6-8 questions possible (1) Flashcards
Definition of Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:
- Anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; OR
- Anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which by its completion to the replacement of any component parts or the correction or repair of any defects would be a firearm; OR
- Anything (otherwise being a firearm) which is for the time being dismantled or partially dismantled; OR
- Any especially dangerous air gun
Definition of pistol
- Designed, OR
- Adapted
- To be held and fired with one hand and includes any firearm that is less that 762mm in length
Definition of prohibited weapon
• a semi-automatic firearm (except a pistol), other than:
-a semi-automatic firearm that is capable of firing only 0.22 calibre or lower rimfire cartridges and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with that firearm’s chamber size
-a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size
• a pump-action shotgun that is capable of being used with a detachable magazine
• a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size
• Includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.
Gun Licence Categories
- A: Full licence for the possession and use of conventional firearms NOT pistols or restricted weapons
- B: Pistols, providing that owner is a member of a pistol club
- C: Collections, restricted weapons and use of weapons in theatrical performances
- D: Firearms dealers
Who can own an airgun
- 0 – 16: Cannot own a firearm or air gun but can use one under immediate supervision of a licence holder
- 16 – 18: Requires a licence for both a firearm and an air gun
- 18 +: Requires a licence for a firearm but no licence for an air gun
Arms Act S. 48
discharging near dwelling / Public Place:
- Without reasonable excuse
- Discharges
- A firearm OR airgun OR Pistol OR restricted weapon
- In or near a dwelling house OR in or near a public place
- As to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person
Arms Act S.52 (1)
Presenting a firearm:
• Except for some lawful and sufficient purpose
• Presents
• Firearm (other than a prohibited firearm) OR airgun OR pistol OR restricted weapon
• At any person
Arms Act S. 52 (2)
presenting anything:
• Except for some lawful and sufficient purpose
• Presents
• At any other person
• Anything
• In the circumstances, is likely to lead that person to believe that it is a firearm OR pistol OR airgun OR restricted weapon
Arms Act S.66 rules of possession
Occupier of premises or driver of a vehicle deemed to be possession:
• Every person in occupation of any land or building or the driver of any vehicle on which an firearm is found will be deemed to be possession of that firearm unless her proves that it was not his property and that it was in the possession of another person
Search and Surveillance S.18
18 Gauge shotgun
Enter places or vehicles pr search persons to search for arms
Arms Act S. 40
Power to demand details:
- Every person in possession of any firearm, on demand must give full name, address and date of birth
- If any person refuses to give those details or gives false details you can caution and if persistent with refusal or fails to give the correct particulars you may arrest without warrant
Who can authorise a PSO
Sergeant or above - acting sergeant can’t make the decision
Person at risk vs bound person
Person at risk
• The person named in the order (for whose safety the order is issued).
• Any child residing with that person. (Includes children of the person whom the order is to be issued against whether the person at risk is also a parent or not).
Bound Person:
• The person against whom the order is issued becomes a bound person. They are bound by the conditions outlined in the PSO.
Family Violence Act 2018 S. 32
You are staying for 2
Detain a person for 2 hours to issue a PSO
how long do you have to serve a PSO
48 hrs
What is the duration of a PSO
1 - 10 days
FVA 2018 S.112
Offence to breach protection order
- Do ant act in contravention of a protecting order
- Fail to comply with any condition of a protection order
- Failing to attend a programme
FVA S.113
Power of arrest
• Where a protection is in force, any constable may arrest without warrant any person whom the constable suspects has:
- contravened the protection order
- failed to comply with any condition of the protection order