Arms Act 1983 Flashcards

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1
Q

Air gun

A
  • air rifle
  • air pistol
  • weapon from which, by the use of gas or compressed air (and not but force of explosive)
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2
Q

Define a Imitation firearm

A

Appearance of being a firearm

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3
Q

Define a Pistol

A

Designed or adapted to be held and fired with one hand, less than 762mm in length

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4
Q

Define a Restricted weapon

A
Any weapon declared a restricted weapon by the Governor-General
E.g.
• molotov cocktails
• grenades
• rocket launchers
• TASER
• o/c spray
• fully automatic weapons
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5
Q

Define a Explosive

A

any substance capable of exploding or producing a pyrotechnic effect.
• dynamite
• TNT
• marine distress flares

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5
Q

What are the categories of a firearms licence?

A
A - full licence (not pistols, restricted weapons or MSSA)
B - Pistols if member of pistol club
C - collectors
D - dealers
E - military style semi-automatic
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6
Q

Define a Firearm

A

By force of explosive

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7
Q

Who can have licence/use firearm?

A

0-16 - cannot own firearm or airgun, but can use one under immediate supervision
16-18 - Requires a licence for both a firearm and an airgun.
18 + Requires a licence for firearm not an airgun

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8
Q

If you find a person with a firearm, you ask for there firearms licence but they do not have it on them, how long do they have to produce it to police?

A

7 days

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9
Q

Duties of licence holders

A

Firearms Licence need to be renewed every 10 years.

Change of address - notify within 30 days

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10
Q

When can you search and seize firearms under section 18 of the Search and Surveillance Act 2012?

A

RGTS theyre carrying firearms, or in possession of or under their control and in breach of the arms act 1983
OR
Mental/Physical Condition is incapable of having proper control of the arms
OR
may Kill or cause Bodily injury to any person
OR
a Protection Order is in place
OR
Their are grounds for an application for Protection Order against that person
OR
A PSO is in force

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11
Q

What can you do if you have RGTS a person is in possession of a firearm?

A

Under Section 18, Search and Surveillance Act 2012 you may:

  • Search the person and anything in their control
  • enter a place or vehicle to search the person and anything in thier possession
  • seize and detain
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12
Q

What is your power to stop a vehicle which you RGTS contains arms?

A

Section 121, you may:

  • Stop a vehicle
  • require to remain
  • detain for search
  • secure vehicle for search
  • detain any person in connection and search
  • use force
  • seize
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13
Q

What is the difference between Carrying and Possession?

A

Carrying = physical holding, or inside something the person is holding. Actually has it on or about them.
Possession = Same as carrying but includes the possessor has:
- knowledge of the firearm
- physical control over it (and can go and get it if he/she wishes)

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14
Q

What is Section 66, Arms Act 1983?

A

The occupier of Building/Land and the Driver of a vehicle are deemed to be ‘in possession’ of any arms found in their car/premises, UNLESS they can prove that:
the firearm was not their property and that it was in the possession of some other person

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