Firearms Flashcards
What are the proofs of unauthorised possession of firearms.
Section 4(1)
* possession of a firearm includes any case in which a person knowingly:
(a) has custody of the firearm, or
(b) has the firearm in the custody of another person, or
(c) has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether
or not belonging to or occupied by the person.
What are the exceptions/defences of unauthorised firearm possession?
- 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 - firearm placed in or on premises by or on behalf of person lawfully authorised to
possession, or - person did not know AND could not reasonably be expected to know firearm there, or
- on the evidence, person not in possession of firearm
What does S87 of the Firearms Act State?
S87 - provides certificate (prima facie evidence) of whether person was a licence holder, conditions, whether person subject to prohibition order, whether firearm registered, who it was registered to, last known address
What is an FPO as per S73 of the Firearms Act?
What power does this give police as per s74A of the Firearms Act?
S 73 – FPO’s
The Commissioner may make a FPO if in the person is not fit or in the public interest for the person to have possession of the firearm.
S 74A – powers to search for firearms in possession of person subject to firearms prohibition order.
(1) The powers of a police officer under this section may be exercised as reasonably required for the purposes of determining whether a person who is subject to a firearms prohibition order has committed an offence under section 74 (1), (2) or (3).
(2) A police officer may:
(a)detain a person who is subject to a firearms prohibition order, or
(b)enter any premises occupied by or under the control or management of such a person, or
(c)stop and detain any vehicle, vessel or aircraft occupied by or under the control or management of such a person,
and conduct a search of the person, or of the premises, vehicle, vessel or aircraft, for any firearms, firearm parts or ammunition.
What is the case law for prohibited weapons?
May V the QUEEN
Held: - ..subsection requires the occupier to establish on the balance of probabilities that they did not know or could not be reasonably expected to know of the presence of the weapon.- This requires more than evidence from which a possible inference could be drawn. The accused must satisfy the trial court that he or she either did not know or could not be reasonably expected to know of the presence of the weapon.
What is the difference between an FPO and WPO?
Ss 33 and 34 Weapons Prohibition Act
Does not have an accompanying search provision.
What is the defintion of a firearm?
Firearm means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include anything declared by the regulations not to be a firearm.
