Have you been charged with Firearms offence?
Woods & Co Lawyers in Adelaide
We are a specialist Criminal Law firm with decades of experience.
The Firearms Act 2015 is complex. There are very few solicitors who would truly understand the impact and consequences of committing a firearms Offence in South Australia. At Woods & Co Lawyers we take great pride in understanding this difficult area in order that we can provide you with honest forthright advice that is accurate.
In General terms a person must obtain a firearms licence before possessing a firearm or ammunition. The firearm must also be registered. The Firearms Act creates a “Code of Practice” which regulates among other things the propers storage of firearms, firearm parts, and ammunition. Many breaches of the Firearms Act or Code of practice result in a mandatory loss of a firearms Licence. In addition, the Act requires that a holder of a licence be a fit and proper person. Even if a mandatory cancellation does not apply the Registrar of Firearms can make application to have a person declared to be not a fit and proper person. At Woods & Co Lawyers our solicitors have acted for clients with firearms charges on a regular basis.
The firearms Act is also unusual in that normally a person has a right to only give their name and address and refuse to answer questions.
Under Section 55 of the Firearms Act there are occasions where a person is required to answer further questions in relation to whether he or she is the owner of a firearm and if not to state who the owner is. A person may also have to answer questions regarding persons who may have had possession of a firearm.
Owners can also be required to answer questions as to the whereabouts of a firearm. Before these requirements arise, the police require a suspicion on reasonable grounds.
The obligation may arise to owners and occupiers of premises, vehicles, and vessels where firearms are located and people who have or have recently been in possession of a firearm.
The maximum penalty is a fine of up to $20,000 and imprisonment for up to 4 years.
(The definition of a firearm is wide and includes related items, ammunition and parts)
Parliament considers most firearms offences seriously. It is a condition of all bail agreements, bonds, parole, home detention and intervention orders that a person not be in possession of firearms.
Some firearms offences are deemed to be Serious Firearm Offences (SFO). If convicted of an SFO then the court cannot suspend any term of imprisonment unless the person establishes exceptional personal circumstances that outweigh the importance of paramount safety of the public.
SFO include:
- The use or carriage of a class H (pistol) while the firearm is not registered and the person does not have an appropriate licence.
- The use or carriage of a Category C or D firearm that is automatic
- The use or carriage of a prescribed firearm
- Offences under the Firearms Act or the Criminal Law Consolidation Act (CLCA) if the person is subject to a control order or a firearms prohibition order (FPO)
- A person who is charged with recklessly or intentionally shooting at police
- Any offence under the Firearms Act involving the possession or use of a firearms in conjunction with a Serious Drug Offence (SDO)
- Lastly, if you are arrested and charged with a SFO then there is a presumption against bail and you will need to establish special circumstances.
Firearms offences can have significant consequences.
Call our friendly and experienced team on 8311 3111
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