Arms Act Offences 1983

Question 1

Section 45 Arms Act 1983

Answer 1

Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive

Question 2

Element “Except for some lawful proper and sufficient purpose” definition.

Answer 2

Without legal right or justification, or genuine reasonable excuse in the circumstances.

Question 3

Definition of Possession

Answer 3

The possessor has knowledge of the firearm and physical control over it.

Question 4

Case Law: Sullivan v Earl of Caithness (1976) Arms Act

Answer 4

A person can be in possession even if the firearm is stored at another location.
A man who kept a firearm at his parents’ house 160km away was held for possession because he:
- had knowledge of it
- had control of it and could go and get it when he wished.

Question 5

Section 50A of Arms Act 1983

Answer 5

Unlawful possession of prohibited firearm.

Question 6

Section 66 Arms Act (explain)

Answer 6

Occupiers of land and drivers of vehicles:
- Every person in occupation of any land/building or driver of any vehicle where a firearm etc is found is deemed to be in possession of that thing.

Question 7

Section 46 (1) Arms Act 1983

Answer 7

Carrying an Imitation Firearm

Question 8

Section 48 Arms Act 1983

Answer 8

Discharging Firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR Public Place.

Question 9

Section 52 (1) Arms Act 1983

Answer 9

Presenting a Firearm at Another Person.

Question 10

Section 52 (2) Arms Act 1983

Answer 10

Presenting anything

Question 11

Presents definition for Section 52(1) Arms Act 1983

Answer 11

Brandishes, deploys or displays in a threatening way.