Chapter 6: Firearms

Question 1

Who holds the onus of proof relating to a F/L applicant being a Fit and Proper Person?

Answer 1

The onus lies with the applicant. They must satisfy the police they are fit and proper

Question 2

What does Sec 24 of the Arms Act relate to?

Answer 2

Issuing of /Firearms Licences

Question 3

Under Sec 24 of the Arms Act who SHALL a F/L be issued to?

Answer 3

• person over the age of 16

- A fit and proper person

Question 4

If the applicant is deemed a F and P person can the application still be refused?

Answer 4

Yes.. If police believe a person who is not fit and proper may have access to any F/A held by the applicant

Question 5

Under Section 27 of the Arms Act relating to revocation and not being fit and proper, who hold the onus of proof?

Answer 5

The commissioned officer

Question 6

What does Section 27A of the Arms Act Relates to?

Hint - PO

Answer 6

A person is not fit and proper if there are grounds under the Family Violence Act 2018 for -

• An application for a PO to be made
• A PO is already in place

Question 7

Under Sec 28 of the Arms Act what must a licence holder do if his licence is revoked?

Answer 7

On the revocation or surrender of the F/L

• Deliver on demand of a constable every FA in his possession.

Question 8

Under Sec 28 of the Arms Act how long does a person have to sell their FA after being seized?

Answer 8

3 months or longer if the commissioner allows

Question 9

If a commissioned officer is considering revoking a persons licence do they have the right to reply?

Answer 9

Yes. The subject may make oral or written submissions

Question 10

If a person appeals a commissioned officer’s decision to revoke, who hears the matter?

Answer 10

The District Court.. Careful documentation and notes should be made

Question 11

what are some examples of “not fit and proper”?

Answer 11

• Show no regard for the Arms Act or Arms Regs
• Involved in Substance abuse
• Committed serious offences against the Arms Act
• Committed any serious offence against another act
• Committed a series of minor offences against the
  Arms Act
• Committed crimes involving violence or drugs
• Affiliations with gang involved in committing violent
  offences or in conflict with another gang
• Been in or is involved in matrimonial discord involving
  violence or threats of violence
• Exhibiting signs of psycho disturbance
• Self harm or attempts of suicide
• Failed to comply with conditions on thier licence.

Question 12

Section 18 of the Search and Surveillance Act 2012 provides what power?

Answer 12

Warrantless Search associated with Firearms

Constable has reasonable grounds to suspect that person is:

• Breaching Arms Act
• by reason of their physical or mental condition
  
  • Incapable of having proper control over the arms
  • may kill or cause bodily harm to any person
    That under the DVA 1995
  • a PSO is in force
  • Grounds for an application for a PO against them

That constable may:
    - Search that person
    - Search anything (including a vehicle)  in that 
      persons possession
    - Seize and detain any arms found
    - Seize and detain any FL

Any Constable may without warrant enter any place/vehicle and seize any Arms or licence found there if they have reasonable grounds to suspect:

- a Category 3 or 4 offence or an offence against the 
   Arms Act has been or is about to be committed
- May be evidential material relating to a Cat 3 or 4 
  or offence against the Arms Act