Firearms Prohibition Orders (SA)
In South Australia, the Firearms Act 2015 governs firearms prohibition orders (FPOs). FPOs are orders issued by the SA Police in cases where they consider that a person should not be allowed to acquire, possess or use firearms. This page outlines the law surrounding firearms prohibition orders in South Australia, including the consequences of breaching an FPO.
What is a firearms prohibition order?
A firearms prohibition order is an order that prohibits a person from acquiring, possessing, or using a firearm, a firearm part, a sound moderator or ammunition.
It is a criminal offence to breach a firearms prohibition order. This offence carries a maximum penalty of a fine of $75,000 or imprisonment for 15 years (in the case of a firearm) or a fine of $35,000 or imprisonment for seven years (in the case of a firearm part, a sound moderator, or ammunition).
When a firearms prohibition order is issued against a person. The person must immediately surrender any firearms, firearm parts, sound moderators and ammunition that they have in their possession.
An FPO can be made against any person if the criteria for making an order are met. Unlike other states, there is no minimum age for an FPO to be made.
Interim firearms prohibition orders
Under section 43 of the Firearms Act 2015, a police officer can issue an interim firearms prohibition order against a person for a period of up to 28 days.
An interim firearms prohibition order can be issued on the basis that:
- possession of a firearm by the person would be likely to result in undue danger to life or property;
- the person is not a fit and proper person to possess a firearm.
An interim FPO must be authorised by a police officer of or above the rank of Sergeant.
When an interim firearms prohibition order is issued against a person, the person may apply for review of that decision by the registrar. The registrar may affirm the decision or revoke the interim order.
Review by Tribunal
A person who is unhappy with a decision by a registrar in relation to a firearms prohibition order may apply to the tribunal for review of that decision. This application must be made within 28 days of the registrar’s decision.
Duration
In South Australia, a firearms prohibition order does not have a fixed expiry date. Instead, it remains in force until it is revoked by the registrar.
Offences
Section 45 of the Firearms Act 2015 contains a number of criminal offences that are committed when an FPO is breached.
Acquiring, possessing, or using a firearm
A person who is the subject of an FPO must not acquire, possess or use a firearm, a firearm part, a sound moderator or ammunition.
Doing so is a criminal offence that attracts a maximum penalty of a fine of $75,000 or imprisonment for 15 years (in the case of a firearm) or $35,000 or imprisonment for seven years (in the case of a firearm part, sound moderator or ammunition).
Failing to surrender firearms
A person who fails to surrender firearms, firearm parts, sound moderators or ammunition after an FPO is made against them commits a criminal offence.
This offence is punishable by a maximum penalty of a fine of $50,000 or imprisonment for 10 years (in the case of a firearm) or $20,000 or imprisonment for four years (in the case of a firearm part, a sound moderator or ammunition).
Attending certain places
It is a criminal offence for a person who is the subject of an FPO to attend certain premises. These premises include the grounds of a firearm club, a shooting gallery, an arms fair, a place where firearms are manufactured or a place where firearms are refurbished.
This offence attracts a maximum penalty of a fine of $50,000 or imprisonment for 10 years.
Being present at premises where there are firearms
A person who is the subject of an FPO must not be present at or reside at premises where there are firearms, firearm parts, sound moderators or ammunition.
This offence attracts a maximum penalty of a fine of $50,000 or imprisonment for 10 years (in the case of a firearm) or a fine of $20,000 or imprisonment for four years (in the case of a firearm part, a sound moderator or ammunition).
Failing to inform others of the FPO
A person who is a subject of an FPO is responsible for informing all other adults who reside with them or propose to reside with them that an FPO is in force and to ask each person whether they have or propose to have firearms on the premises.
Failure to do so is an offence that can attract a maximum penalty of a fine of $20,000 or imprisonment for four years.
Supplying firearms to a person with an FPO
It is a criminal offence to supply firearms, firearm parts, sound moderators or ammunition to a person against whom an FPO is in force.
This offence attracts a maximum penalty of a fine of $75,000 or imprisonment for 15 years (in the case of a firearm) or a fine of $35,000 or imprisonment for seven years (in the case of a firearm part, a sound moderator or ammunition).
Possessing firearms in the company of a person with an FPO
A person who is in possession or control of firearms must not be in the company of a person to whom an FPO applies.
This offence attracts a maximum penalty of a fine of $20,000 or imprisonment for four years.
Failure to inform registrar of a change of address
A person who has an FPO in force must inform the registrar in writing if they change their residential address within seven days of the change.
Failure to do so is an offence that can attract a maximum penalty of a fine of $10,000.
Police powers
South Australian police have broad powers to enforce and monitor compliance with firearms prohibition orders.
The police may conduct warrantless searches of persons, vehicles, vessels, aircrafts, or premises if they suspect that a person with an FPO is in breach of the FPO and may have firearms or other items.
The police may require a person with an FPO to give the name, address and details of every other adult living with them.
If a person with an FPO is found at a restricted premise, the police can direct them to leave and remove them if necessary.
Other jurisdictions
All Australian states and territories now have firearms prohibition orders; however, each scheme operates differently.
South Australia’s scheme is different from the schemes of other states in that there is no maximum duration for an FPO, and the legislation does not specify a minimum age for an FPO.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.