Chapter 6 Firearms

Question 1

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

Answer 1

The onus rests with the applicant to prove they have are a fit and proper person

Question 2

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

Answer 2

16 years of age and over is a fit and proper person to be in possession of a firearm or air gun

Question 3

If I am is license shall be issued by a person who is a constable of a above what level or position

Answer 3

The level of position of inspector

Question 4

The definition of a fit and proper person is spelled-out in law true or false

Answer 4

False

Question 5

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

Answer 5

True police versus Cottle determines this

Question 6

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

Answer 6

Yes as in the case of Debs versus police

Question 7

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

Answer 7

Yes as in the case of bush versus police

Question 8

The previous convictions prevent someone from being a fit and proper person to hold a firearms licence

Answer 8

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

Question 9

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

Answer 9

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is not a fit and proper person to possess a firearm or a gun or his firearms license or certificate of registration had been revoked

Question 10

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

Answer 10

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

Question 11

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

Answer 11

No but the rules of natural justice should be complied with that is the license holder will have an opportunity to be heard

Question 12

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

Answer 12

Will be a breach of natural justice and unanswerable on appeal Gadsby v police

Question 13

When does a person ceased to be licensed

Answer 13

As soon as a license is revoked or surrendered

Question 14

If a firearms license has been revoked or suspended and someone files and appeal does the revocation remain in affect

Answer 14

Yes the firearms license remains revoked or surrendered until a successful appeal is established

Question 15

As the existence of a protection order or grounds for applying for an order sufficient for revocation of suspension of a firearms license

Answer 15

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

Question 16

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

Answer 16

Only with a very good reason see Williams V Tangney

Question 17

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

Answer 17

Every firearm pistol prohibited magazine prohibited part or restricted weapon in their position or under their control

Question 18

After three months from a persons firearms license been revoked or surrendered what can that person do

Answer 18

Sell or dispose of any firearm pistol prohibitive magazine bracket apart or restricted weapon

Question 19

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

Answer 19

A person approved for the purpose by police

Question 20

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

Answer 20

No but they do have a right to compensation by the crown

Question 21

Under section 26 subsection three of the arms act once a license has been surrendered or revoked what does that mean

Answer 21

The license holder is no longer entitled to possess a firearm

Question 22

Who hears appeals for revoked firearms licenses

Answer 22

The district court will hear the matter of fresh

Question 23

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?

Answer 23

To seize any firearms and firearms license that are in the holders position

Question 24

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

Answer 24

The person must have the opportunity to make oral and or written submissions

Question 25

When police are on the premise where firearms are stored what should they check

Answer 25

They should check firearms security and consider seeking to revoke the license if the conditions are breached

Question 26

Any revocation or refusal of a firearms license should be fully discussed with the person who should be given the opportunity to discuss the circumstances with the commission of the signing the revocation or refusal notice true or false

Answer 26

True

Question 27

What are five examples where it is considered that a license holder is no longer fit and proper

Answer 27

Committed crimes involving violence
committed a serious offence against the arms act
been involved in substance abuse
exhibited signs of psychological disturbance
been involved in matrimonial discord w violence

Question 28

Under sections 27 and 33 of the arms act is there a provision for police to search for licenses and sees them

Answer 28

No there is no provision if the criteria in section 18 of the search and surveillance act as meet police could exercise the power of entry search and seizure

Question 29

Section 18 of the search and surveillance act provides powers to enter and search a person vehicle place sees entertain any firearms all firearms license under what circumstances

Answer 29

A breach of the arms act physical or mental condition in capable of proper control may kill or cause bodily injury a protection order or a safety order is in force or their own grounds to make an application against him or her for a protection order