South Australian Current Acts

FIREARMS ACT 2015 - SECT 27

27—Requirement to register firearms

        (1)         A person is guilty of an offence if the person has possession of an unregistered firearm.

        (2)         It is a defence to a charge of an offence under subsection (1) to prove that the firearm came into the defendant's possession lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered by the time of the alleged offence.

        (3)         A person who is the owner of a firearm is guilty of an offence if the firearm is not registered in the person's name.

        (4)         Subsection (3) does not apply to—

            (a)         the owner of a firearm if the registration of the firearm is cancelled under section 30(6); or

            (b)         a person who is the owner of a firearm by virtue of his or her possession of the firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent.

        (5)         It is a defence to a charge of an offence under subsection (3) to prove that ownership of the firearm passed to the defendant lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered in the defendant's name by the time of the alleged offence.

        (6)         The maximum penalty for an offence under this section is as follows:

            (a)         if the firearm is a prescribed firearm—$35 000 or imprisonment for 7 years;

            (b)         if the firearm is a category C, D or H firearm—$20 000 or imprisonment for 4 years;

            (c)         if the firearm is any other category of firearm—$10 000 or imprisonment for 2 years.