Arms Act 1983

Question 1

Unlawful carriage OR Possession of a firearm OR Airgun OR pistol OR prohibited magazine OR Restricted weapon OR explosive

Answer 1

Except for some lawful, proper and sufficient purpose

Carries
OR
Is in the possession of

Firearm
OR
Airgun
OR
Pistol
OR
Prohibited Magazine
OR
Restricted weapon
OR 
Explosives

Question 2

Define Firearm

Answer 2

Means 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 or the replacement of any component parts or the correction or repair of any defects would be a firearm or
• any especially gangrenous air gun

Question 3

Define Pistol

Answer 3

Any firearm that is

Designed or
Adapted

To be held and fired with one hand and includes and firearm that is less that 762mm in length

Question 4

Define prohibited weapon

Answer 4

Means

• Any part of a prohibited firearm
• A component that can be applied to enable or take significant straps towards enabling, a firearm to be fired with or near to a semi automatic or automatic action.

Question 5

Define restricted weapon

Answer 5

Refers to any weapon declared a restricted weapon by the Governor General

Molotov cocktails
Grenades
Rocket launchers

Question 6

Section 45(1)

Answer 6

Makes it an offence to carry or possess a firearm without lawful, proper and sufficient purpose.

Question 7

Licence categories

Answer 7

A = full licence for the possession and use of conventional firearms (not pistols or restricted weapons)

B = Pistols, providing the owner is a member of a pistol club

C = Collections, restricted weapons and use of weapons in theatrical performances

D= Firearm dealers

Question 8

Duties of licence holders

Answer 8

• The licence must be renewed every 10 years.
• If they change their address notify the police within 30 day.
• Report to police in writing the circumstances of any theft, loss or destruction of the firearm
• If death or injury results from the use of the firearm report the circumstance to the police as soon as practicable
• Keep their licence legible and undamaged
• Produce it to the police on demand just like a driver licence
• IF they do not have the licence with them, produce it at a police station within 7 days of the demand.

Question 9

Firearms vs air guns and ages

Answer 9

Different rules for legal possession of a firearm as opposed to an air gun.
The age of the person is all important

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

Question 10

Section 18 Search & surveillance Act 2012

Answer 10

Power to search and seize
When exercising you power under sec 18 you must
-Ran/Rain them.
This is a power to search people, vehicles and places.

When using a warrantless power of entry or search you must report this by completing an on-line Notification as soon as practicable (should be completed by the end of shift)

Question 11

Section 66B

Answer 11

Gives the power to demand the particulars of anyone in possession of a firearm - on demand they should give their; full name, address, DOB

If any person refuses to give those details or gives false particulars any member of the police may

• caution the person and
• if the person persists in such a refusal or fails, or continues to fail to give the correct particulars arrest the person without warrant.

The power of arrest can be enforced only after the offender has been warned about the consequences of a failure of refusal.
Penalty is 3 months imprisonment or $1,000 fine or both.

Question 12

Unlawful possession of prohibited firearm

Arms Act 1983, section 50A

Answer 12

In Possession of - in there passion or under their control

A prohibited firearm

Not authorised or permitted to be in possession by the Act - Not authorised or permitted to be in possession by the Act.

Question 13

Section 66

Answer 13

Occupiers of land and drivers of vehicles.
Every person in occupation of any land of building and the driver of any vehicle, on which any firearm, airgun, pistol, imitation firearm, restricted, weapon, prohibited magazine or explosive is found is deemed to be in possession of that thing, unless they prove that it was not their property and that it was in the possession of some other person.

Question 14

Presenting a firearm at other person

Arms Act 1983 Section 52(1)

Answer 14

Except for some lawful and sufficient purpose - Without legal right or justification or genuine reasonable excuse in the circumstances

Presents - Brandishes, Deploys or displays in a threatening way

Firearm 
OR 
Air gun
OR
Pistol
OR 
Restricted weapon

At any other person - must be another person

Question 15

Section 52(2) Arms Act 1983
Presenting anything

Answer 15

Except for some lawful and sufficient purpose - Without legal right or justification or genuine reasonable excuse in the circumstances

Presents - Brandishing, deploying or displaying in a threatening way

At any other person - Must be another person

Anything - Anything at all

In the circumstances is likely to lead the person to believe that it is a firearm
OR
Air gun
OR
Pistol
OR 
Restricted weapon

Question 16

Discharges a firearm in or near a dwelling house or public place

Answer 16

A reasonable cause for discharging a firearm in such circumstances will be a defence. It might be that the person was under attacked and acting in self-defence or had to shoot a dangerous dog.

Question 17

Discharging firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place
Arms Act 1983 section 48(a) OR (48(b)

Answer 17

Without reasonable cause - No genuine or reasonable excuse depending on the circumstances

Discharges - Fires or releases or lets go

A firearm
OR
Airgun
OR 
Pistol
OR 
Restricted weapon

In or near a dwelling house - Inside or in the near vicinity of a residence of place of abode
OR
In or near a public place