Firearms

Question 1

What duration are firearm licenses issued for?

Answer 1

10 years

Unless previously not held or previously revoked/ suspended then every 5 years

Question 2

What are the categories of firearm licenses?

Answer 2

A - Full license for possession and use of conventional firearms
B - Pistols but must belong to a pistol club
C - Collectors license for collections, restricted weapons and use of weapons in theatrical performances
D - Dealers license for firearm dealers

Question 3

What are the age limits on having licenses and purchasing firearms and air guns?

Answer 3

0-15 no license or weapons allowed
16-17 Must have parents permission for firearms license and must hold license for firearm and air gun
18+ Must have license for firearm but may purchase and posses air gun without one

Question 4

What are the defintions regarding possessing broken or incomplete firearms?

Answer 4

Broken or incomplete firearms are still firearms as on their completion or assemblement become a working firearm

Question 5

What is the duty of a firearm license holder to inform Police of a change of address?

Answer 5

Must notify police within 30 days

Question 6

What is the duty of people when requested by police to produce their firearms license?

Answer 6

Produce it on demand

If they cannot then produce it at a police station within seven days of demand

Question 7

Define firearm

Answer 7

Firearm is anything from which a shot can be discharged by force of explosive
Includes
Anything adapted to discharge a shot by force of explosive
Anything not capable at the time but if completely assembled or required would be a firearm
Any dismantledr firearm

Question 8

Define prohibited firearm

Answer 8

A semi automatic firearm except
a 22 with a 10 or less magazine
A shotgun with non detachable magi one capable of holding 5 rounds or less

Any pump action shotgun capable of being used with a detachable magazine
Any pump action shotgun capable of holding more than 5 shots
Any other firearm decleared by Order in Council under section 74A

Question 9

Define pistol

Answer 9

Pistol is any firearm designed or altered to be shot with one hand and includes any fire arm less than 762mm long

Question 10

What details can be demanded from a person in possession of a firearm, pistol, air gun etc under Section 66B of the Arms Act 1983?

Answer 10

Full name
Address
Date of birth

Question 11

If identity details are demanded and they refuse to be given what action can be taken?

Answer 11

Caution (warn) the person
Then
If still refusing arrest without warrant

Question 12

What power do police have to search people for firearms?

Answer 12

Section 18 of SASA 2012
If you SUSPECT the person is carrying/ in possession/ has control over firearm and
Person is in breach of arms act or
Person physically or mental condition in incapable of having proper control over the firearm or
Person physically or mental condition may kill or injure any person or
A protection order is in place against the person or
Grounds exist for a PO to be applied for against the person or
A PSO is in force against the person

Then you may search the person
Search anything in their possession including vehicles
Enter place and search
Seize and detain any arms found and firearms license

Question 13

What are the elements of

Unlawfully carrying a firearm (etc)

Answer 13

Except for some lawful, proper and sufficient purpose
Carries
OR
Is in possession of
Firearm
OR
Air gun
OR
Pistol
OR
Prohibited magazine
OR
Restricted weapon
OR
Explosives

Question 14

What are the elements for

Unlawful possession of a prohibited firearm?

Answer 14

In possession of
A prohibited firearm
Not authorised or permitted to be in possession by the Act

Question 15

What are the elements of

Unlawful carrying of imitation firearm?

Answer 15

Except for some lawful, proper and sufficient purpose
Carries
An imitation firearm

Question 16

What are the elements for Discharging a firearm without reasonable cause?

Answer 16

Without reasonable cause
Discharges
A firearm
OR 
Air gun
OR
Pistol
OR
Restricted weapon
In or near a dwelling house 
OR 
In or near a public place
So as to endanger property
OR
So as to endanger any person
OR
So as to annoy any person
OR
So as to frighten any person

Question 17

What are the elements for

Presenting a firearm?

Answer 17

Except for some lawful and sufficient purpose 
Presents
Firearm (other than prohibited firearm)
OR
Air gun
OR
Pistol
OR 
Restricted weapon
At any other person

Question 18

What are the elements of

Presenting anything?

Answer 18

Except for some lawful and sufficient purpose
Presents
At any other person
Anything
In the circumstances is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm)
OR
Air gun
OR
Pistol
OR
Restricted weapon

Question 19

What does possession mean in relation to firearms?

Answer 19

Knowledge or the firearm

Physical control over it (can have control over it if they wanted to)

Question 20

What is the presumption of possession under Section 66 of the Arms Act 1983?

Answer 20

Every person in occupation of any land or building and the driver of any vehicle in which any firearm, air gun, pistol, imitation firearm, restricted weapon, prohibited magazine or explosives is found, that person is deemed to be in possession of that thing UNLESS they prove that it was not their property and that it was in the possession of some other person.