Firearms

Question 1

What is the definition of a firearm?

Answer 1

Anything from which any shot, bullet, missile, or other projectile can be discharged BY FORCE OF EXPLOSIVE including: - anything ADAPTED - Anything which BY ITS COMPLETION or REPLACEMENT of parts or the CORRECTION OR REPAIR or any defects - Anything dismantled or partially DISMANTLED - especially dangerous air gun

Question 2

What is the definition of a pistol?

Answer 2

Any firearm that is: - designed or, - adapted to be held and fired with one hand and includes any firearm that is less than 762 mm in length

Question 3

What does a MSSA have to have?

Answer 3

A magazine capable of holding, or which appears capable of holding: - more than 15 .22 calibre cartridges - more than seven cartridges of any other calibre

Question 4

Can a person under 16 own a firearm or airgun?

Answer 4

No, but they can use one under immediate supervision

Question 5

Can a person aged between 16 - 18 own a firearm or airgun?

Answer 5

Yes but they require a license. To get a license, parental permission is required

Question 6

Does a person who is 18 need a licence to use a firearm?

Answer 6

Yes, but they do not need a licence for an airgun

Question 7

What classes of licences are there?

Answer 7

A - Rifles, shotguns, conventional firearms B - Pistols, must be a member of a pistol club C - Collections, restricted weapons and use of weapons in theatrical performances D - Firearms dealers E - Military style semi-auto firearms

Question 8

What are the duties of a firearm licence holder?

Answer 8

• Produce it to police on demand - If they don’t have it on them, produce it at a police station within 7 days of the demand - If they change their address, notify the police within 30 days

Question 9

How often does a firearms licence need renewed?

Answer 9

Every 10 years

Question 10

How do you obtain a firearms licence?

Answer 10

A person over 16 years: - Lodges application through police - Police conduct inquiries into the applicants suitability - Sit and pass firearms test

Question 11

What must every person in possession of a firearm etc do under section 40 (1)?

Answer 11

Give their - full name - address - D.O.B

Question 12

Can a person be arrested for failing to give their particulars or give false ones? Section 40 (2)

Answer 12

Yes but you must caution the person first and if they continue to refuse you can arrest them without warrent

Question 13

What is section 18 of the Search and Surveillance Act 2012?

Answer 13

A constable can (a) search the person (b) search anything in the persons possession or control (c) enter a place or vehicle to carry out the search (d) seize and detain any arms (e) seize and detail any licence IF (2) (a) they are in breach of the Arms Act 1983 or (b) physical or mental condition is incapable of having proper control of the arms or may kill (c) PO or PSO or grounds for one (3)(a) search and seize arms or licence if rgts an offence has been, is being or about to be committed (b) evidential material in relation to category 3/4 offence or offence against Arms Act 1983

Question 14

What are the two things you should question the person about when they are in possession of a firearm?

Answer 14

• their firearms licence - their purpose for having the firearm

Question 15

What are the elements of Section 45 (1), Unlawful carrying?

Answer 15

• Except for some lawful proper and sufficient purpose - Carries or Is in possession of - Firearm or Airgun or Pistol or Restricted Weapon or Explosives

Question 16

What does it mean when someone is in possession of?

Answer 16

• Knowledge of and, - Physical control over. Even it is stored at a different location

Question 17

What are the elements of Section 46 (1), Unlawful Carrying of Imitation Firearm?

Answer 17

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

Question 18

What are the elements of Section 48, Discharging Firearm Without Reasonable Cause?

Answer 18

• Without reasonable cause - Discharges - A firearm or Airgun 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 19

What are the elements of Section 52 (2), Presenting a Firearm?

Answer 19

-Except for some lawful and sufficient purpose - Presents - Firearm etc - At any other person

Question 20

What are the elements of Section 52 (2), Presenting Anything

Answer 20

• 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 etc