Firearms Flashcards
What does Section 40 of the Arms Act 1983 refer to?
Demand particulars of a person in possession of a firearm
Every person in possession of a firearm, pistol, airgun, restricted weapon must, on demand by a constable, provide their: name, date of birth, address.
If that person refuses, caution. If they continue to refuse, they commit an offence and may be arrested.
What does Section 66 of the Arms Act 1983 refer to?
Presumption of possession
An occupier of any land/building, or the driver of any vehicle where a firearm is found is deemed to be in possession of it.
Defence may rebutt if they can prove on the balance of probabilities that the firearm was in the possession or control of another person.
What does Section 18 of the Search and Surveillance Act 2012 refer to?
Warrantless searches relating to firearms/licenses
(2) when a constable has RGTS that a person is:
a) in breach of the Arms Act, or
b) because of a physical or mental condition, i) is incapable of having proper control over their arms, or ii) may kill or cause GBH to any person, or
c) Under the Family Violence Act: i) PO/PSO is in effect, or ii) there are grounds to make an application for a PO, then
(1) a constable may:
a) search a person
b) search anything in the person’s possession or control (including vehicles)
c) enter any place or vehicle for a) or b)
d) seize/detain any firearm
e) seize/detain firearms license.
(3) may also invoke (1) when there is RGTB:
a) Catergory 3 or 4 offence, or an offence against the Arms Act has, is, or about to be committed, or
b) that it may be evidentiary material of a Catergory 3 or 4 or Arms Act offence.
What does Section 48 of the Crimes Act 1961 refer to?
Use of force - for the defence of self or others.
What does Section 39 of the Crimes Act 1961 refer to?
Use of force - when arresting a person whom has committed an offence.
What does Section 40of the Crimes Act 1961 refer to?
Use of force - to prevent escape.
