Arms Act Offences

Question 1

Unlawful carriage OR possession of firearm OR airgun OR pistol etc etc. Elements 
Section 45 (1)

Answer 1

Except for some lawful proper and sufficient purpose - without legal right or justification, or genuine excuse in the circumstances.

Carries - actually has the weapon on or about him/her
OR
Is in possession of - in their possession or under their control.

Firearm - defined 
OR 
Airgun - defined 
OR 
Pistol - defined 
OR

Question 2

Unlawful possession of prohibited firearms elements

Section 50A

Answer 2

In possession of - in their possession or under their control.

A prohibited firearm - as defined in section 2a

Not authorised or permitted to be in possession by the act - not authorised or permitted to be in possession by the act

Question 3

Carrying an imitation firearm
Section 46 (1)
Elements

Answer 3

Except for some lawful, proper and sufficient purpose - without legal right or justification or genuine reasonable excuse in the circumstances

Carries - actually has the weapon on or about them.

An imitation firearm - anything that has the appearance of being a firearm.

Question 4

Discharging firearm
Section 48
Elements

Answer 4

Without reasonable cause - no genuine or reasonable excuse depending ot the circumstances

Discharges - fires or releases or let’s go.

A firearm - defined 
OR
Airgun - defined 
OR
Pistol- defined 
Or 
Restricted weapons - defined. 

In or near a dwelling house - inside or in the near vicinity if a residence or place of abode
OR
In or near a public place - defined .

So as to danger property - to put the property of another at risk of damage
OR
So as to endanger any person - to put the person at risk of injury
OR
So as to annoy any person - so as to distress a person.
OR
So as to frighten any person - So as to scare a person.

Question 5

Presenting a firearm at other person.
Section 52
Elements

Answer 5

Except for some lawful and sufficient purpose - without legal right or justification or genuine reasonable excuse in the circumstances. 
Presents - brandish, deploys or displays in a threatening way.
Firearms - defined 
OR 
Airgun- defined 
OR 
Pistol- defined
OR 
Restricted weapon - defined 

At any other person - must be another person

Question 6

Presenting anything
Section 52 (2)
Elements

Answer 6

Except for some lawful and sufficient purpose - without legal right or justification or genuine reasonable excuse jn the circumstances.

Presents - brandish, deploying or displaying in a threatening way

At any other person- must be another person

Anything - anything at all

In the circumstances, us likely to lead that person to believe that it is a firearm - the offenders action and the article presented makes it likely that the other person believes it

Firearm - defined 
OR 
Airgun  - defined 
OR 
Pistol- defined 
OR 
Restricted weapon - defined