Arms Act 1983 Flashcards
Air gun
- air rifle
- air pistol
- weapon from which, by the use of gas or compressed air (and not but force of explosive)
Define a Imitation firearm
Appearance of being a firearm
Define a Pistol
Designed or adapted to be held and fired with one hand, less than 762mm in length
Define a Restricted weapon
Any weapon declared a restricted weapon by the Governor-General E.g. • molotov cocktails • grenades • rocket launchers • TASER • o/c spray • fully automatic weapons
Define a Explosive
any substance capable of exploding or producing a pyrotechnic effect.
• dynamite
• TNT
• marine distress flares
What are the categories of a firearms licence?
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
Define a Firearm
By force of explosive
Who can have licence/use firearm?
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
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?
7 days
Duties of licence holders
Firearms Licence need to be renewed every 10 years.
Change of address - notify within 30 days
When can you search and seize firearms under section 18 of the Search and Surveillance Act 2012?
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
What can you do if you have RGTS a person is in possession of a firearm?
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
What is your power to stop a vehicle which you RGTS contains arms?
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
What is the difference between Carrying and Possession?
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)
What is Section 66, Arms Act 1983?
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