ARMS ACT 1983 Flashcards
Licence Categories
A - Full Licence for conventional Firearms
B - Pistols, provided owner is a member of Pistol Club.
C - Collectors, restricted weapons, theater / TV Production
D - Dealers
Ages
0 - 16 = cannot obtain licence but can use under supervision from licence holder.
16 - 18 = Requires licence for Air guns and Firearms
+ 18 = Requires full licence for firearms but no licence required for Air gun.
How long until a Firearms Licence expires
10 Years
Arms Act 1998 section 40 (1) - Person in possession of firearm, etc, must give identifying information to Police
Shall, on demand, give their:
•full name
•address
•date of birth
APPLIES TO: Every person in possession of any: •firearm •air gun •pistol •prohibited magazine •prohibited part, or •restricted weapon
Must be given to any member of the police who is in uniform or who produces evidence that they are a member of the police
Arms Act 1998 section 40 (2) Person in possession of firearm, etc, must give identifying information to Police (Refuses or false details)
If any person refuses to give those details or gives false particulars, any member of the police may:
a) caution the person; and
b) if the person persists in such refusal or fails or continues to fail to give the correct particulars, arrest the person without warrant.
NOTE: This power of arrest can be enforced only after the offender has been warned about the consequences of a failure or refusal
CARRYING / POSSESSION
Carrying -
• Physically holding the object
• Inside something they are carrying In possession
- Possession means the same as carrying except it goes further in that:
- Any person in occupation of any land or building, or
- The driver of any vehicle in which a firearm etc is found, not excluding the liability of any other person, is deemed to be in possession of that firearm etc unless they can prove (the onus is on the defendant)
−it was someone else’s property
−it was in someone else’s possession
Search and Surveillance Act 2102 Section 18
Warrantless searches associated with arms
Definition of Pistol
‘Pistol’ means any firearm that is:
•designed, or
•adapted to be held and fired with one hand and
includes any firearm that is less than 762mm in length.
ELEMENTS - Arms Act 1998 section 45 (1) (a) OR 45 (1) (b) Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive.
- Except for some lawful, proper and sufficient purpose Carries OR Is in possession of Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive
ELEMENTS - Arms Act 1983, Section 50A Unlawful possession of prohibited firearm
In possession of
A prohibited firearm
Not authorised or permitted to be in possession by the Act
ELEMENTS - Arms Act 1983, Section 50D Unlawful carrying or possessing prohibited firearm in public place
Without lawful purpose Carries OR In possession of A prohibited firearm In a public place
ELEMENTS - Arms Act 1983, section 46(1) Carrying an imitation firearm
Except for some lawful, proper and sufficient purpose
Carries
An imitation firearm
ELEMENTS - Arms Act 1983, Section 48(a) OR 48(b)Discharging firearm OR air gun OR pistol OR restricted weapon in or near a dwelling house OR public place.
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
ELEMENTS - Arms Act 1983, section 52(1) - Presenting a firearm
Except for some lawful and sufficient purpose Presents Firearm(other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon At any other person
Arms Act 1983, Section 52(2) - Presenting anything
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 (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon
