Media monitoring

Target the source of illegal firearms

Adelaide Advertiser, Page: 18 Monday, 16 January 2012

The recent shootings in Adelaide have led to the inevitable call for increased penalties for firearm offences. The penalties under the Firearms Act are already substantial.
It is illegal for any person to have a firearm in their possession unless they hold a firearms licence. Licences are issued by the Registrar of Firearms who keeps a register of all licences issued and all firearms registered. Depending on the type of firearm, if you do not hold a licence and are found in possession of a firearm, you face a potential fine of up to $75,000 and imprisonment of up to 15 years.
All firearms need to be registered with the registrar. A failure to register a firearm carries a potential fine of up to $10,000 and up to two years imprisonment, depending on the type of firearm.
Except for limited circumstances, you are only permitted to sell, give, lend or hire a firearm to a person who has a licence or is a licensed firearms dealer. Any transfer of ownership must be witnessed by a police officer, licensed dealer or a responsible officer of a firearms club or a person authorised by the registrar. The details of the transaction then need to be reported to the registrar. Penalties, including potential imprisonment, apply for non-compliance.
A licence will be issued for one to five years depending on the type of firearm. The registrar has the power to cancel a licence or place conditions on the purpose for which you may possess a firearm. In doing so, the registrar can ask you to provide any information that the registrar may deem necessary and penalties apply for non-compliance. A police officer can issue an interim order prohibiting you from possessing a firearm where he considers that you are not a fit and proper person to possess a firearm or that, if you have a firearm, there is likely to be undue danger to life or property. The registrar can issue a permanent order prohibiting you from possessing a firearm. There are rights of appeal. A breach of an order can result in a fine of up to $75,000 or imprisonment of up to 15 years.
In those circumstances you will also be ordered to surrender any firearms in your possession.
There are special rules which apply to firearms clubs, paint-ball operators and firing range operators.
In addition to the above, any offence such as assault or theft involving a firearm will be treated as an "aggravated offence" and attract enhanced penalties.
The discharge of a firearm in public can constitute an act endangering life or creating a risk of serious harm and can attract a period of imprisonment of up to 18 years.
The mere discharge of a firearm without reasonable cause can attract a fine of up to $10,000 or imprisonment for up to two years.
There appear to be only a limited number of prosecutions for breaches of the Firearms Act.
The reality is that the majority of those who commit these offences do so with unregistered and illegally obtained firearms.
It might be time to target their source and utilise the existing laws as increasing already severe penalties is unlikely to be a deterrent.

Ralph Bonig is SA Law Society president.

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