Citation(s) from the GunPolicy.org literature library

South Australia. 1977 ‘Transfer of Possession.’ Firearms Act 1977 (Version: 7.2.2014); Section 15B (Part 3). Adelaide: Parliament of South Australia. 12 May

Relevant contents

15B. Transfer of possession

(1) The owner of a firearm may only transfer possession of the firearm to another person —
(a) if he or she is selling, giving, lending or hiring the firearm to the other person and transfers possession in accordance with subsection (9); or
(b) if the firearm is a class A, B or H firearm and is lent pursuant to a written or oral agreement between the owner and borrower that the borrower will only use the firearm for a purpose or purposes specified in the agreement and will return the firearm to the owner within 10 days; or
(c) if the other person is a licensed dealer in firearms and possession is transferred —
(i) to enable the dealer to repair, modify or test the firearm or to display the firearm on behalf of the owner for the purpose of sale; or
(ii) to the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or
(d) if the owner of the firearm carries on the business of primary production and possession of the firearm is transferred temporarily to an employee or relative of the owner for the purposes of that business; or
(e) if the owner of the firearm carries on the business of guarding property and possession of the firearm is transferred temporarily to an employee of the owner for the purposes of that business; or
(f) in circumstances (prescribed by or under section 11) in which the person acquiring possession is not required to hold a licence authorising the possession and use of the firearm; or
(g) in circumstances authorised by regulation.

(2) Subsections (1)(a) and (9) do not apply in relation to the sale of a firearm if the person selling or purchasing the firearm is a licensed dealer in firearms acting in the normal course of carrying on the business of dealing in firearms pursuant to his or her licence….

(9) When selling, giving, lending or hiring a firearm to another person, the owner, or former owner, of the firearm may only transfer possession of the firearm to the other person —
(a) if —
(i) the owner, or former owner, and the person acquiring possession are together in the presence of a prescribed person and the transfer is witnessed by the prescribed person; and
(ii) the owner, or former owner, and the person acquiring possession, provide the prescribed person with the information, and produce the licences and permit necessary to enable the prescribed person to comply with his or her obligations under this Division; or
(b) through the agency of a licensed dealer….

(14) In this section - prescribed person means —
(a) a police officer; or
(b) a licensed dealer in firearms; or
(c) a responsible officer of a recognised firearms club authorised by the Registrar to witness the transfer of possession of a firearm under this Division; or
(d) a Public Service employee authorised by the Registrar to witness the transfer of possession of a firearm under this Division.

ID: Q2889

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