Using air rifle in backyard?

Questions about South Australian gun and ammunition laws. S.A. Firearms Act 2015.

Using air rifle in backyard?

Post by benny » 10 Mar 2014, 7:47 pm

Hi,

New to this forum, I have had a look through and haven't seen this brought up yet.

I'm just about to get my license (A and B) and plan on getting an air rifle first (.22) and cant find any where if your allowed to use them in your back yard.

I live in Adelaide and in a residential area

Thanks.
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Re: usinf air rifle in backyard?

Post by Chronos » 10 Mar 2014, 8:53 pm

there are some laws that differ from state to state but in general you may only discharge any fire arm

A) when at an approved range or

B) when hunting or sighting in. there are restrictions on where you may do this and best check your state laws. For example in nsw you must not discharge a firearm in an area not zoned rural. so you can shoot on a mates property but not in town. and only then if you have rec hunting /vermin control on your license

it gets complicated which is why people are reluctant to give advice

i'd offer this advice, get down to your local range and shoot your air rifle. it will cost you a few bucks but you will make some great mates and have a bit of friendly competition

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Re: usinf air rifle in backyard?

Post by Apollo » 10 Mar 2014, 9:33 pm

You really need someone from South Australia who is aware of your local regulations to contribute but unless South Australia has some crazy different laws I think you answer would be a big NO NO.

Most states I know of it is illegal to discharge a firearm within residential zone areas. I know in NSW it is illegal to have a loaded firearm in a public place, like being on a public roadway or even crossing a public road from one property to another.

My advice would be to ring your local Police or your Firearms Registry and ask for official advice. Until you do that don't even think about doing what you are asking. If it is illegal and you are reproted you will most likely be charged with a serious firearms offence and loose not only your firearms, your licence but it might also mean you have a hell of a time getting another firearms licence.
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Re: usinf air rifle in backyard?

Post by MasterBlaster » 10 Mar 2014, 10:36 pm

Even if you are out hunting in an area that allows it and you happen to scare someone even accidentally you can be charged...
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Re: Using air rifle in backyard?

Post by Elek » 11 Mar 2014, 7:42 am

I think you'll find that would be 'discharging a firearm in a populated area' or whatever the offence is.

A definite no-no, in every state too I'm pretty sure.
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Re: Using air rifle in backyard?

Post by benny » 11 Mar 2014, 9:00 am

thanks everyone, had a feeling that might the case but could not actually find it stating that anywhere.

appreciate the advice and help, i think a range and mates properties is going to be the best option.
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Re: Using air rifle in backyard?

Post by Guliver » 11 Mar 2014, 12:15 pm

I understand the reasoning behind the current laws, but was just thing it's only about 45years ago we used to run around with our air rifles where VFL park was to be built and the nearby necropolis's dam and surrounding streets as young teenagers and nobody said boo. Times they have changed. "apologies to Robert Zimmerman"
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Re: Using air rifle in backyard?

Post by Norton » 11 Mar 2014, 12:32 pm

benny wrote:thanks everyone, had a feeling that might the case but could not actually find it stating that anywhere.


That's often the case.

A lot of these things are wording in wide sweeping and a ambiguous ways so they can be applied to many possible situations.

Nothing in the firearms act is as clear as:

Q: Is it legal to fire an air rifle in my back yard?
A: No.

Gotta navigate through all the jargon.
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Re: Using air rifle in backyard?

Post by snowboard » 25 Mar 2014, 1:34 pm

I cannot find anything in the Western Australian firearms act. As far as I can tell you can use any firearm in your own back yard in WA residential or not. Not sure about South Australia.
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Re: Using air rifle in backyard?

Post by nords » 25 Mar 2014, 1:40 pm

snowboard wrote:I cannot find anything in the Western Australian firearms act. As far as I can tell you can use any firearm in your own back yard in WA residential or not. Not sure about South Australia.


:lol: Righto,

Fire your centrefire off in the back yard and see if the Police don't come calling :lol:
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Re: Using air rifle in backyard?

Post by Elek » 25 Mar 2014, 1:43 pm

snowboard wrote:I cannot find anything in the Western Australian firearms act. As far as I can tell you can use any firearm in your own back yard in WA residential or not.


You don't really believe that...

You think if you're sitting in your back yard with your neighbours watching and you're busting off dozens of rounds with your 30 cal that the Police won't come and take you away?

C'mon now...
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Re: Using air rifle in backyard?

Post by Lorgar » 25 Mar 2014, 1:54 pm

snowboard wrote:I cannot find anything in the Western Australian firearms act. As far as I can tell you can use any firearm in your own back yard in WA.


Except for...

'custody of a firearm in a public place'
'discharging a firearm in a public place'

Both criminal charges in WA according to the Australian Institute of Criminology publish Court outcomes for firearm offences in Australia.

'being armed in a way that may cause fear'
'causing fear or alarm to driver of conveyance or others'

Both in the Criminal Code Act of WA (P.S. Summary conviction penalty: imprisonment for 3 years and a fine of $36,000.)

I'm sure there are some summary offences along the lines of 'disturbing the peace' to top things off...

The firearms act isn't the be-all-and-end-all of all things shooting related. Depending on what/where/when you do something it could be prohibited in a number of acts. Firearms, Crimes, Parks/Wildlife, Dangerous goods... Probably more I can't think of...

Seriously, as if it was going to be ok to fire your rifle in your back yard...
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Re: Using air rifle in backyard?

Post by RDobber » 25 Mar 2014, 2:34 pm

Lorgar wrote:I'm sure there are some summary offences along the lines of 'disturbing the peace' to top things off...


Because 4 criminal offences don't get you enough "street cred", you have to chuck on a fine for disturbing the peace as well :lol:
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Re: Using air rifle in backyard?

Post by chilliman » 25 Mar 2014, 6:02 pm

I wouldn't be shooting an air rifle in the backyard in a residential area
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Re: Using air rifle in backyard?

Post by huccl » 25 Mar 2014, 6:09 pm

Nope, me neither.
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Re: Using air rifle in backyard?

Post by benny » 26 Mar 2014, 3:15 pm

thanks again guys, did my theory for the firearms license and as Norton said it really is the way you read the jargon and how you interpret it (like most law stuff!) as everyone has said definitely safer not to discharge in the backyard!
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Re: Using air rifle in backyard?

Post by tom604 » 26 Mar 2014, 5:31 pm

not allowed,,,,and dont sit inside with your music on so that no one can hear you shooting your air rifle. plastic army men are the target of choice or so ive heard
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Re: Using air rifle in backyard?

Post by on_one_wheel » 26 Mar 2014, 6:00 pm

I dont believe that is illegal to shoot in your back yard in SA.

A few weeks ago a bloke a few houses up from me let one rip from his 12 gauge at a snake..... nothing came from it.... both my neibour and myself have taken many rabbits in our own back yards.

If your neibours have a problem with it then you will have trouble, it would pay to speak with them first.
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Re: Using air rifle in backyard?

Post by tom604 » 26 Mar 2014, 6:34 pm

your not in the suburbs are you
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Re: Using air rifle in backyard?

Post by Mark TAC » 26 Mar 2014, 11:00 pm

nords wrote:
snowboard wrote:I cannot find anything in the Western Australian firearms act. As far as I can tell you can use any firearm in your own back yard in WA residential or not. Not sure about South Australia.


:lol: Righto,

Fire your centrefire off in the back yard and see if the Police don't come calling :lol:


They will no doubt
but it is not a Firearms Act offence.

Noise issues, yes.

But you are allowed to discharge a firearm on your property, being 1/4ac or 1 million acres. No difference.

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Re: Using air rifle in backyard?

Post by ebr love » 27 Mar 2014, 10:53 am

on_one_wheel wrote:I don't believe that is illegal to shoot in your back yard in SA.

A few weeks ago a bloke a few houses up from me let one rip from his 12 gauge at a snake..... nothing came from it.... both my neighbour and myself have taken many rabbits in our own back yards.

If your neighbours have a problem with it then you will have trouble, it would pay to speak with them first.


It's important to note the difference between it being allowed and not being caught though. ( "caught" is the wrong word, too harsh, not impying any wrong doing here by anyone, just for the sake of conversation... You get it... )

If no one is around and/or no one cares and the police never hear of it then there will obviously won't be a problem. If all the neighbours are happy and no one makes a complaint, happy days. If you're on a rural property this is likely to be the case.

If you live in suburbia though in and are popping off your centre fire in your 40 square metre back yard you're going to have problems I'm sure.

I haven't scoured the WA Firearms Act, but even if it's not specifically prohibited in the Act, how many times do you think the Police will come out and have the conversation with you about how, strictly speaking, you're allowed to fire your rifle in a 40m backyard surrounded by neighbours, before acting to take your firearms away.

Don't forget they don't need to get you on something in the firearms act specifically. Any criminal conviction of an indictable offence is grounds to remove your license from you - firearms specific or not.

e.g. one of the charges Lorgar outlined from the Crimes Act.

Not having a go at anyone, just saying in the context of shooting in your residential backyard, it's foolish to even entertain the idea. IMHO.
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Re: Using air rifle in backyard?

Post by pajamatime » 28 Mar 2014, 9:52 am

I would say no in any residential area....go find a rural area at least better yet go get permission from a rural land owner to do so (usually for pest control reasons)
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Re: Using air rifle in backyard?

Post by Elek » 28 Mar 2014, 9:59 am

ebr love wrote:in the context of shooting in your residential backyard, it's foolish to even entertain the idea. IMHO.


Exactly.

Your neighbours would be calling the cops in a heartbeat and they'd be all over you.
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Re: Using air rifle in backyard?

Post by on_one_wheel » 28 Mar 2014, 9:17 pm

I'm yet to see any legislation quoted...... im going to ask tne local cop when I see him next.
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Re: Using air rifle in backyard?

Post by von_klitzing » 28 Mar 2014, 10:25 pm

I would be very careful here. The answer is obvious, it's simply a matter of how you personally interpret the legislation.

I doubt it states specifically that you may not fire an air rifle in your backyard, however, I can guarantee there are paragraphs in the legislation that cover this topic in a general manner. eg. legislation.sa.gov.au refer to Firearms Regulations - check out "purposes for which firearms may be used"

I'm sure there are many more areas that cover it as well, but that's up to the license holder to read and understand.

The OP should not simply be asking this question in a forum, but should be actively seeking out the answer by studying the laws and regulations that apply to your own area. If you don't have time or capacity for that, you probably shouldn't be holding a firearms license.

If you were to shoot an air rifle in your back yard, and someone reported it, the police will not discriminate when they come knocking at your door, and it will certainly be a big blow to the shooting community as a whole after everything shooters before us have done to keep firearms ownership within reach of enthusiasts.

The media will make sure of that.
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Re: Using air rifle in backyard?

Post by marksmanVIC » 28 Mar 2014, 10:57 pm

interesting answers...In a residential area I doubt that you will be able to use any type of rifle and i don't think it would be worth the risk. That being said I don't think there is a problem with it either (Air rifles). When I was younger, and I'm only in my mid-20's now, our neighbors kids had air rifles and they used to shoot targets in their backyard and yes it was in the suburbs. They were not loud rifles and were seen more as a kids toy then a firearm. Times change I guess.
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Re: Using air rifle in backyard?

Post by benny » 29 Mar 2014, 6:14 am

I did my TAFE firearms coarse yesterday to get my license (finally!!!) and in the part about firearms and the la I asked them and their response was it is not techincally illegal UNLESS someone feels threatened, scared, annoyed etc. and reports you then it becomes a a summary offences act which would see you charged and you would be fined, posibly jail time and loss of fire arms license.

Another interesting fact is that it counts for ANYWHERE i.e. on a farm and some feels threatened same problem! and you get charged

So I suppose it comes down to what your neighbours are like, but at the end of the day NOT worth it to me!
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Re: Using air rifle in backyard?

Post by Elek » 29 Mar 2014, 12:51 pm

von_klitzing wrote:The answer is obvious, it's simply a matter of how you personally interpret the legislation.

I doubt it states specifically that you may not fire an air rifle in your backyard, however, I can guarantee there are paragraphs in the legislation that cover this topic in a general manner. eg. legislation.sa.gov.au refer to Firearms Regulations - check out "purposes for which firearms may be used"

I'm sure there are many more areas that cover it as well, but that's up to the license holder to read and understand.


Exactly.

Personally I can't understand why people say "it's not expressly forbidden in the firearms act" and think that's open season to do whatever you want.

As has already be said above, I seriously doubt anyone actually believes they can sit in their back yard all day long shooting their .308 into the dirt and not have it taken off them.

Talk talk talk. Anyone confident enough to test this? I think not.
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Re: Using air rifle in backyard?

Post by Elek » 29 Mar 2014, 12:52 pm

benny wrote:So I suppose it comes down to what your neighbours are like


Which in suburbia none of them are going to put up with that.
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Re: Using air rifle in backyard?

Post by ebr love » 01 Apr 2014, 2:24 pm

On this topic from today's news:

80-year-old charged with shooting birds

AN 80-year-old man has been arrested for allegedly shooting birds off power lines in a western Sydney street.

Police went to Links Avenue in Cabramatta after locals reported hearing gunshots about 10am on Monday.

Officers found two dead currawongs and a third bird with a gunshot wound.

It was taken to a vet.

An 80-year-old man who was driving nearby was spoken to by police.

They later arrested him at his Links Avenue home, where they seized two rifles, ammunition and the man's firearms licence.

He will face Liverpool Local Court at a later date on firearms and animal cruelty charges.


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