Arms Act Offences

Question 1

Define “Possession”

Answer 1

In their possession or under their control

Question 2

Section 66 of the Arms Act 1983

Answer 2

Any person found in a property where a firearm is discovered would be deemed to be in possession of that firearm unless they prove it is not their property and belongs to another person.

Question 3

Section 45(1) + Elements

Answer 3

Unlawful Carriage/Possession of a firearm

• 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 Explosives

Question 4

Section 50A + Elements

Answer 4

Unlawful possession of prohibited firearm

• In possession of

• A prohibited firearm

• Not authorised or permitted to be in possession by the Act

Question 5

Section 46(1) + Elements

Answer 5

Carrying an imitation firearm

• Except for some lawful, proper and sufficient purpose

• Carries

• An imitation firearm

Question 6

Section 48 + Elements

Answer 6

Discharging firearm in or near a dwelling house OR public place:

• Without reasonable cause

• Discharges

• A firearm

• In or near a dwelling house OR in or near a public place

• So as to endanger property
• So as to endanger any person
• So as to annoy any person
• So as to frighten any person

Question 7

Section 52(1) + Elements

Answer 7

Presenting a firearm at another person:

• Except for some lawful and sufficient purpose

• Presents

• Firearm

• At any other person

Question 8

Section 52(2) + Elements

Answer 8

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 it is a firearm (other than a prohibited firearm)

Question 9

Section 66B

Answer 9

Demand details (Name/Address/DOB)

• If they refuse (Caution the arrest)