Firearms Licence Eligibility

This section confirms that firearm possession and use is a privilege.

That privilege is dependent upon the overriding need to provide public safety by:

• Imposing strict controls on acquisition, possession, use and supply
• Promoting and reinforcing safe and responsible storage, transport and use of any firearm

This legislation aims to:

• Establish the licensing and registration scheme
• Require any licensee to have a genuine reason to possess or acquire firearms and ammunition
• Minimise the risk of persons causing injury or harm to themselves or others by using firearms or the threatened use of firearms
• Provide requirements for the safe and secure storage of firearms when not in use and while being transported
• Reduce the unlawful possession of firearms though a general amnesty
• Strictly limit the possession and use of automatic and self-loading firearms
• Prevent persons and organisations from accessing, possessing or using firearms for criminal purposes
• Minimise the risk of victimisation through crimes involving the use or threatened used of firearms

All applicants must meet the 100-points identification test in the same manner as an Authorised Deposit-taking Institution (ADI).

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Australian Citizenship

Australian citizenship is defined in section 4 of the Act to be aligned to the Commonwealth’s definition. Therefore, to prove citizenship a person must provide:

• An Australian passport showing nationality as Australian or
• An Australian citizenship certificate or
• A B19 Aboriginal and Torres Strait Islander Declaration

If these documents are not available and a person wishes to prove citizenship by birth, the following are required:

Persons born before 20 August 1986

• A full birth certificate that shows the   applicant was born in Australia prior to 20 August 1986

Persons born after 20 August 1986

• If one parent was an Australian citizen or permanent resident on the applicant’s day of birth
  • Applicant’s full Australian birth certificate,
    and one of the following
  • A parent’s full birth certificate showing their birth in Australia before 20 August 1986
  • A parent’s Australian passport issued on or after 20 August 1986 valid for at least 2 years and issued before the   applicant’s birth
  • A parent’s Australian citizenship certificate showing citizenship was acquired prior to the applicant’s birth

OR

• If the applicant and a parent were born after 20 August 1986, to prove citizenship by birth
  • Applicant’s full Australian birth certificate
    And
  • A parent’s full Australian birth certificate
    And one of the following
  • A full birth certificate of a grandparent born in Australia before 20 August 1986
  • An Australian passport of a grandparent issued on or after 20 August 1986 that was valid for at least 2 years and issued   before the parent’s birth
  • An Australian citizenship certificate of a grandparent that shows they acquired citizenship before the parent was born

OR

Permanent residents

To show permanent residency, applicants must provide:

• a Visa Entitlement Verification Online (VEVO) print out or confirmation email.

This includes citizens of New Zealand.

Section 15(1)(i)(ii) Firearms Act 2015
Australian Citizenship Act 2007
Australian Passport Office

To demonstrate usual residency in South Australia, any document presented must verify at least one year of residency in the State. All documents must show a residential address and not a post box.

The acceptable documents are:

• a South Australian government photo identity, eg drivers licence
• Council rates for an owner-occupied premises
• A rental agreement
• Mail from an ADI (bank etc)

If a person has moved within South Australia in the last 12 months, then documentation accounting for the move is required, eg, change of address on the back of a licence or change of address on successive bank statements.

Section 15(1)(i)(ii) Firearms Act 2015

Section 7 Firearms Act 2015 provides the circumstances when a person may not be fit and proper. Those indicators of adverse probity are:

• Firearms Prohibition Orders from any Australian jurisdiction
• Intervention or other family violence orders from any Australian or foreign jurisdiction
• Any other order from any Australian jurisdiction that prohibits firearms, including bail
• Some physical illnesses, conditions, and disorders
• Some mental health illnesses, conditions, and disorders
• Failures in complying with firearms legislation relating to safe handling, use, storage, or transportation of firearms
• The finding of guilt for any firearms offence in any Australian jurisdiction
• The finding of guilt for any actual or threatened use of violence in any Australian or foreign jurisdiction
• The finding of guilt for any prescribed offence as listed in the Firearms Regulations 2017 (Schedule 2), which includes offences under the following Acts:
  • Bail Act 1985
  • Controlled Substances Act 1984
  • Correctional Services Act 1982
  • Criminal Law Consolidation Act 1935
  • Intervention Orders (Prevention of Abuse) Act 2009
  • Road Traffic Act 1961
  • Serious and Organised Crime (Control) Act 2008
  • Summary Offences Act 1953
  • Tattooing Industry Control Act 2015
  • Young Offenders Act 1993
  • Any offence like those listed from any Australian jurisdiction
• The finding of guilt for any fraud or deception committed with the object of obtaining firearms licence or permit in any Australian jurisdiction
• The failure to comply with a Registrar’s directions regarding medical reports
• The reputation of the applicant / licensee or their close associates
• The reputation of making or stating an intention of violent activity
• The intention or action to acquire or use a prescribed firearm or any firearm for an unauthorised purpose
• Any other grounds on which a person may be taken not to be a fit and proper person for the purposes of the Firearms Act 2015.

Be aware the finding of guilt for an offence includes ‘without conviction’.

Shooting Club is a recognised firearms club that hosts regular firearms shooting activities

Authorises

• Possession and use of firearms as a member (or by a member) of a shooting club

Firearm Categories

• Category A
• Category B

Conditions

• Must be a shooting club member for each year of the licence
• Must, within 28 days of becoming a shooting club member, notify the Registrar that they are a member of the club and the club’s contact details
• May only use the licence for hunting during shooting club activities if the licence is also endorsed with Category 3 (hunting) (Category A and B firearms only)

Conditions – 12 to 18 Year Olds

• Must need the licence to participate in competition(s) held in other jurisdictions
• The licence may only be granted for terms not exceeding 3 years
• The person may not apply for a permit to acquire a firearm
• A licence may be issued within the first 28 days of application (Reg 14(8)

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)

This will initiate the qualification process for a Category 1 (Shooting Club) licence.

The additional eligibility requirements are attained at the Registrar’s direction for training etc.

Regulation 14 Firearms Regulations 2017

Shooting Club is a recognised firearms club that hosts regular firearms shooting activities.

Authorises

• Possession and use of firearms as a member (or by a member) of a shooting club

Firearm Categories

Category C - The licensee

Must be a member of the

• South Australian Clay Target Association Inc
  or
• the Australian Clay Target Association Inc
  and
  an active member of a shooting club affiliated with either of the associations for each year of the licence
  
  A person is an active member of a shooting club for a 12 month period if the person is a member who has competed in shooting club organised competitive shooting matches for Category C firearms on at least 4 occasions in the 12 month period.
• The firearm may only be used for an activity of the shooting club with the rules of Australian Clay Target Association and either
  • the licensee must have a special need for that firearm that cannot be met by any other category due to the person’s lack of strength or dexterity, or another physical characteristic, or
  • the person was a member of a shooting club affiliated with the Australian Clay Target Assoc immediately before 15 November 1996 and was at that time in possession of a self-loading or pump action shotgun used for clay target shooting

Category H

• Must be an active member of a shooting club for each year of the licence.
  
  A person is an active member of a shooting club for a 12 month period if the person is a member who competed in shooting club organised competitive shooting matches for Category H firearms on at least 6 occasions in the 12 month period.
  
  A member may apply to the Registrar to fail meeting the membership requirement due to ill health, employment obligations or other reasons.

• May only possess a Category H firearm after maintaining a Category 1 (Cat H endorsed) licence for 6 or more months
• Within the first 12 months of a Category 1 licence endorsed for Category H firearms, the licensee may only possess handguns as follows:
  • 1 x .177 calibre air pistol or
  • 1 x .22 calibre rim fire handgun (long or short) or
  • 1 x centre fire handgun
  • 1 x .177 calibre air pistol and 1 x .22 calibre rim fire handgun (long or short)
  • 1 x .177 calibre air pistol and 1 x .22 centre fire handgun
• The licensee may not possess
  • A self-loading handgun (other than a revolver) with a barrel length less than 120mm
  • A revolver or single shot handgun with a barrel length less than 100 mm
  • A handgun with a manufactured or modified magazine or cylinder capacity of more than 10 rounds (The Registrar may authorise the possession of shorter barrel firearms if satisfied the firearm is a visually distinctive and a highly specialised target pistol)
  • A handgun of more than .38 calibre (The Registrar may authorise a handgun of more than .38 calibre if satisfied the firearm is not more than .45 calibre and it is required for events known as metallic silhouette or single (western) action.)

• If the licensee is in possession of the following handguns,
  • Air or gas operated handguns
  • .22 calibre rim fire handguns (long rifle or short)
  • Centre fire handguns less than .38 calibre
  • Hand guns of more than .38 calibre the licensee must use at least on of each of those in the licensee’s possession on at least 4 occasions in each licence year at a shooting club organised shoot

• How to measure the barrel of a H class firearm
  • Revolver – from the muzzle to the breech immediately in front of the cylinder
  • Any Other – from the muzzle to the breech face, including where the chamber is incorporated in the barrel
  • Self-Loading – taken when the slide is forward and the breech face or bolt is closed
  • Include any barrel altercation that is permanently attached

Conditions

• Must be a shooting club member for each year of the licence
• Must, within 28 days of becoming a shooting club member, notify the Registrar that they are a member of the club and the club’s contact details
• May only use the licence for hunting during shooting club activities if the licence is also endorsed with Category 3 (hunting)

Conditions – 12 to 18 Year Olds

• Must need the licence to participate in competition(s) held in other jurisdictions
• The licence may only be granted for terms not exceeding 3 years
• The person may not apply for a permit to acquire a firearm
• A licence may be issued within the first 28 days of application (Reg 14(8)

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)

This will initiate the qualification process for a Category 1 (Shooting Club) licence

The additional eligibility requirements are attained at the Registrar’s direction for training etc

Regulation 14 Firearms Regulations 2017

Authorises

• The possession and use of firearms for target shooting

Firearm Categories

• Category A
• Category B

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)

Authorises

• The possession and use of firearms for the purpose of hunting.

Firearm Categories

• Category A
• Category B

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)

Regulation 14 Firearms Regulations 2017

Authorises

• The possession of paintball and gel blaster firearms for
  • Use in the business of a recognised paintball/gel blaster firearm as an operator of the business or
  • Use on the grounds of a recognised paintball/gel blaster firearm licensed operator and only under the supervision of the licensed operator or an accredited paintball/gel blaster firearm engaged by that licensed operator

Firearm Categories

• Category A (paintball / gel blaster firearms only)

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)

Regulation 17 Firearms Regulations 2017

Authorises

• The possession and use of firearms for use in primary production business

Firearm Categories

• Category A
• Category B
• Category C
  • Additional conditions for any person who is the relative or employee of the primary production business operator
  • There must be a special need for this firearm that cannot be met by any other category firearm.
  • Any Category C firearm must, when not in use for the business, be secured and stored at the licensee’s principle residence
  • This licence does not authorise possession of more than
    • 1 x self loading rifle
      and
    • 1 shotgun that is either self loading or pump   action

• Category H
  • Only in the circumstances defined that relate to the repealed Act
    or
  • Where the business of primary production is on land that is at least 15,000 hectares in area
    All land must be within South Australian area

Conditions

• Must be
  • The operator of a primary production business
    or
  • A person engaged in a primary production   business as an employee or relative of the operator

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Evidence of involvement in primary production business as any of the following
  • an operator or
  • an employee or
  • a relative of an operator of a primary production business

This evidence may include a statutory declaration (RF1463), Certificate from Employer (PD314), business registration documents or other documents confirming roles, relationships and primary production activities

Supporting Documents – Applicants aged 15-17 years

• Evidence of involvement in primary production business as any of the following
  • an employee or
  • a relative of an operator of a primary production business who lives near or on the land used for the business

This evidence may include a statutory declaration (RF1463), business registration documents or other documents confirming roles, relationships and primary production activities

• This licence is limited to Category A and B firearm use only
• This licensee may not apply for a permit to acquire a firearm

Supporting Documents – Category C Applications

• Evidence of the primary production business – registration documents etc
• Evidence of ownership
  or
• Certificate from the employer on the Certificate of Training (PD314)
• Evidence of involvement in primary production business as
  • an operator or
  • an employee or
  • a relative of an operator of a primary production business who lives near or on the land used for the business
    This evidence may include a statutory declaration (RF1643), Certificate from the employer on the Certificate of Training (PD314), business registration documents or other documents confirming roles, relationships and primary production activities

• Evidence there is a special need for a Category C firearm of that kind that cannot be met by another Category of firearm.

Regulation 18 Firearms Regulations 2017

Authorises

• The possession and use of Category H firearms in the business of guarding property

Firearm Categories

• Category H

Conditions

• The licensee must be a person
  • carrying on the business of guarding property or
  • an employee of a person conducting the business of guarding property
• The licensee must hold an appropriate licence in force under the Security and Investigation Industry Act 1995.

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Security Guard Licence
• Evidence of the business – registration documents etc
• Evidence of ownership or employment with that business
  • Certificate from the employer on the Certificate of Training (PD314)

Regulation 19 Firearms Regulations 2017

A contract shooter is a person who undertakes shooting under any form of paid agreement.

Volunteers refer to Category 12 (Miscellaneous) Volunteer Conservation Management.

Contract shooter means a person who –

• Enters formal engagements or contracts to shoot animals; or
• Satisfies the Registrar that the person is a contract shooter according to the requirements determined by the Registrar for the purpose of this definition

Section 4 Firearms Act 2015

Authorises

• Authorises the possession and use of firearms as a contract shooter.

Firearm Categories

• Category A
• Category B
• Category C
  • There must be a special need for this firearm that cannot be met by another category.
• Category D
  • There must be a special need for this firearm that cannot be met by another category.

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• A copy of contracts / formal agreements
• Evidence of public liability insurance

Regulation 20 Firearms Regulations 2017

A Commercial Range Operator is a person who carries on the business of a shooting range (not a gallery) for use by members of the public and firearms for the use of members by the public.

Section 4 Firearms Act 2015

Authorises

• The possession and use of firearms in the business of a recognised commercial range operator

Firearm Categories

• Category A
• Category B
• Category H

Conditions

• The licensee must be
  • a recognised commercial range operator,
    or
  • a person employed in the business of a recognised commercial range operator

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Evidence of the business – registration documents etc
• Evidence of ownership
  
  
  or

Certificate from the employer on the Certificate of Training (PD314)

Regulation 21 Firearms Regulations 2017

A Shooting Gallery is an indoor or outdoor gallery at which members of the public can use shooting gallery firearms that are attached to a shooting bench to shoot at stationary or moving targets.

Section 4 Firearms Act 2015

Authorises

• The possession and use of firearms in the business of a shooting gallery

Firearm Categories

• Category A firearms that are .177 calibre air guns
• Category H firearms designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by burning propellant

Conditions

• The licensee must be
  • a person operating a shooting gallery or
  • a person employed by a person operating a shooting gallery
• The licensee must ensure any firearm used in the shooting gallery business is secured to a shooting bench in a manner approved by the Registrar.

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Evidence of ownership to operate a shooting gallery or

Certificate from the employer on the Certificate of Training (PD314)

Regulation 22 Firearms Regulations 2017

Authorises

• The possession of firearms of firearms as a collection or to collect and display.

Firearm Categories

• Category A
• Category B
• Category C
• Category D
  • Category D firearms must be certified as deactivated
• Category H
• Ammunition Only

Conditions

• Must have been an active member of a collector’s club for the preceding 12 months
• Must be an active member of a collector’s while licensed
  • Active member means the person has attended at least 4 meetings of the club within the 12 months – this includes tele/audio/video conferencing, provided physical attendance occurs at least once
    or
  • Is a member that made a personal contribution (not financial) to the club during the preceding 12 months in a manner and to an extent that it satisfies the Registrar the person should be regarded as an active member

• Must notify the Registrar of club membership and the club contact details within 28 days of joining the club
• Must have or genuinely intend to acquire a collection of firearms that has, or will have
  • significant commemorative, historical, investment or other value
    and
  • contribute to the value of the collection

• Must not alter any regulated imitation firearm in their possession to enable to function as a firearm unless approved by the Registrar
• Any firearm in their possession that was manufactured before 1900 must be kept secure by
  • Locking the bolt, breech block or firing pin in a container kept separate to the firearm or
  • Immobilising the trigger with a trigger lock or
  • In another way approved by the Registrar

• The licensee must ensure
  • Any firearm in their possession is not fired unless there is written approval from the Registrar and
  • Any firearm fired with the Registrar’s approval is done so in accordance with the conditions of the approval

• Only a genuine student of arms may possess a category H firearm manufactured after 1946 if
  • They have been an active member of a collectors’ club for at last the 2 preceding years and
  • They have a significant collection of handguns demonstrating a thematic structure, 
    and
  • Have provided displays or published articles to advance the body of knowledge of firearms history and development
    and
  • All the above criteria are certified by an office bearer of the applicant’s collectors’ club

This (student of arms) section does not apply in relation to muzzle-loading handguns or percussion cap and ball handguns.

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Certificate from the club on the Certificate of Training (PD314) confirming membership of a collectors’ club for the preceding 12 months

Regulation 23 Firearms Regulations 2017

Authorises

• The possession and use of firearms, firearm parts and ammunition only of the business as a dealer.

Firearm Categories

• Category A
• Category B
• Category C
• Category D
• Category H
• Ammunition Only

Conditions

• The licence will be endorsed ‘Licensed Dealer’
• If the dealer is only trading in ammunition, the licence will be endorsed ‘Ammunition Only’
• A licensed employee of a dealer will have the licence endorsed ‘Employee Only’
• A licensee may only have possession of a firearm and other related firearms items at the premises specified on the licence except when
  • The firearm is being tested or repaired
  • The firearm (or other related item) is being exhibited and sold by auction
  • The Category A, B or H firearm or their parts are for exhibition or sale at an arms fair, provided the dealer does not exhibit 2 or more identical firearms or parts
  • To exhibit or sell ammunition at an arms fair, provided the dealer does not exhibit more than 50 rounds of identical ammunition
• When the business premises is open to the public, the licensee must NOT leave any firearm, firearm part or ammunition unattended and accessible to the public
• The dealer must keep records relating to the business as prescribed by the Regulations
  • A dealer must allow a police officer to inspect those records on request
• The dealer must provide the Registrar with the returns relating to the business as prescribed by the Regulations
• The dealer must identify each firearm owned and held in the business as per the Registrar’s instructions
• The dealer must provide information relating to a firearm that is, or has been, in the possession of the dealer in the course of the dealer’s business to the Registrar or a police officer upon their request
• The dealer must ensure that any firearm supplied is directly to the person, or in the case of a company, to the company’s principle nominee or secondary nominee
  • It is never to be dealt through an agent or carrier
  • The only exception is supply to another dealer
• When a firearm, sound moderator or ammunition in the dealer’s possession is lost, stolen or destroyed, the dealer must
  • Provide an oral report to a police officer within 24 hours
    and
  • Give the Registrar written notice on a ‘Notifications to the Registrar ‘ PD309 within 7 days

• A dealer must not deal in restricted firearm mechanisms
• A dealer must display a copy of the dealers licence, excluding any photograph, in a position likely to be seen and read by members of the public inside the dealership during the public access hours

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Application for a Dealer’s Licence (RF1637)

Regulation 24 Firearms Regulations 2017

Authorises

• The possession and use of firearms for the use on land by persons who maintain the land for conservation purposes as a volunteer (unpaid)
• Professional (paid) contract shooters should refer to Category 7 (Contract Shooter) licence conditions

Firearm Categories

• Category A
• Category B
• Category C
• Category D

Conditions

• Where a volunteer shooter has a category C or D firearm in their possession, the licensee must demonstrate a continued need for those firearms every 12 months

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Frequency of operation (schedule of events) as part of a
  • Conservation management club (Sports Shooters Association Australia or Australian Deer Association)
  • An individual agreement to operate with the Department of Environment and Water (DEW) or
  • Private conservation property
• Category C and D firearm applicants must provide documentation from the respective coordinators, DEW or other wildlife operator advising the specific need for that firearm against an animal and why that requirement is not met by a Category A or B firearm

Regulation 25 Firearms Regulations 2017

Authorises

• The possession and use of firearms for reasons that are not included in the other categories, but are approved by the Registrar, on an individual basis
  • The provision of training in safe handling, carriage and use of firearms
  • The collection and / or display of firearms in museums and RSL venues
  • Use by the Royal Zoological Society of South Australia Inc for zoo operations
  • Use by a registered veterinary surgeon for the humane destruction of animals
  • Use in film, television and productions
  • Use in historical re-enactments, commemorative and ceremonial events
  • For the purpose of the business of a firearms manufacturer

Conditions

• The Registrar will specify the conditions on each successful licence application tailored to the principles and objectives of the Act
• The Registrar may refuse an application for a manufacturing related licence if the Registrar is not satisfied the person has sufficient knowledge, skills and expertise to manufacture firearms or firearm parts
• Any licensee authorised to manufacture firearms must be
  • A person carrying on the business of manufacturing firearms / parts or
  • A person employed by the person carrying on the business of manufacturing firearms / parts
• A licence to manufacture firearms does not authorise the licensee to operate as a firearms dealer unless licensed as a Category 11 licence.

Firearm Categories

• Category A
• Category B
• Category C
• Category D
• Category H
• Category P
• Regulated Immitation Firearms
  • These firearms must not be altered in a manner that would enable the item to function as a firearm without the Registrar’s approval
• Deactivated firearms
• Prescribed firearms
  • The category does not apply to manufacturing
  • There must be a special need for this firearm not bet by any other firearm
  • This firearm must not be used to fire a projectile except with the written approval of the Registrar
  • The firearm must be kept at the premises as specified on the licence or within the conditions set by the written approval of the Registrar
  • The licensee must never surrender control of the firearm except when disposing of the firearm

Supporting Documents

• 100 points of identification
• The application fee
• Proof of Australian citizenship or Permanent Residency
• Proof of usual South Australian residency
• Firearms Licence Application (PD303)
• Any document that supports the specific need for this licence

Regulation 25 Firearms Regulations 2017