Firearms Flashcards
What legislation applies?
Firearms Act 1996 (NSW)
What are the objects of the firearms act?
Section 3(2) Firearms Act 1996 outlines that the object of this act are as follows:
- to prohibit the possession and use of all automatic and self loading rifles and shot guns except in special circumstances
- to establish an integrated licensing and registration scheme for all firearms
- to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the fire arm.
- to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and supply of firearms
- to ensure that firearms are stored and conveyed in a safe and secure manner
- to provide for compensation in respect of an amnesty period to enable the surrender of certain prohibited firearms
What is a firearm?
Section 4 firearms act 1996 (NSW)
- gun / other weapon
- is/ was capable of propelling projectile e.g. pipe gun
- by means of an explosive
- includes blank fire firearms or air gun
- does not include anything the regulations declare not to be a firearm
What section 4(2) Firearms Act?
Provides that a firearm includes anything that would be a firearm except that it is obstructed or has a part missing.
Define pistol
Firearm reasonably capable of being raised and fired with one hand not exceeding 65cm long.
Define use
Fire or hold firearm so as to cause reasonable belief it will be fired whether capable of firing or not
What is an imitation pistol
An imitation pistol is taken to be a pistol. And an imitation Firearm is taken to be a prohibited firearm under section 4D of the Firearm Act
What is possession of a firearm?
Section 4(1) Firearms Act 1996 NSW includes: Knowingly having in custody, or having in custody of another or having firearm in any premises etc.
Can multiple people be in possession of a firearm?
Yes. Section 4(3) Firearms Act if firearm parts are possessed or being carried by 2 or more person’s each is taken to be possessing or carrying the Firearm.
How do you prove possession of a firearm under firearms act?
S4A(1) Firearms Act: firearm is taken to be in possession as long as it is in or on premises owned, leased, occupied, by, in care, control or management of person UNLESS
Firearm placed in or on premises by or in 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 is the authority or May v The Queen?
Related to section 4A(1) Firearms Act. Held that the section requires the occupier of a premises to establish on the balance of probabilities that they did not know or could not reasonably be expected to know of the presence of the weapon “this requires more than evidence from which a possible interference could be draw.” The accused must satisfy the trial court that he or she either did not know it could not know or could not be reasonably expected to know if the presence of the weapon.
Does a person have to know that the object is a firearm?
R v Hussain: court held person guilty of possession although he said he did not know what he had was a firearm irrelevant if don’t know it is a firearm they must just know they have a firearm in their possession.
What are the main firearm offences?
S7 Firearm Act- offence of unauthorised possession or use of a pistol or prohibited firearm
S7A Firearm Act- offence of unauthorised possession or use of a firearm.
Is there alternative verdicts?
Yes section 7(3) Firearms Act allows alternative verdict but only one direction prohibited firearm just to firearm.
Are there exemptions to person’s who can possess a firearm?
Yes. Section 6 of the act exempts police and security guards
