Arm Act 1983 Flashcards
What is a firearm?
Means anything from which a projectile can be discharged by force of explosion
What is a air gun?
Air rifle/pistol from which a projectile can be discharged by use of gas or compressed air
What is a pistol?
Any firearm designed or adapted to be held and fired in one hand and less than 762mm long.
What is a restricted weapon?
As declared by the Governor-General (Molotov Cocktail, Grenades, Rocket Launchers).
What is a explosive?
Any substance capable of exploding or producing a pyrotechnic effect. eg. TNT, C4
What is an imitation firearm
Anything that has the appearance of being a firearm whether or not capable of discharging a shot.
What is a MSSA?
Military style semi automatic, or a firearm which after being loaded, fires, ejects and chambers another cartridge with each trigger pull. Must have one or more … Folding/telescopic butt, pistol grip, bayonet lugs, flash suppressor.
In terms of firearms, what is possession?
Having physical hold of, or having in a bag they are carrying, or having in a vehicle they are driving, unless they can prove it is someone else’s or in someone else’s possession
What does Section 66 of the Arms Act 1983 state?
Any person who is legal occupier of land or driving vehicle, is deemed to be in possession unless they can prove it is someone else’s or in someone else’s possession
How often must a firearms license be renewed?
Every 10 years
What are the rules around 0-16 year olds owning/possessing firearms?
Cannot own a firearm or an airgun but can use one under immediate supervision.
What are the rules around 16-18 year olds owning/possessing firearms?
Requires a license for a firearm and an airgun.
What are the rules around people over 18 owning/possessing firearms?
Require a license for a firearm but no license for an airgun.
What are the different categories of firearms licenses and what do they mean?
A - full license for possession/use of conventional firearms.
B - pistols, provided the owner is a member of a pistol club.
C - collections, restricted weapons and use of weapons in theatrical performances.
D - firearms dealers
E - MSSA’s
What are the duties of firearms license holders?
Keep license legible/undamaged
Produce to police on demand
Present in 7 days if not on them when demanded
Change of address: notify within 30 days
Report in writing any loss/theft/destruction of FA
If death/injury results from firearm use, report to police as soon as practicable.
What does section 40 of the Arms Act state?
That you have the power to demand the particulars of any person in possession of a firearm.
You can only arrest for failing to provide details after warning the person.
What does section 18 of the search and surveillance act state in relation to arms?
If you have RGTS that a person carries/possesses/has control of arms
AND that person is in breach of the Arms Act, PO/PSO in place,or grounds for a PO to be applied
OR because of their physical/mental condition may:
Kill or cause bodily injury to any person
OR
Is incapable of having proper control
Search Person & Things (Includes vehicles)
Under their control
Enter place or vehicle
To search for and seize arms/licence
What is an example of what is NOT “lawful, proper and sufficient purpose” to carry a firearm?
Rabbit shooting farmer leaving gun in his truck when going into town to visit his friends.
What does the Earl of Caithness case law state about how far away someone can be from a firearm and still be in possession of it?
160km
