Part 3A of the Summary Offences Act 1953 (SA) sets out a number of weapons offences.

Offensive weapons and dangerous articles

It is an offence, without lawful excuse, to carry an offensive weapon or an article of disguise or possess a housebreaking implement [Summary Offences Act 1953 (SA) s 21C(1)]. This carries a maximum penalty of $2,500 or imprisonment for 6 months.

An offensive weapon includes a rifle, gun, pistol, knife, sword, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon listed in the Summary Offences Regulations 2016 (SA) [Summary Offences Act 1953 (SA) s 21A(1)].

A housebreaking implement includes a picklock key, crowbar, jack, bit or other implement of housebreaking [s 21A(1)]. It could include otherwise lawful household tools, such as a common household screwdriver, depending on the intention of the person who has it.

Carrying an offensive weapon for self-defence is not a lawful excuse.

It is also an offence to:

Dangerous articles are prescribed under the Summary Offences Regulations 2016 (SA) and include anti-theft cases, blow guns, dart projectors, gas injector devices, plain catapults, self-protecting sprays and self-protection devices [reg 5].

Weapons in schools and public places

It is an offence, without lawful excuse, to use or visibly carry an offensive weapon in the presence of any person in a school or public place in a manner likely to cause a person to fear for their safety [s 21C(7)]. This carries a maximum penalty of $10,000 or imprisonment for 2 years.

It is also an offence, without lawful excuse, to possess a knife in a school or public place [s 21E]. This carries a maximum penalty of $2,500 or imprisonment for 6 months for a first offence, and $5,000 or imprisonment for 12 months for a subsequent offence.

Other offences

It is an offence to be armed at night with a dangerous or offensive weapon intending to use the weapon to commit an offence against a person [Criminal Law Consolidation Act 1935 (SA) s 270D]. This carries a maximum penalty of imprisonment for 7 years, or 10 years if previously convicted of an offence against the person or an offence against s 270D.

It is an offence to, in suspicious circumstances, possess an article intending to use it to commit certain specified offences [Criminal Law Consolidation Act 1935 (SA) s 270C]. The maximum penalty is half the maximum period of imprisonment for the intended offence, up to a maximum of 7 years.

See also Offences against children, young people and vulnerable adults - weapons for specific laws that apply to or in relation to youths.