Arms Power + offences Flashcards
Arms Act 1983: Section 66B Powers to search people places and vehicles without warrants for firearms under SASA Section 18
What is Section 66B of Arms Act 1983
Power to demand particulars of anyone in possession of firearm
What do you do if they refuse?
Warn them and if they persist they may be arrested.
What is Section 18
Warrantless search associated with arms. You must comply with section 125 (person) or 131 (vehicle/place).
What needs to be done with firearm is seized?
Report to FFS (Firearm Search and Seizure) database that also satisfy section 169.
What do you need to do when revoking a firearms licence?
If you suspect on reasonable grounds that a firearms licence holder is not a fit and proper person to be in possession of a firearm, you should present the facts to your arms officer for submission to the appropriate commissioned officer.
Unlawful Carriage Or Possession of a firearm Or Air gun Or Pistol Or prohibited Magazine Or Restricted weapon Or Explosive (3)
Except for some lawful, proper and sufficient purpose
Carries Or Is in possession of
fire arm Or Airgun or Pistol Or prohibited magazine Or Restricted weapon Or Explosives.
What is Carries?
Person actually has the firearm on or about them.
What is possession of?
Knowledge of the firearm and physical control over it. A person can be in possession even if the firearm is stored at another location.
Elements of Carrying an imitation firearm (3) section 46(1)
Except for lawful, proper and sufficient purpose
Carried
An imitation firearm
Presenting a firearm (3) section 52(1)
Except for some lawful and sufficient purpose
Presents
Firearm or Air gun or pistol or restricted weapon.
Presenting anything (5) section 52(2)
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 or air gun or pistol or restricted weapon.
