Fire Arms 3 Flashcards
You receive information from an elderly man that while waiting at an intersection for the
‘cross now’ lights, a car full of youths stopped briefly beside him. A youth in the back seat
pointed a pistol at him, and told him to, “Stand back, or I’ll shoot you.”
You locate the car and speak to the youth. He produces a small black iron bar. He says
he pointed it at the man for a laugh.
What offence has been committed, and what elements of the offence have been committed?
-Presenting anything - section 52(2) Arms Act 1983.
Elements:
Presenting anything - section 52(2) Arms Act 1983.
-Except for some lawful and sufficient purpose
-Presents
-At any other person
-Anything
-In circumstances which lead other person to believe it is a pistol.
You receive a call to go to a nearby public park regarding a youth who has fired a .22
bolt action rifle at trees. Parents are very annoyed about the potential danger because
their children were playing nearby. On your arrival you see the youth putting the rifle in
the boot of his car. He admits firing the rifle and says that if the people in the park are
chicken then they can go up the other end.
What offence, if any, has he committed and What are the elements of the offence that has been committed?
-Section 48(b) Arms Act 1983 Discharging firearm in a public place.
Elements:
- Without reasonable cause
- Discharges
- A firearm
- In or near a public place
- So as to annoy any person.
While policing a small demonstration near Parliament, your attention is drawn to a young
woman who is very vocal. She yells out, “Do the buggers!”, when several Government
MP’s come to talk to the group. You notice something concealed beneath her coat.
You can make out the distinct shape of a pistol. You now wish to search her.
What search power do you have and What criteria must exist before you can use this power?
Section 18(1) Search and Surveillance Act 2012
Elements:
- Reasonable grounds to suspect the woman
- Carrying or in possession
- Of any arms
- In breach of the Arms Act 1983
What is the definition of a pistol?
Any firearm that is designed or adapted to be held and fired with one hand and
includes any firearm that is less than 762mm in length.
Section 40(1) of the Arms Act 1983 gives you certain powers in relation to the details that you can demand of someone who is in possession of a firearm. What details can you demand?
Full name, address, date of birth.
Section 40(2) of the Arms Act 1983 outlines the procedure you must take when you suspect someone is not giving you the details required by statute. What action does this section outline for dealing with someone in this situation?
-Demand name/ address /DOB.
-If any person refuses to give those details or gives false particulars
police may caution them
- If a person persists in such refusal or fails or continues to fail to give correct particulars, arrest the person without warrant.
- Offender must be warned before they are arrested.
A man has an argument with his next door neighbour. He goes home and uplifts a rifle
from his locked gun cabinet. He places it in the rear of his vehicle and drives off in a
flaming rage. You see him driving along in an erratic manner so you pull him over.
You speak with him. He is very argumentative, very uptight and in your opinion very
nervous. You ask him about his firearm and he tells you that he has a licence. He then
tells you to piss off because he is going to ‘top’ himself. You intend to seize the rifle.
Where does this power come from and What criteria must exist before you get this power of search and seizure?
-Section 18, Search and Surveillance Act 2012
-Reasonable grounds to suspect that the person
-Is carrying or has in his possession or under his control
-Any arms
-And their physical/mental condition means they are: Incapable of proper control of the arms and may kill or do bodily injury to any
person
When using powers of search under the Search and Surveillance Act 2012 you have
certain statutory obligations. What are these obligations before searching a place vehicle or other thing (S131)?
-Identify self by name or unique identifier.
-Announce your intention to enter and search the place vehicle or other thing under
the Search and Surveillance Act 2012. and
-The reason for the search.
-If not in uniform provide proof of identity.
When using powers of search under the Search and Surveillance Act 2012 you have
certain statutory obligations. What are these obligations before searching a person (S125)?
-Identify self by name or unique identifier.
-Advise the person being searched of the name of the Act and the reason for the
search
-If not in uniform provide proof of identity.
