South Australian Current Acts

FIREARMS ACT 2015 - SECT 25

25—Transfer of possession of firearms

        (1)         The owner of a firearm may only transfer possession of the firearm to another person—

            (a)         if he or she is selling, giving, lending or hiring the firearm to the other person; or

Note—

For circumstances in which it is lawful for a person to sell, give, lend or hire a firearm to another person, see section 22.

            (b)         if the other person is a licensed dealer in firearms and possession is transferred—

                  (i)         to enable the dealer to repair, modify or test the firearm, or to display the firearm on behalf of the owner for the purpose of sale; or

                  (ii)         to the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or

            (c)         in circumstances in which this Act does not apply to the possession or handling of the firearm by the person under section 8(2); or

            (d)         in circumstances authorised by regulation.

        (2)         A person must not accept the transfer of possession of a firearm unless possession is transferred to him or her in circumstances referred to in subsection (1).

        (3)         A person to whom possession of a firearm is transferred in circumstances referred to in subsection (1) who is not the owner of the firearm must not (unless authorised by or under this Act) transfer possession of the firearm to any other person except the owner of the firearm.

        (4)         A person who contravenes a provision of this section is guilty of an offence.

Maximum penalty:

            (a)         if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;

            (b)         if the offence is committed in relation to any other kind of firearm—$5 000 or imprisonment for 1 year.

        (5)         The regulations may make provision in relation to what constitutes, or does not constitute, possession of a firearm, or transfer of possession of a firearm, for the purposes of this section, including by prescribing circumstances in which a person will, or will not, be taken to be in possession of, or to have transferred possession of, a firearm.

        (6)         In this section—

"giving" a firearm to a person means transferring ownership of the firearm to the person as a gift.