Firearms Charge

Possession of Firearms with Intent to Commit an Offence

In SA, the maximum penalty for the possession of a firearm with the intent to commit an offence is 10 years. This is treated very seriously by the Courts and given the current crack down on terrorism, a criminal record is likely. It is important to seek legal advice immediately.

The Offence

A person who has the custody or control of a firearm or an imitation firearm for the purpose of either:

1. Using, or causing or permitting another person to use, the firearm in the course of committing an offence punishable by a term of imprisonment of  2 years or more; or
2. Carrying, or causing or permitting another person to carry, the firearm when committing an offence punishable by a term of imprisonment of 2 years or more, is guilty of a major offence.

The legal meaning of a firearm is a device designed to be carried by hand and to fire shot, bullets or other projectiles by means of a burning propellant or compressed air or other compressed gas, or a device of a kind declared by regulations under the Firearms Act 1977.

Importing Firearms

In Australia, the importation of firearms that are prohibited or without the approval of a specified person carries a maximum penalty of 10 years prison. This offence relates to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation.

What actions constitute importing a firearm?

 Importing a firearm can be done in the following ways:

• Importing firearms from another country to Australia through means such as Air Travel.

How can I defend this charge?

You may be able to defend this charge if you can show that you have permission from the Commonwealth Attorney General’s Department.

Which Court will hear this charge?

It is likely to be heard in the District Court.

Firearms charges are treated very seriously by South Australian courts. If you have been charged with a firearms offence, you should contact a firearms charge Lawyer Adelaide to discuss the charge and possible defences.