Firearm and Weapon Lecture Flashcards
What is a firearm?
- Gun or other weapon
- I/was capable of propelling projectile
- by means of an explosive
- includes blank fire firearm or air gun
- does not include anything the refs declare not to be a firearm
What section of the Act is the definition of a firearm?
Section 4 of the Firearm Act
What does 4A(1) state about possession?
A firearm is taken to be in possession as long as in or on premises owned, leased, occupied by, in care, control or management of , person unless
- did not know
- on premises by someone who is lawfully authorise to possess
- person did not know
What are the objects of the Firearm Act under section 3?
- to prohibit the possession and use of all automatic & self-loading rifles and shotguns except in special circumstances. (Prohibit)
- to establish an integrated licensing and registration scheme for all firearms (integrated licensing)
- to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm. (genuine reason)
- to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and supply of firearms (licensing & acquisition)
- to ensure stored and conveyed in a safe and secure manner (storage whilst conveyed)
- provide compensation in respect of amnesty periods
What is a pistol?
A firearm reasonably capable of being raised and fired with one hand and not exceeding 65cm long
What is meant by use? Under 4(1)?
Fire of hold firearm so as to cause reasonable belief it will be fired, whether capable of firing or not?
What does s 4D say about imitation firearms? Cite authority?
An imitation pistol is taken to be a pistol and an imitation prohibited firearm is taken to be a prohibited firearm. Commissioner of Police v Howard Silvers & Sons Pty Ltd
What does Commissioner of Police v Howard Silvers & Sons say about imitation firearms?
They must be produced and identified as toys. Our experts cannot comment on this, various factors such as weight, material colour must be considered.
What is the definition of possession? As per s 4 (1)
It includes knowingly:
- having custody
- having in custody of another
- having firearm in any premises
If two or more people are transporting parts of a firearm are they in possession of a firearm?
Yes as per s 4(3) of the Firearms Act
What does 4A(1) say about proving possession of a firearm?
A firearm is taken to be in possession as long as it is on the premises owned, leased, occupied or in care, control or management of the person.
UNLESS
- Unless placed there by a person lawful authorised to be in possession
- Person did not know it was there
- On evidence person not in possession of a firearm.
What does section 7 of the firearm Act cover?
It says it is an offence to be in possession of use a prohibited firearm.
What does s 7A cover?
Offence unauthorised possession or use of firearm
What does s 7(3) permit?
An alternate verdict. (Get details)
What is R v Hussain authority for?
Court held person guilty of possession although he said he did not know what he had was a firearm. They just need to know they have it. It is for the Court to determine if it is a firearm.
What does the machinery section in 82 cover?
Parents are liable if a person under 18 contravenes the Firearms Act or regulations and the parents knowingly authorised it or permitted it.
What is the statue of limitations for offences under this act?
2 years as per section 85
What does section 87 authorise you to rely on?
Certificate of whether person was a licence holder, conditions whether person subject to a prohibition order, whether firearm registered, who it was registered to.
It will be accepted as Prima facie Evidence of this. No need for expert.
What does section 80 permit the Court to order?
The forfeiture of firearms after the finding of guilt for a Part 4 (safe keeping) Firearms Offence.
As per Norton v O’Connor & Anor - s10 counts as a finding of guilt and the magistrate has no discretion re ordering the forfeiture
Norton v O’Connor & Anor says what?
Section 10 counts as a finding of guilt and the magistrate has no discretion re ordering the forfeiture
What does NSW Commissioner of Police v Eykamp & Anor state about forfeitures?
Once there has been a finding of guilt the Court has no discretion to make alternative orders in the disposal of the said firearm.
What act covers prohibited weapons?
Weapons Prohibition Act 1998
What is the definition of a prohibited weapon?
Anything described in s 4(1)
Nunchucks, flick knives, zombie knife, sling shot
It is still a prohibited weapon although something missing, defect or obstruction (4(2)).
What is the definition of possession under section 4(1) weapons prohibition act?
- having in custody
- having in custody of another
- having in any premises
