Arms Act 1983

Question 1

What is the definition of a firearm?

Answer 1

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Question 2

What is the definition of an airgun?

Answer 2

A weapon from which by the use of gas or compressed air anything is discharged from

Question 3

What is an imitation firearm?

Answer 3

Anything that has the appearance of being a firearm whether or not it is capable of discharging any bullet etc

Question 4

What is the definition of a pistol?

Answer 4

Anything designed or adapted to be held and fired in one hand and is less than 762mm in length

Question 5

What is a Restricted Weapon?

Answer 5

Any weapon declared a restricted weapon by the Governor-General:

• molotov cocktails
• grenades
• rocket launchers

Question 6

What is an “explosive”?

Answer 6

Anything capable of exploding or producing a pyrotechnic effect:

• dynamite
• TNT
• marine distress flare

Question 7

How do you obtain a firearms licence?

Answer 7

• A person aged 16+ (16-18 needs parental permission)
• Application for licence lodges with Police
• Applicant sits and passes firearms test
• Police conduct inquiries into the suitability of applicant
• Licence issued

Question 8

What are the licence categories?

Answer 8

Cat A: Full licence for the possession and use of conventional firearms (not pistols or MSSAs)
Cat B: Pistol-must be a member of a pistol club
Cat C: Collections, restricted weapons and use of weapons in performances
Cat D: Firearms dealer
Cat E: Military Style semi-automatic firearms

Question 9

What is Section 40(1) of the Firearms Act 1983?

Answer 9

Every person in possession of any firearm, air gun, pistol or restricted weapon shall on demand by Police give their:

• full name
• address
• DOB

Question 10

What is Section 40(2) of the Firearms Act 1983?

Answer 10

If any person refuses to give their details or give false details:

• warn them
• if they persist with their refusal you may arrest without warrant

Question 11

What does possession mean?

Answer 11

• having physical hold of the thing
• having it in a bag they are carrying
• having it in a vehicle they are driving

Unless they can prove it is someone elses property or in someone elses possession

Question 12

What is Section 18 of the Search and Surveillance Act 2012?

Answer 12

Warrantless searches associated with arms:

Reasonable grounds to suspect-must be more than a mere suspicion that a breach has been committed which could be:

• seen by the officer
• told to the officer by a witness
• an admission by the suspect

Question 13

What are the elements of Unlawful Carrying?

Answer 13

-Except for some lawful, proper and sufficient purpose
-Carries
OR
-Is in possession of any
-Firearm
OR
-Airgun
OR
-Pistol
Or
-Restricted Weapon
OR
-Explosives

Question 14

What are the elements of Unlawful Carrying of an Imitation Firearm?

Answer 14

• Except for some lawful, proper and sufficient purpose
• Carries
• An imitation firearm

Question 15

What are the elements for Discharging a Firearm Without Reasonable Cause?

Answer 15

-Without reasonable cause
-Discharges
-A firearm
OR
-Airgun
OR
-Pistol
OR
-Restricted Weapon
-In or near a dwelling house
OR
-In or near a public place
-So 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

Question 16

What are the elements for Presenting a Firearm?

Answer 16

-Except for some lawful and sufficient purpose
-Presents
-Firearm
OR
-Air Gun
OR
-Pistol
OR
-Restricted weapon
-At any other person

Question 17

What are the elements of Presenting Anything?

Answer 17

-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
-Air Gun
OR
-Pistol
OR
-Restricted weapon