Chapter 6 Firearms Flashcards
Section 24 of the arms act issue of a firearms license puts the onus on who to prove it prove the applicant is a fit and proper person
The onus rests with the applicant to prove they have are a fit and proper person
Section 24 of the arms act in issuing of a firearms license the member of police must be satisfied that the applicant is what to things
16 years of age and over is a fit and proper person to be in possession of a firearm or air gun
If I am is license shall be issued by a person who is a constable of a above what level or position
The level of position of inspector
The definition of a fit and proper person is spelled-out in law true or false
False
In proving that an applicant is a fit and proper person to hold a firearms license evidence of their general character and temperament will be a relevant consideration true or false
True police versus Cottle determines this
Canon applicants criminal convictions be of concern significance in their application for a firearms license to do to determine whether they are a fit and proper person
Yes as in the case of Debs versus police
Well violence against a spouse to be a significant factor in determining whether someone is a fit and proper person to have a firearms license
Yes as in the case of bush versus police
The previous convictions prevent someone from being a fit and proper person to hold a firearms licence
No just because they have convictions and maybe an unpleasant person does not mean that they’re not a fit and proper person to hold a firearms and license as in the case of Flynn v Police - referred to McCane v Police
Section 24 subsection two of the arms act where an applicant is a fit and proper person what reason would police have to refuse the issue of a firearms license
If it is reasonably likely that a firearm or a gun in the applicants position would be accessible to someone else who is not a fit and proper person to possess a firearm or a gun or his firearms license or certificate of registration had been revoked
In respect of section 27 of the arms act revoking a firearms license who does the onus sit with to prove that the licensee is not a fit and proper person to have position
Under section 27 at rest on the commission officer of police to satisfy themselves as to the matters contained in subsection 1A1B they are not a fit and proper person I know in front and proper person may have access to their firearm
Is a commission officer under section 27 and revoking a firearms license expected to conduct a formal hearing before making a decision under the section
No but the rules of natural justice should be complied with that is the license holder will have an opportunity to be heard
And revoking someone’s firearms license the failure to provide the license holder with an opportunity to be heardWill be a breach of what and what are the consequences
Will be a breach of natural justice and unanswerable on appeal Gadsby v police
When does a person ceased to be licensed
As soon as a license is revoked or surrendered
If a firearms license has been revoked or suspended and someone files and appeal does the revocation remain in affect
Yes the firearms license remains revoked or surrendered until a successful appeal is established
As the existence of a protection order or grounds for applying for an order sufficient for revocation of suspension of a firearms license
Yes a standard condition of a protection order is that a firearms license holder against him the protection order is made is required to surrender any firearms they hold to police
In order for the standard condition in relation to firearms license holders against him a protection order is made could be modified order discharged under what conditions
Only with a very good reason see Williams V Tangney
On revocation or surrender of a firearms license the person who was the holder of that license shall on demand deliver what to a member of police
Every firearm pistol prohibited magazine prohibited part or restricted weapon in their position or under their control
After three months from a persons firearms license been revoked or surrendered what can that person do
Sell or dispose of any firearm pistol prohibitive magazine bracket apart or restricted weapon
If someone wants to sell or dispose of any firearm pistol prohibit of magazine provide apart or restricted weapon who can they sell or request disposal of two or by
A person approved for the purpose by police
If after a determined period of time all firearms and items that had been detained by police become property of the crown does a former license holder have any title or interest there after
No but they do have a right to compensation by the crown
Under section 26 subsection three of the arms act once a license has been surrendered or revoked what does that mean
The license holder is no longer entitled to possess a firearm
Who hears appeals for revoked firearms licenses
The district court will hear the matter of fresh
If attending a job and you suspect on reasonable grounds that a license holder is no longer a fit and proper person to be in possession of a firearm police is first priority is to what?
To seize any firearms and firearms license that are in the holders position
If police attending a job have ceased firearms and firearms license informed an inspector who decides whether or not to revoke the license what opportunity does the firearms license holder have
The person must have the opportunity to make oral and or written submissions