Arms Act 1983 Firearms & Licences

Question 0

What is the definition of:

Firearm?

Answer 0

Anything from which any shot, bullet, missile, or other projectile can be discharged BY FORCE OF EXPLOSIVE and includes:

1. Anything ADAPTED so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive; or
2. Anything that can do the above BY IT’S COMPLETION or REPLACEMENT of any component parts or the CORRECTION OR REPAIR of any defects;or
3. Anything (otherwise being a firearm) for time being is DISMANTLED
4. Any especially dangerous airgun

Question 1

What is the purpose of the Arms Act 1983?

Answer 1

R P G E

1. Regulate who may have and use
    firearms
2. Provide a licensing system for 
    owners of firearms
3. Give Police the power to seize 
    firearms
4. Establish offences for unlawful 
    use, possession or discharge of
    firearms

Question 2

What is the definition of:

airgun?

Answer 2

Air rifle
Air pistol
Weapon from which BY THE USE OF HAS OR COMPRESSED AIR can discharge any shot, missile or other projectile

Question 3

What is the definition of:

Imitation firearm?

Answer 3

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

Question 4

What is the definition of:

Pistol?

Answer 4

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

Question 5

What is the definition of:

Restricted weapon?

Answer 5

Any weapon declared restricted by the Governor General including:

Molotov cocktails
Grenades
Rocket launchers

Question 6

What is the definition of:

Explosive?

Answer 6

Any substance capable of exploding or producing a pyrotechnic effect such as:

Dynamite
TNT
Marine distress flares

Question 7

What is the definition of:

Military style semi-automatic firearm?

Answer 7

A firearm which after being loaded, fires, ejects and chambers a cartridge with each pull of the trigger
Does not include pistol or semi auto firearm with mag is maintained at all times in a sporting configuration
ADDITIONAL REQUIREMENTS:
1. Folding or telescopic butt
2. Bayonet lugs
3. A flash suppressor
4. A freestanding pistol grip
5. A mag capable of holding more than 15 .22 calibre cartridges or more than 7 of any calibre

‘Sporting Configuration’ doesn’t include any of the above so not classified as a MSSA

Question 8

What must a person do before they can own or purchase as MSSA?

Answer 8

Obtain a firearms licence for that class of weapon.

Question 9

How often must a firearms licence be renewed?

Answer 9

Every 10 years

Question 10

Explain the rules regarding firearms v airguns

Answer 10

0-15 cannot own but can use under immediate supervision

16 and 17 requires a licence for both

18 and up licence for firearm but not air gun

Question 11

What are the categories for firearms Licences?

Answer 11

A. Full licence for possession and use of conventional firearms( not, pistols, restricted weapons or MSSAs)

B. Pistols providing owner is member of pistol club

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

D. Firearms dealers

E. Military style semi-automatic firearms

Question 12

What are the procedures that must be followed before a firearms licence can be issued?

Answer 12

1. Person 16 or over decides they want licence
   (16 and 17 parental permission required)
   2.
   Application for firearms licence lodged with police

3.
Applicant sits and passes firearms test

4. Police conduct inquiries into applicants suitability
5. Licence issued

Question 13

What are the licence holders duties?

Answer 13

1. Keep licence legible & undamaged
2. Produce to police on demand like drivers licence
3. If they do not have licence with them produce at police station within 7 days of demand
4. If change of address notify police within 30 days
5. Report to police in writing circumstances of any theft, loss or destruction of firearm
6. If death or injury results from use report to police as soon as practicable

Question 14

Explain section 40(1) of the Arms Act 1983.

Answer 14

Every person in possession any:

1. Firearm
2. Airgun
3. Pistol
4. Restriction weapon

Shall on demand give:

1. Full name
2. Address
3. DOB

Refusal - caution/rights
Persists - arrest

Question 15

Define possession in relation to the Arms Act 1983.

Answer 15

1. Having physical hold of the thing or
2. Having it in a bag they are carrying or
3. Having it in a vehicle they are driving

UNLESS they can prove it is someone else’s or in someone else’s possession.

Question 16

Explain Section 18 Search and Surveillance Act 2012.

Answer 16

Section 18: Warrantless Searches Associated with Arms

RGTS that person carrying arms, or in possession of them or has under their control and person is:
- in breach of Arms Act 1983
OR
- by physical or mental condition is incapable of having control of arm
OR
By physical or mental condition may kill or cause bodily injury to any person
OR
Grounds to make application against Protection Order or PSO

May search person and vehicle and seize and detain licence and arms

Question 17

What is the difference between CARRYING and POSSESSION?

Answer 17

CARRYING = physically holding the item or inside something the person is holding. Actually has it on or about them.

POSSESSION = the same as carrying but goes further to prove that the possessor has:
KNOWLEDGE of the firearm
PHYSICAL CONTROL OVER IT (and can go get it if he/she wishes)

Eg. Sullivan v Earl of Caithness
Person had firearm 160km away and was held to be in possession because had knowledge and had control as could go get it he wanted it.