Firearms Flashcards
Carries
Carrying means the person actually has the firearm on or about them. It includes conveying or bearing. It has a narrower meaning than possession
Possession
has a wider meaning than carrying. Therefore, a person who carries must also be in possession. Ideally, the possessor has:
• knowledge of the firearm, and
• physical control over it.
Case law in regards to possession
Sullivan v Earl of Caithness (1976) 1 All ER 844
Arms Act 1983, Section 66
Every person in occupation of any land or building, and the driver of any vehicle, on which any firearm, airgun, pistol, imitation firearm, restricted weapon or explosive is found 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.
Arms Act 1983, Section 40(1)
Power to demand particulars: Section 40(1)
Every person in possession of any:
• firearm • air gun • pistol • restricted weapon
shall, on demand, give their:
• full name • address • date of birth
to any member of the police who is in uniform or who produces evidence that they are a member of the police.
Arms Act 1983, Section 40(2)
Refusal to give particulars:
If any person refuses to give those details or gives false particulars, any member of the police may:
a) caution the person; and
b) if the person persists in such refusal or fails or continues to fail to give the correct particulars, arrest the person without warrant.
Remember: This power of arrest can be enforced only after the offender has been warned about the consequences of a failure or refusal.
Procedure under Section 40
1 Approach and introduce yourself. If you are not in uniform, produce police identification.
2 Gain possession of the firearm.
3 Question the person about:
− their firearms licence
− their purpose for having the firearm.
4 Demand their name, address and date of birth.
a)The person complies: note their details and confirm their
ID and firearms licences in their NIA dossier.
b)they refuse to co-operate: warn them they are liable to be arrested.
c)they persist in refusing :
• arrest them
• seize the firearm
• retain the firearm as an exhibit.
Search and Surveillance act 2012, Section 18
s18 - Warrantless searches associated with arms.
If you (any constable) have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has them under their control and
• the person is in breach of the Arms Act 1983 or;
• the person, by reason of their physical or mental condition, is incapable of having proper control of the arms or;
• the person, by reason of their physical and mental condition, may kill or cause bodily injury to any person
or
• a protection order is in force against the person under the Domestic Violence Act
1995
or
• there are grounds to make an application against the person for a protection
order under the Domestic Violence Act 1995
or
• a police safety order is in force against the person under the Domestic Violence
Act 1995
then you may do any or all of the following without warrant:
• search the person
• search anything in their possession or under their control (including a vehicle)
• enter a place or vehicle to search:
– the person
– anything in the person’s possession or under their control (including a vehicle)
• seize and detain any arms found
• seize and detain the person’s firearms licence.
Reasonable grounds to suspect
must be more than a mere suspicion that a
breach has been committed which could be:
• Seen by the officer
• Told to the officer by a witness
• An admission by the suspect
Carrying
• Physically holding the object
• Inside something they are carrying In possession - possession means the same as carrying except it goes further in that
• any person in occupation of any land or building, or
• the driver of any vehicle in which a firearm etc is found, not excluding the
liability of any other person, is deemed to be in possession of that firearm
etc unless they can prove (the onus is on the defendant)
− it was someone else’s property
− it was in someone else’s possession
‘Firearm’
‘Firearm’ means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:
• anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; or
• anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which by its completion or the replacement of any component parts or the correction or repair of any
defects would be a firearm; or
• anything (otherwise being a firearm) which is for the time being dismantled or partially dismantled; or
• any especially dangerous air gun.
‘Air gun’
‘Airgun’ includes any:
• air rifle
• air pistol
• weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot, bullet, missile, or other projectile can be discharged.
‘Imitation firearm’
‘Imitation firearm’ means anything that has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet, etc.
‘Pistol’
‘Pistol’ means any firearm that is:
• designed, or
• adapted
to be held and fired with one hand and includes any firearm that is less than 762mm in length.
‘Restricted weapon’
‘Restricted weapon’ refers to any weapon declared a restricted weapon by the Governor-General.
Some examples are:
• Molotov cocktails
• grenades
• rocket launchers.
