South Australia Police response to questions concerning firearm owners
20 October 1997
Dear Sir
Thank you for your letter of 26 May 1997 requesting information on various aspects of firearms matters. I trust the following details will satisfy your requirements.
State Firearms Registry Contact Address
Firearms Section
GPO Box 1539
ADELAIDE SA 5001
Telephone number - 08 8204 2495
Facsimile number - 08 8204 2314
| Firearms Licence Type & Costs as at 1st July 1998 | |||
| Type | 1 Year | 2 Year | 3 Year |
| Firearm Licence of class A, B or C | $44.00 | $111.00 | $177.00 |
| Collector Firearms Licence | $44.00 | $111.00 | $177.00 |
| Firearm Licence of class D or H | $44.00 | ||
| Dealing in Firearms & Ammunition | $235.00 | $684.00 | $1134.00 |
| Dealing In Ammunition only | $68.00 | $183.00 | $298.00 |
Minimum Age For Applicants
The minimum age of an applicant for a firearms licence of any type is 18 years of age.
A "Junior" Firearms Licence may be issued to those persons under 18 who compete interstate at club level in recognised competition. (change in Regs. March 1998)
An application for a firearms permit may be made by a person aged between 15 and 18 years of age if that person is involved in primary production. This is in accordance with Section 12 of the Firearms Act 1977.
Junior Shooters
There are a number of exemptions for junior shooters which include: -
* Shooting on the
grounds of a recognised club, in a manner approved by the club in accordance
with Section 11; and,
* Those circumstances
as set out under Regulation 20 of the Firearms Act 1977.
Written Examinations
A written examinations undertaken by a licence applicant as part of the approved
firearms safety training course undertaken at TAFE or recognised firearms
clubs.
Examination for Non-English Speaking Applicants
The charter of TAFE is to overcome language difficulties, and to this end
the use of interpreters for verbal examinations may be utilised.
Competitive Shooting
and Hunting for Overseas Visitors
Overseas visitors who wish to participate in competitive shooting, or hunting
in this State must
comply with Regulation 50 of the Firearms Act 1977.
Firearms Dealers
State legislation does not allow firearms dealers to trade away from their
licensed premises, other than as authorised by Regulation 19A of the Act.
Transporting of Firearms
into this State
Licensed firearms owners can physically transport a firearm into this State
provided they comply with the appropriate requirements of the Act and Regulations.
Hunting Permits
Hunting permits are required. Information on the appropriate Hunting permits,
their availability and costs are available from the Department of Environment
and Natural Resources.
Restrictions on the
Purchase of Ammunition
Restrictions on the purchase of ammunition are set out in Section
21B and Regulations 28, 28A and 32.
Sports Shooting Organisations
- Use of Self-loading Shotguns
Members of Australian Clay Target Association, or South Australian Clay Target
Association may use self-loading shotguns in accordance with Section 15A (3).
Requirements for Sending
Firearms Interstate for Sale or Repair
Interstate movement of firearms for sale or repair, must be conducted through
a licensed firearms dealer in this State to a licensed firearms dealer in
the State that the firearm is to be sent for sale or repair.
Transport of Firearms
in Public Places
To transport a firearms in a public place, a person must comply with the requirements
of the Firearms Act and Regulations, especially Section
29C and Regulation 19. In addition it is an offence under the Summary
Offences Act for a person to carry a loaded weapon in public place.
Domestic Violence Orders
The issue of a domestic violence order does affect the possession or use of
firearms by individuals. The full details of firearms orders are set out under
Section 10 of the Domestic Violence Act 1994.
Revocation of Domestic
Violence Orders
Upon revocation of a Domestic violence order, the person against whom the
order was made may apply to the Registrar for reinstatement of his or her
firearms licence. Such application will be considered in accordance with the
requirements of the Firearms Act, especially Section
5 (11).
If you have any further question on this or any other matter concerning the firearms legislation, please do not hesitate to contact Inspector Cormac McCarron, Officer in Charge, Firearms Section on 8204 2500.
Yours Faithfully
(signed)
D A Angus
ACTING ASSISTANT COMMISSIONER
OPERATIONS SUPPORT COMMAND
Considerations by Police upon Application for Licence
Section 11
(11) for the purposes of this Act a person may be taken not to be fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a license if the person-
(a) has not complied with the requirements of this Act in relation to the safe handling, carriage or use of firearms: or
(b) has been convicted of an offence against this Act or corresponding legislation of another State or Territory of the Commonwealth; or
(c) has been convicted of an offence involving actual or threatened violence in this State or any other State or Territory of the Commonwealth or in any other part of the world; or
(d) has been guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation in another State or Territory of the Commonwealth; or
(e) is the subject, or has in the past been the subject, of a domestic violence restraining order under the Domestic Violence Act 1994 or any other order of a similar nature made by a court whether in the State or any other State or Territory of the Commonwealth.
(12) subsection (11) does not limit the grounds on which a person may be taken not to be a fit and proper person for the purposes of this Act.
Acquisition of ammunition
Section 21B
21B. (1) a person must not purchase ammunition or accept ammunition as a gift unless he or she is the holder of-
(a) a firearms licence (not being a collector's licence) that authorises possession of a firearm designed to fire that ammunition; or
(b) a permit granted by the Registrar entitling the holder to acquire ammunition of that kind.
(2) A person who contravenes subsection (1) is guilty of an offence.
(2A) In proceedings for an offence against subsection (2) the onus is on the defendant to establish that he or she held the licence or permit required by subsection (1) when the ammunition was acquired.
(3) The Registrar must not grant a permit to acquire ammunition unless satisfied that the applicant-
(a) is a fit and proper person to have possession of ammunition of the kind that may be acquired under the permit; and
(b) has a genuine reason for making the application.
(4) When granting a permit the Registrar must not restrict the kind of ammunition that can be acquired unless it is, in the Registrar's opinion, necessary to do so in order to comply with the subsection (3).
(5) A person who sells or supplies ammunition to another person knowing, or having reason to believe, that that other person-
(a) is not the holder of a firearms licence (other than a collector's licence) that authorises possession of a firearm designed to fire that ammunition; and
(b) is not the holder of a permit granted by the Registrar authorising the acquisition of that ammunition, is guilty of an offence.
(6) This section does not apply in relation to the acquisition of ammunition-
(a) by a licensed dealer in ammunition in the curse of business as a dealer in ammunition; or
(b) by a recognised firearms club for distribution to members of, or visitors to, the club; or
(c) by a member of a recognised firearms club from the club; or
(d) from a recognised forearms club by a visitor to the club for use on the grounds of the club in a manner authorised by the club; or
(da)by a recognised paint-ball operator for distribution to participants in an organised activity involving the use of paint-ball firearms (but no other firearms) on grounds of a recognised paint-ball operator; or
(e) by a person for use by that person in a firearm in circumstances in which that person is not required by this Act to hold a firearms licence.
(7) In proceedings for an offence against this section the onus is on the defendant to prove that he or she was entitled to purchase, accept, sell or supply the ammunition by virtue of subsection (6).
(8) the maximum penalty for an offence against this section is $10 000 or imprisonment for two years.
Clay target use of Class C firearm
Section 15A (3)
(3) The registrar must refuse an application for a permit to acquire a class C firearm unless-
(a) the following requirements are satisfied:
(i) the applicant-
(A) must carry on the business of primary production; or
(B) must be an employee of a person who carries on the business of primary production and must live on or near the land on which that business is carried on and must be employed in the carrying on that business; or
(C) must be a relative of a person who carries on that business and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; and
(ii) the Registrar must be satisfied that the applicant needs the firearm for the purposes of that business and that there is no satisfactory alternative to using a firearm of that class; and
(iii) if the application is for a self-loading rifle - the applicant does not have possession of any other self-loading rifle; and
(iv) if the application is for a pump action shotgun - the applicant does not have possession of any other pump action shotgun or a self-loading shotgun; or
(b) the following requirements are satisfied:
(i) the applicant is a member of The South Australian clay Target Association Incorporated or the Australian Clay Target Association Incorporated and is also a member of a recognised firearms club affiliated with either of those associations; and
(ii) the Registrar is satisfied that the applicant needs the firearm for the purpose of an activity of the club conducted in accordance with the rues of the Australian Clay Target Association Incorporated and in accordance with regulations under the Act; or
(c) the Registrar could, in accordance with subsection (4), grant a permit to the application to acquire a class D firearm; or
(d) requirements prescribed by regulation for the purposes of this paragraph are satisfied.
Duty to carry licence
Section 29C
29C. (1) A person who is carrying a firearm on or abut his or her person or who has a firearm in his or her immediate physical control must carry with him or her a firearms licence authorising his or her possession of the firearm.
Maximum penalty: $5,000
Considerations
by Police upon Application for Licence
Section 5 (11)
(11) for the purposes of this Act a person may be taken not to be fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a license if the person-
(a) has not complied with the requirements of this Act in relation to the safe handling, carriage or use of firearms: or
(b) has been convicted of an offence against this Act or corresponding legislation of another State or Territory of the Commonwealth; or
(c) has been convicted of an offence involving actual or threatened violence in this State or any other State or Territory of the Commonwealth or in any other part of the world; or
(d) has been guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation in another State or Territory of the Commonwealth; or
(e) is the subject, or has in the past been the subject, of a domestic violence restraining order under the Domestic Violence Act 1994 or any other order of a similar nature made by a court whether in the State or any other State or Territory of the Commonwealth.
(12) subsection (11) does not limit the grounds on which a person may be taken not to be a fit and proper person for the purposes of this Act.
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