estate, a private buyer who never registered the purchase, and anyone who owns a firearm that was never registered. It does not catch an executor or administrator who owns the firearm only because they hold it in that representative capacity: section 27(4)(b). That exclusion is confined to the owner offence, and it does not pass to the beneficiary. The Act treats the transfer of a firearm to a beneficiary in the distribution of an estate as a gift, and a gift is a form of acquisition (section 4).
Registration problems get worse with time, not better. Book a same-day free 30-minute consultation, or call (08) 7094 2021 to talk it through with a lawyer before you take a step you cannot undo.
The 14 day defence for a firearm you have just acquired
Section 27(2) provides 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. It matters most in matters involving inherited firearms, deceased estates and recent private transfers. Section 27(5) gives an owner charged under section 27(3) the matching defence: ownership passed to the owner lawfully not more than 14 days before the alleged offence, and it was not reasonably practicable to register the firearm in the owner’s name in that time.
Read section 27(2) closely. It has three parts, and each has to be satisfied.
The firearm came into your possession lawfully. This is where the acquisition rules matter, and they are set out below. A firearm that arrived through an acquisition the Act prohibits, such as one made without a required permit, will not sit comfortably inside this defence.
Not more than 14 days before the alleged offence. The clock runs from when the firearm came into your possession to the date of the alleged offence. Fourteen days is short. If a relative died three months ago and an unregistered firearm is still in the house, this defence will not be available to you on its own.
Registration was not reasonably practicable in the time. This is a practical question about your actual circumstances, not a general excuse for delay. What did you do, when did you do it, and what stood in the way of doing it sooner?
If you think the defence may apply, preserve the evidence of timing while it still exists. Dates of death, a grant of probate, hospital admissions, work rosters, travel, and messages to the Registrar, a dealer or a club all bear on when the firearm came to you and what you did about it.
I have inherited a firearm. What should I do?
Get advice quickly, and do not treat an inherited firearm as a problem that can wait until the estate is finalised. An inherited firearm raises three separate questions at once: whether you are authorised to possess it, whether it is registered, and whether you were entitled to acquire it. Each of those has an offence attached to it. The transfer of a firearm to a beneficiary in the distribution of an estate is a gift under the Act, and a gift is an acquisition. A beneficiary who takes a firearm without a permit to acquire is therefore exposed under section 22, unless one of its exceptions applies.
The situation usually looks the same. A house is cleared after a death. A rifle turns up in a wardrobe, a shotgun in a shed, or a collection in a safe nobody has opened for years. No one holds a licence, and the instinct is to leave it all where it is until the will is sorted out.
That instinct works against you, because the section 27(2) defence is measured in days, not months. Every week the firearm stays where it is, one of your better answers to a charge gets weaker.
The same problem arrives in other forms: a firearm left behind by a former partner, one bought privately a decade ago and never moved across on the register, or a collection inherited by two siblings where only one holds a licence.
The right first step depends on where the firearm is, who has access to it, and what has already been said to anyone. An executor or administrator holding the firearm in that capacity is outside the owner offence in section 27(3), but the exclusion is limited to that offence and ends for practical purposes once the firearm passes to a beneficiary.
While a firearm is in your keeping, the storage and transport obligations under the Act still apply. The regulations set out a code of practice for the security, storage and transport of firearms and ammunition, and contravening the code is an offence under section 35(3) of the Act. Our page about firearm storage offences explains how that works.
Permits to acquire and the 28 day waiting period
Acquiring a firearm in South Australia requires a permit to acquire from the Registrar. A permit cannot be granted until 28 days after the application, unless you already own a registered firearm of the same category, or the Registrar is satisfied that it is safe to grant it sooner and that there are special reasons (section 23(9) and (10)).
Section 23 of the Act sets out the permit scheme, and section 22(1) makes acquiring without a permit an offence. A licensed dealer acquiring in the ordinary course of the dealer’s business is the main exception (section 22(3)). For everyone else the permit comes first and the firearm second.
The Registrar can refuse a permit. The grounds in section 23(3) include these:
- You do not hold a licence that authorises possession of the firearm.
- You are not a fit and proper person.
- You have no genuine reason to acquire it, or no genuine need that a firearm you already have cannot meet. The need limb does not apply to category A firearms.
- The firearm is particularly dangerous, could easily be converted to an automatic firearm, or could be more readily concealed than others of its category.
- You acquired a firearm in the past and failed to produce it for registration.
- You have been found guilty of an offence under the Act. Past registration failures sitting on that list is a practical reason to defend a section 27 charge rather than plead to it for convenience. The charge can outlive the penalty.
Acquiring without a permit is not a paperwork problem either. Section 22 of the Act, headed trafficking in firearms, makes it an offence to acquire 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 in the acquisition or supply, provided or arranged finance for a step, or provided premises for a step (section 22(2)). The Court of Criminal Appeal described the predecessor provision the same way, as catching both the person who acquires a firearm without a permit and the person who supplies one to someone without a permit: R v Fusco [2017] SASCFC 47 at [90]. For a first offence involving one firearm, the maximum for the person who acquires runs from $35,000 or imprisonment for 7 years for a category A or B firearm to $75,000 or imprisonment for 15 years for a prescribed firearm (section 22(10)). Where more than one firearm is involved, as with an inherited collection, or for a second offence, the maximum is imprisonment for 20 years (section 22(11)). The aggravated maximums, up to $100,000 or imprisonment for 20 years, apply to a supplier or dealer who supplied a person under 18 (section 22(14)). Our page on firearms trafficking and supply covers the provision.
If someone offers to sell you a firearm privately and says the paperwork can be sorted out afterwards, that is the moment to stop and take advice.
Do gel blasters and imitation firearms have to be registered?
Yes, where they are firearms under the Act. Section 4 defines a firearm to include devices declared by regulation to be firearms. The Firearms Regulations 2017 (SA) make those declarations, and section 27 then applies in the ordinary way.
Regulation 4 declares two kinds of device to be firearms: regulated imitation firearms and gel blasters. A device is a regulated imitation firearm only if both parts of the test in regulation 4(2) are met. It must be capable of being adapted to function as a firearm with a moderate exercise of effort and skill. It must also be made of material strong enough that, once adapted, it could sustain the firing of ammunition or similar projectiles. The Registrar can determine that a particular device is not a regulated imitation firearm (regulation 4(3)), and under regulation 9 a regulated imitation firearm that closely resembles a firearm of a particular category is treated as a firearm of that category. The description on the box is not the answer.
Regulation 8A adds gel blasters, air guns designed to fire hydrated superabsorbent polymer balls or similar gel projectiles by compressed air or gas, to the definition of a paint-ball firearm. Paint-ball firearms are category A firearms under section 5(1)(a), so a gel blaster must be registered like any other category A firearm. Gel balls themselves are declared not to be ammunition (regulation 3A). Those regulations took effect on 15 April 2021.
An imitation bought online, a gel blaster given as a gift, or a replica that came with an inherited collection can each be a firearm under the Act, and section 27 applies to it exactly as it applies to a rifle. Our page on imitation firearms and gel blasters covers the classification.
How similar charges tend to play out
Three illustrations of how section 27 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 licensed category A and B shooter clears a late parent’s house, finds a bolt action rim fire rifle that was never registered to anyone, puts it in the gun safe and does nothing more for two months. The section 27(2) defence has gone because the 14 days have run. The shooter then contacts a dealer and the Registrar before police are involved. On a charge under section 27(1) for a category A firearm, maximum $10,000 or 2 years, with prompt surrender and a clean record, a penalty without conviction under section 24 of the Sentencing Act 2017 is a realistic submission. Section 27 is not a prescribed offence, so cancellation of the licence is not mandatory, but a penalty without conviction is still a finding of guilt, and the Registrar may weigh it on fitness (section 7(3)(b)).
Middle range. An unregistered category C shotgun is found in a shed on a rural property the person occupies, and an unlicensed possession charge under section 9 is laid for the same firearm because the person’s licence lapsed two years earlier. Occupation brings the person within section 6(2)(d), no section 6(3) defence is open on these facts, and the two charges are answered together. Imprisonment is a real prospect given what the Court of Criminal Appeal said in Gasmier at [19], and a suspended sentence is the usual argument. Section 9 is a prescribed offence, so a finding of guilt on that charge bars the grant of a new licence for 5 years (section 15(5)).
Upper range. Several unregistered firearms including a prescribed firearm, held by a person with no licence and a drug matter pending. Section 27 for the prescribed firearm carries $35,000 or 7 years, but the sentence is usually driven by the section 9 charge alongside it: $50,000 or 10 years for a prescribed firearm, and $75,000 or 15 years if aggravated, for example because ammunition was in the immediate vicinity. If the person was on bail subject to the statutory firearms condition, every Firearms Act offence committed on bail is a serious firearm offence. Imprisonment must then be imposed, and it cannot be suspended unless the court makes a declaration on sworn evidence of exceptional personal circumstances (Sentencing Act 2017, sections 49 and 51). The court can also order the firearms forfeited and impose a firearms prohibition order (section 66).
How do the courts sentence registration offences?
Imprisonment is available as a maximum at every tier of section 27, so it cannot be ruled out. What happens in practice depends on the firearm, the circumstances, your record and the case put at sentence. An unregistered gun charge is not treated as a paperwork slip, and it is worth preparing properly. General deterrence is of great importance in firearms cases, as Gray J said in Offe v Police (2002) 84 SASR 1 at 9 to 10, a passage the Court of Criminal Appeal adopted in R v Nash [2008] SASC 48 at [26]. In R v Gasmier [2011] SASCFC 43 at [19] the same court said 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. In Golubovic v Police [2014] SASC 79 the Supreme Court declined to interfere with a conviction recorded against a man with no prior convictions. A firearms offence calls for paramount consideration of general and personal deterrence ([15], [26]), although his counsel described the offending as at the lowest end of the scale ([17]).
One sentencing rule is worth knowing early. The Sentencing Act 2017 (SA) contains a serious firearm offender regime. A person convicted of a serious firearm offence becomes a serious firearm offender (section 50). When a serious firearm offender is sentenced for a serious firearm offence, imprisonment must be imposed where the maximum includes it, and the sentence cannot be suspended (section 51(1)). The only exception is a declaration under section 51(2), for which the offender must prove, by evidence on oath, personal circumstances so exceptional that they outweigh the paramount consideration of protecting the community and deterrence. A section 27 charge is not a serious firearm offence in its own right. It becomes one in the circumstances section 49 describes. Those include an offence committed while on bail subject to the statutory firearms condition (section 49(1)(e)(i)), and an offence involving the use or carriage of an unregistered handgun the defendant is not licensed to possess, or of a prescribed firearm (section 49(1)(a)). Under the corresponding definition in the 1988 Act, it was common ground in R v Simpson [2016] SASCFC 83 at [18] that firearms offences committed on bail subject to that condition were serious firearm offences.
Whether a conviction is recorded is a separate question. Section 24 of the Sentencing Act 2017 lets a court that proposes a fine or community service impose it without recording a conviction. The court must find that the defendant is unlikely to offend again and that good reason exists, having regard to character, antecedents, age, physical or mental condition, the trifling nature of the offence or other extenuating circumstances. In Golding v Police [2007] SASC 159 the Supreme Court allowed an appeal and recorded no conviction for possessing a firearm without a licence and failing to secure it, while ordering the firearm forfeited ([22], [23]). A penalty without conviction is still a finding of guilt, and the Act’s licensing provisions turn on findings of guilt (sections 7(3)(b), 15(5) and 23(3)(k)). Our guide on avoiding a conviction being recorded sets out how that discretion is exercised.
Key points
- General deterrence is of great importance in firearms sentencing, and a registration failure is sentenced as a firearms offence, not as an administrative lapse.
- A conviction was recorded and upheld against a man with no prior convictions in Golubovic, so a non conviction application has to be built, not assumed.
- Any Firearms Act offence committed while on bail subject to the statutory firearms condition is a serious firearm offence: imprisonment must be imposed, and it can be suspended only on a declaration based on sworn evidence of exceptional personal circumstances.
What an unregistered firearm charge can do to your licence
A charge and a finding of guilt can affect your licence separately from whatever the court imposes as a penalty. The Registrar can vary, suspend or cancel a licence, and a finding of guilt for an offence under the Act is one of the matters on which a person may be taken not to be a fit and proper person.
Section 7 of the Act sets out the fit and proper test. Under section 7(3) a person may be taken not to be fit and proper on several grounds. They include not complying with the Act’s requirements for safe handling, use, storage or transport, being found guilty of an offence under the Act or of an offence involving actual or threatened violence, and being, or having been, subject to an intervention order. Section 20 then allows the Registrar to vary, suspend or cancel a licence, including on any ground on which an application could be refused (section 20(6)(d)). A record does not automatically disqualify, but the decision must give substantial weight to the overriding consideration of public safety. In Coff v Registrar of Firearms [2016] SADC 140 at [54], [62] and [67] the District Court upheld a cancellation that followed a firearms offence combined with drug offences. The relevance of past offending may fade with time, but in Police v Losapio [2007] SASC 112 at [25] and [26] seven months was not long enough, and the decision that the licence holder was not fit and proper was restored.
Cancellation has a long tail. Subject to any exception in the regulations, a person whose licence the Registrar cancels under section 20(6) or (7) cannot apply for a new licence for 3 years (section 14(4)). Separately, a licence must not be granted to an applicant found guilty of a prescribed offence within the preceding 5 years (section 15(5)), and the Registrar must cancel the licence of a licensee found guilty of a prescribed offence (section 20(7)). Section 27 is not a prescribed offence, but sections 9 and 22 are, so the charges laid with a registration charge matter as much as the registration charge itself. The sentencing court has its own powers on a finding of guilt: it can order forfeiture, impose licence conditions, suspend or cancel a licence, disqualify you from holding one, or impose a firearms prohibition order (section 66). That is worth checking before you decide how to plead, because the licence consequence can outweigh the fine.
If the Registrar has refused, suspended or cancelled a licence, permit or registration, the decision can be reviewed by the South Australian Civil and Administrative Tribunal under section 47 of the Act. The application must be made within 28 days of the decision, or, if you asked for written reasons, within 28 days after receiving them, although the Tribunal can extend time (section 47(5) and (6)). Assume the clock is already running. Our page about firearms licence appeals sets out the process.
How we defend unregistered firearm charges
Every case starts with the elements. The prosecution has to prove that the item was a firearm within the meaning of the Act, that it was not registered, and that you possessed it or owned it. Each of those can be tested.
- The category. The penalty tier turns on section 5 classification. Check it rather than assume it.
- Possession. Section 6 is broad, but breadth cuts both ways. Where a charge rests on occupation of premises or charge of a vehicle, the defences in section 6(3) are squarely in play, and the Act puts the burden of proving them on you, on the balance of probabilities.
- Ownership. The section 27(3) limb requires proof that you are the owner, and estates, shared collections and informal family arrangements are rarely as clear as the charge sheet suggests. An executor or administrator holding the firearm in that capacity is outside the limb altogether (section 27(4)(b)).
- The 14 day defences. Where the firearm came to you lawfully within 14 days and registration was not reasonably practicable, section 27(2) answers a possession charge, and section 27(5) does the same for an owner.
- The general defence. Section 75 is available on a section 27 charge: it is a defence to prove that the offence was not committed intentionally and did not result from any failure on your part to take reasonable care to avoid it.
- Exemptions. The registration provisions do not apply to a firearm in a licensed dealer’s possession in the ordinary course of business, or to a receiver held by the person in whose name the firearm it belongs to is registered (section 26). They also do not apply to a firearm hired from a licensed dealer in the ordinary course of the dealer’s business (regulation 58 of the Firearms Regulations 2017).
- Sentence. On a plea, the outcome is usually decided by the material: how the firearm came into your keeping, what you did about it, your history, and the effect of a conviction on your work.
Whether a conviction is recorded matters for employment, travel, and any future licence application. Our guide on avoiding a conviction being recorded sets out how that discretion is exercised under the Sentencing Act 2017 (SA).
Unregistered firearm case law in South Australia
The authorities below decide the points that arise on a section 27 charge in practice. Each is linked to AustLII where AustLII holds the judgment, with the paragraph where the point is made. All were decided under the Firearms Act 1977 or the Criminal Law (Sentencing) Act 1988, which the current Acts replaced, and each note says how the point carries across.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Offe v Police (2002) 84 SASR 1 | Supreme Court | General deterrence is of great importance in firearms cases | 9 to 10 |
| R v Nash [2008] SASC 48 | Court of Criminal Appeal | Adopted the Offe passage; a fine for firearm supply did not reflect general deterrence | [26], [28] |
| R v Marafioti [2014] SASCFC 8 | Court of Criminal Appeal | "In charge of" read broadly; a voluntary driver is in charge | [23], [31] |
| R v Sandery [2013] SADC 38 | District Court | Premises limb disjunctive; "control" less demanding than common law possession | [25] |
| R v Joyce [2014] SADC 125 | District Court | A locker within a building is not, of itself, "premises" | [82] |
| R v Fuller [2012] SASCFC 101 | Court of Criminal Appeal | The defendant must prove the statutory defence on the balance of probabilities | [47], [50] |
| R v Beedar [2016] SADC 159 | District Court | The accused bears the onus of the knowledge defence, on the balance of probabilities | [16], [17] |
| R v Fusco [2017] SASCFC 47 | Court of Criminal Appeal | The predecessor trafficking offence caught both the acquirer without a permit and the supplier | [90] |
| R v Willingham (No 2) [2012] SASCFC 104 | Court of Criminal Appeal | A fine or imprisonment, not both | [36] |
| R v Gasmier [2011] SASCFC 43 | Court of Criminal Appeal | Possessing unregistered firearms treated very seriously; imprisonment will be imposed | [19] |
| Golubovic v Police [2014] SASC 79 | Supreme Court | Conviction upheld for a first offender; deterrence paramount | [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] |
| Golding v Police [2007] SASC 159 | Supreme Court | Appeal allowed; no conviction recorded; firearm forfeited | [22], [23] |
| Coff v Registrar of Firearms [2016] SADC 140 | District Court | No automatic disqualification; substantial weight on public safety; cancellation upheld | [54], [62], [67] |
| Police v Losapio [2007] SASC 112 | Supreme Court | Past offending may fade, but seven months was not enough; decision restored | [25], [26] |
Case notes
Offe v Police (2002) 84 SASR 1
Gray J said, at 9 to 10, that general deterrence is of great importance in firearms cases and that the community must not be complacent about the dangers of firearms that are not kept as the legislation requires. The passage is taken from its quotation in R v Nash [2008] SASC 48 at [26]. AustLII holds only a summary of this judgment, so it is cited to the law report. Decided under the 1977 Act.
R v Nash [2008] SASC 48
In the Court of Criminal Appeal, David J, with whom Doyle CJ and Bleby J agreed, adopted Gray J’s statement in Offe at [26]. He held at [28] that a fine for supplying firearms did not give proper effect to general deterrence, and the offender was resentenced to imprisonment for 3 years with a non-parole period of 20 months ([36]). Decided under the 1977 Act.
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. Decided under the equivalent provision of the 1977 Act, now section 6(2)(d).
R v Sandery [2013] SADC 38
At [25] Judge Tilmouth held that the premises limb is cast disjunctively, so proof of any one of occupation, care, control or management suffices, and that “control” means exercising restraint or direction, a less demanding concept than possession at common law. Decided under the 1977 Act.
R v Joyce [2014] SADC 125
Judge Lovell held at [82] that a locker within a building was not, of itself, “premises” for the deeming provision, even on a broad reading. He observed at [93] that simply being aware of the existence and place of an item does not, of itself, amount to possession. 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.
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 Fusco [2017] SASCFC 47
Peek J, with whom Blue and Doyle JJ agreed, explained at [90] how the trafficking offence substituted into the 1977 Act from 7 February 2014 worked. It applied to a person who acquires a firearm without first receiving a permit, or takes part in that acquisition. It also applied to a person who supplies a firearm to someone without a permit to acquire it, or takes part in that supply. Section 22 of the current Act is framed the same way: an offence by the person who acquires, and offences by the supplier and those who knowingly take part.
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, contrasting the many South Australian provisions that say “or both”. Section 27(6) uses the same “or” form.
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. The offender had a long criminal history, though none for firearms. 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. At [15] he held that the magistrate had to give paramount consideration to general and personal deterrence. At [26] he held that this was not a case for no conviction, despite counsel’s submission, noted at [17], that the offending was at the lowest end of the scale. The firearm was a metallic imitation pistol ([18]), and the offending included a failure to store it as the Act required ([25]). 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 under the definition then in section 20AA(1)(e) of the 1988 Act. He had committed them while on bail subject to the statutory condition against possessing firearms. The current equivalent is section 49(1)(e)(i) of the Sentencing Act 2017.
Golding v Police [2007] SASC 159
Kelly J 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, ordered that no conviction be recorded and ordered the firearm forfeited ([22], [23]). Decided under the 1977 Act and the predecessor to section 24 of the Sentencing Act 2017.
Coff v Registrar of Firearms [2016] SADC 140
Judge Slattery held at [54] that the fitness provisions enliven a discretion only, and that committing offences does not automatically mean a person is not fit and proper. He added that the Registrar was obliged to place substantial weight on the overriding consideration of public safety. Because the matter combined a firearms offence with drug offences, the appeal against cancellation was dismissed ([62], [67]). Decided under the 1977 Act.
Police v Losapio [2007] SASC 112
David J accepted at [25] that the relevance of past offending may fade over time. He held, though, that seven months since the Deputy Registrar’s decision was not enough to alter the conclusion, allowed the appeal and restored the decision that the licence holder was not fit and proper ([24] to [26]). Decided under the 1977 Act.
Serving Adelaide and regional South Australia
Registration charges reach licence holders, farmers, collectors, sport shooters and families dealing with an estate. We act for people charged with firearms offences across metropolitan Adelaide and regional South Australia. Matters listed in the city are heard at the Adelaide Magistrates Court, where we appear regularly.
Registration charges rarely arrive on their own. For how they fit alongside licence, storage and prohibition order matters, see our guide to firearms offences in South Australia. Our criminal defence lawyers in Adelaide page sets out everything else we act in.
This page states the law as at October 2026 and reflects the version of the Firearms Act 2015 (SA) in force from 19 February 2026. It is general information about South Australian law, not advice about your matter. Last verified on 23 October 2026.
If a firearm has been seized, if police have asked you to attend an interview, or if you have a firearm at home and you are not sure where you stand, get advice before you do anything else. Call (08) 7094 2021 for a Free Consultation, or book a same-day free 30-minute consultation online.
Frequently asked questions
What is the penalty for possessing an unregistered firearm in South Australia?
Under section 27(6) of the Firearms Act 2015 (SA), the maximum is $35,000 or imprisonment for 7 years for a prescribed firearm, $20,000 or imprisonment for 4 years for a category C, D or H firearm, and $10,000 or imprisonment for 2 years for any other firearm. Those are maximums, not starting points, and a fine and imprisonment are alternatives rather than a package.
Can I be charged with an unregistered firearm if I hold a firearms licence?
Yes. A licence authorises the person and registration attaches to the firearm, so they are separate requirements. Holding a current licence does not answer a section 27 charge of possessing an unregistered firearm. A registration charge and an unlicensed possession charge can be laid together over the same firearm, and each has to be answered on its own terms.
What counts as possession of a firearm?
More than holding it. Section 6 of the Firearms Act 2015 (SA) includes physical possession or control, having the firearm in another person’s physical possession or control, and having and exercising, or controlling, access to it. It also includes occupying or managing premises, or being in charge of a vehicle, where the firearm is found. The courts have read the equivalent 1977 provision widely, and a voluntary driver is in charge of the vehicle. Section 6(3) provides defences to the premises and vehicle limb, and the person charged must prove them on the balance of probabilities.
Can I be charged over a firearm I have never touched?
Yes. Section 27(3) makes it an offence to be the owner of a firearm that is not registered in your name, and ownership does not require recent handling. Beneficiaries and private buyers can be exposed while the firearm sits somewhere else entirely. An executor or administrator who owns the firearm only because they hold it in that capacity is excluded by section 27(4)(b).
How long do I have to register a firearm I have just acquired?
Section 27(2) of the Firearms Act 2015 (SA) provides 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) provides the same defence for an owner. Treat it as a defence, not a grace period, and act quickly.
I found a firearm while clearing a deceased relative's house. What should I do?
Get advice immediately. An inherited firearm raises three questions at once: whether you can lawfully possess it, whether it is registered, and whether you were authorised to acquire it. The Act treats the transfer of a firearm to a beneficiary as a gift, which is an acquisition that needs a permit. The section 27(2) defence is measured in days, so the longer a firearm sits in the house, the fewer options remain.
Do I need a permit before I acquire a firearm in SA?
Yes. Under the Firearms Act 2015 (SA), acquiring a firearm without a permit is an offence under section 22, and section 23 sets out the permit scheme. A permit cannot be granted until 28 days after the application unless you already own a registered firearm of the same category, or the Registrar is satisfied that it is safe to grant it sooner and that there are special reasons. Section 22 catches the supplier as well as the person who acquires.
Do gel blasters and imitation firearms have to be registered?
Yes, where they are firearms under the Act. Regulation 4 of the Firearms Regulations 2017 (SA) declares regulated imitation firearms and gel blasters to be firearms, and regulation 8A brings gel blasters within the definition of a paint-ball firearm, which is a category A firearm. Section 27 then applies to them in the ordinary way.
Will an unregistered firearm charge affect my firearms licence?
It can. Under section 7(3) of the Firearms Act 2015 (SA), a person found guilty of an offence under the Act may be taken not to be a fit and proper person, whether or not a conviction was recorded. Section 20 lets the Registrar vary, suspend or cancel a licence. Public safety carries substantial weight, but a record does not automatically disqualify. After a cancellation by the Registrar under section 20(6) or (7), section 14(4) bars a fresh application for 3 years, subject to any exception in the regulations. Section 27 is not a prescribed offence, so cancellation is not mandatory on that charge alone.
Will I go to jail for an unregistered gun charge?
Imprisonment is available as a maximum at every tier of section 27, and the Court of Criminal Appeal has said that those who possess unregistered firearms should expect the offending to be treated very seriously, so it cannot be ruled out. In practice the outcome turns on how the firearm came to be in your keeping, what you did about it, your record and the material put before the court. A prompt surrender of an inherited or forgotten firearm by a person with a clean record is at one end; unregistered firearms held alongside drug or other firearms offending is at the other.
South Australian courts we attend for firearms matters
Courts we attend
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