Charged With Weapons or Firearms Offences in South Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Weapons and firearms charges in South Australia carry serious penalties including potential jail time, hefty fines, and permanent licence disqualification. The Summary Offences Act 1953 and Firearms Act 2015 impose strict liability for many weapons offences, meaning your intention may not matter. You need legal representation immediately - contact a criminal lawyer before you speak to police or make any statements.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for weapons or firearms charges in South Australia. These charges carry mandatory minimum penalties in many cases, and a conviction will permanently affect your ability to obtain firearms licences, security licences, and many employment opportunities. Police often overcharge weapons offences, and an experienced lawyer can identify defences you may not know exist.

Without proper legal representation, you risk pleading guilty to charges that could be defended or reduced. Weapons legislation in SA is complex - what appears to be a simple possession charge may involve multiple offences with cumulative penalties. A lawyer can negotiate with prosecutors before charges are formally laid, potentially avoiding court altogether.

The difference between a possession charge and a use charge can mean the difference between a fine and imprisonment. Don't risk your future by trying to handle this alone - call 1300 636 846 for urgent legal advice.

What Happens Next - The Process

Here's exactly what happens after you're charged with weapons or firearms offences in South Australia:

1. Police interview or arrest: You'll be questioned and charged. Exercise your right to silence and request a lawyer immediately.
2. Bail consideration: Serious weapons charges may result in custody. Bail applications are heard at Adelaide Magistrates Court or your local Magistrates Court within 24-48 hours.
3. First court appearance: Usually within 2-6 weeks at your local Magistrates Court. This is an administrative hearing where you don't enter a plea.
4. Brief of evidence: Prosecution provides their case materials, typically within 6-8 weeks. Your lawyer reviews this for defences and weaknesses.
5. Case conference or negotiations: Your lawyer negotiates with prosecutors to potentially withdraw or reduce charges.
6. Plea hearing or trial: If negotiations fail, your case proceeds to hearing in the Magistrates Court or District Court depending on charge severity.
7. Sentencing: If found guilty, sentencing occurs immediately or at a later date after pre-sentence reports.

This process typically takes 3-12 months depending on charge complexity and court availability. Don't delay getting legal help - early intervention often achieves better outcomes.

The Law in South Australia

South Australia's weapons laws are governed primarily by the Summary Offences Act 1953 and Firearms Act 2015. Understanding the distinction between prohibited and regulated weapons is crucial for your defence.

Prohibited Weapons

Prohibited weapons cannot be legally owned by civilians under any circumstances. These include:

• Flick knives and butterfly knives
• Knuckle-dusters and metal knuckles
• Nunchucks and martial arts weapons
• Tasers and stun guns
• Extendable batons
• Crossbows (unless specifically licensed)

Possession of prohibited weapons carries penalties up to $10,000 fine or 2 years imprisonment under Section 21A of the Summary Offences Act.

Regulated Weapons

Regulated weapons require proper licensing and registration. This includes all firearms, certain knives over specified lengths, and some martial arts equipment. Unlawful possession carries penalties up to $35,000 fine or 3 years imprisonment under the Firearms Act 2015.

Possession vs Use Charges

South Australian law treats possession and use as separate offences with different penalties:

• Possession: Simply having the weapon in your control, maximum 2-3 years imprisonment depending on weapon type
• Use or threat to use: Significantly higher penalties up to 15 years imprisonment for firearms used in commission of other offences

Mandatory Sentencing Provisions

South Australia imposes mandatory minimum sentences for certain weapons offences. Under Section 20BA of the Criminal Law Consolidation Act 1935, using a firearm during a serious offence carries a mandatory minimum 5-year sentence. Courts have limited discretion to reduce these penalties, making expert legal representation essential.

Mistakes to Avoid

These critical mistakes can destroy your defence and lead to harsher penalties:

1. Speaking to police without a lawyer present. Many clients inadvertently admit to possession or use when trying to explain innocent circumstances. Police are trained to gather admissions - anything you say will be used against you. We've seen cases where clients talked themselves into additional charges they weren't originally facing.

2. Assuming you have no defence because the weapon was found on you. Possession requires knowledge and control. If you borrowed someone's car or jacket, or picked up an item not knowing what it was, you may have a complete defence. We've successfully defended clients who genuinely didn't know prohibited items were in their possession.

3. Pleading guilty at first court appearance without legal advice. Magistrates often warn unrepresented defendants that they're pleading to serious charges, but many panic and plead guilty anyway. We've seen clients plead guilty to charges that could have been completely defended or significantly reduced through negotiation.

4. Failing to challenge search and seizure procedures. Police must follow strict procedures when searching your person, vehicle, or property. Unlawful searches can result in evidence being excluded, potentially ending the prosecution case. This requires detailed legal analysis of police procedures and your rights.

5. Not considering licence implications before pleading guilty. A weapons conviction automatically disqualifies you from firearms licences, security licences, and can affect professional registrations. Some clients focus only on avoiding jail time without considering long-term career impacts. Strategic legal advice can often protect your future livelihood.

Likely Outcomes and Costs

With proper legal representation, many weapons charges can be defended, withdrawn, or result in non-conviction penalties. Our lawyers regularly achieve:

• Complete withdrawal of charges through early negotiation (30-40% of cases)
• Reduction of charges to lesser offences with lower penalties
• Section 19B bonds (good behaviour bonds without conviction)
• Suspended sentences avoiding actual imprisonment
• Protection of professional licences and employment

Without legal representation, conviction rates exceed 90% and you'll likely face the maximum penalty the law allows. Self-represented defendants rarely understand available defences or sentencing alternatives.

Legal Costs

Professional legal representation for weapons charges typically costs:

• Initial consultation: $295 (fixed price)
• Summary hearing (Magistrates Court): $3,500-$8,000
• Defended hearing or trial: $8,000-$15,000
• District Court matters: $15,000-$35,000

These costs pale compared to the long-term financial impact of conviction - lost employment opportunities, licence disqualification, and criminal record consequences. Most cases resolve within 3-6 months with early legal intervention.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended weapons and firearms charges across South Australia since 2010, with over 800 lawyers nationally and a 4.5-star rating from 780+ client reviews. Our Adelaide-based criminal lawyers appear daily in Adelaide Magistrates Court, Elizabeth Magistrates Court, and District Court defending clients facing serious weapons charges.

We understand South Australian weapons legislation inside and out. Our lawyers have successfully defended clients charged with prohibited weapons possession, unlawful firearms possession, and serious use charges. We know which magistrates and judges impose harsh penalties and which are more receptive to mitigation arguments.

Our weapons charges service includes:

• 24/7 urgent legal advice hotline - 1300 636 846
• Fixed $295 initial consultation to assess your case
• Emergency bail applications and custody matters
• Detailed case strategy and defence preparation
• Negotiation with police prosecutors and DPP
• Expert court representation and sentencing advocacy
• Licence protection and professional registration advice

Don't let weapons charges destroy your future. Our experienced criminal lawyers know how to challenge the prosecution case, protect your licence, and achieve the best possible outcome. Every day you delay getting legal help makes your situation more difficult to resolve.

Call 1300 636 846 now for urgent legal advice, or book your fixed-fee consultation online at gotocourt.com.au/book. Our Adelaide criminal lawyers are standing by to help you fight these charges and protect your future. Time is critical - contact us today.