What it does
The Firearms Act 2015 (SA) establishes a comprehensive regulatory framework for the possession, use, acquisition, supply, manufacture, storage, transport and registration of firearms, firearm parts, ammunition and related items in South Australia. The underlying principles of the Act are to confirm firearm possession and use as a privilege conditional on the overriding need to ensure public safety, to improve public safety through strict controls and safe practices, and to facilitate a nationally consistent approach to firearms control (s 3(1)). The objects include ensuring that automatic and self-loading firearms are permitted only in strictly limited circumstances, establishing an integrated licensing and registration scheme, requiring each person who possesses or acquires a firearm or ammunition under licence or permit to have a genuine reason, providing strict requirements for safe and secure storage and transport, reducing the number of unlawfully possessed firearms through a general amnesty, preventing persons and organisations from accessing firearms for criminal purposes, and minimising the risk of harm from firearms (s 3(2)).
The Act divides firearms into several categories: category A (air guns, paint-ball firearms, rim fire rifles not self-loading, certain shotguns), category B (muzzle loading firearms not handguns, revolving chamber rifles, centre fire rifles not self-loading, lever action shotguns with magazine capacity of 5 rounds or less, and other non-prescribed firearms not in other categories), category C (self-loading rim fire rifles with magazine capacity 10 rounds or less, self-loading and pump action shotguns with magazine capacity 5 rounds or less), category D (self-loading rim fire rifles with magazine capacity more than 10 rounds, self-loading centre fire rifles, self-loading and pump action shotguns with magazine capacity more than 5 rounds, lever action shotguns with magazine capacity more than 5 rounds), category H (handguns), and prescribed firearms (automatic firearms, certain military-style firearms, firearms disguised as other objects, and firearms declared prescribed by regulation) (s 5). The Act prohibits unlicensed possession of firearms, with escalating penalties based on category (s 9). It also criminalises trafficking (s 22), manufacture without authorisation (s 37), possession of digital blueprints for firearms (s 37A), alteration of firearms (s 38), and possession of sound moderators or restricted firearm mechanisms without approval (s 39). Part 8 creates firearms prohibition orders, which can be issued by police on an interim basis or by the Registrar, with wide-ranging effects including suspension of any existing licence and prohibitions on presence at firearms-related premises.