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Firearms Act 1983 > Firearms Act 1983 > Flashcards

Firearms Act 1983 Flashcards

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1
Q

What Power does the Arms Act 1983 Section 66B give Police?

A

Power to demand particulars from every person in possession of any
•firearm
•airgun
•pistol
•prohibited magazine
•prohibited part
•restricted weapon

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2
Q

Under 66B what details is a person in possession of any F.A.P.P.P.R required to give?

A

•Full name
•Address
•Date of birth

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3
Q

If a person refuses to give details under 66B what are Police powers?

A

Power to arrest.
Must be cautioned first.

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4
Q

What power do Police have to search and seize firearms on a person or in a place, thing or vehicle?

What are we obliged to do first?

A

Search and Surveillance Act 2012 Section 18.

Comply with obligations under 125 or 131

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5
Q

In order to invoke Section 18 of the SSAct 2012 what do Police need?

A

Reasonable grounds to suspect person is carrying arms or has them their possession or control.

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6
Q

What grounds must exist for police to search and seize a firearm under SSA12 Section 18?

A

•Breach of Arms Act 1983
•PO is in effect
•PSO is in effect
•Reasonable grounds to apply for a PO
•Due to mental/physical condition is incapable of proper control of any arms
•Due to mental/physical condition my kill or cause bodily injury to any person

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7
Q

What is Section 45(1) of the Firearms Act 1983?

A

Unlawful Carrige

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8
Q

What are the elements of
Unlawful Carrige Section 45(1)

A

● Except for some lawful, proper, and sufficient purpose
●Carries OR Is in possession of
●F.A.P.P.E.R

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9
Q

What is Section 50A of the Firearms Act 1983?

A

Unlawful Possession of a prohibited firearm

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10
Q

What are the elements of
Unlawful possession of a prohibited firearm?

A

●In possession of
●A prohibited firearm
●Not authorised or permitted to be in possession by the Act

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11
Q

A person is deemed to be in possession if what 2 conditions exist?

A

●Knowledge of the firearm
●physical control over it and could go get it if they wished

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12
Q

What is Section 46(1) of the Firearms Act 1983?

A

Unlawful carrying of imitation firearm

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13
Q

Elements for Unlawful carrying of imitation firearm?

A

●Except for some lawful,proper and sufficient purpose
●Carries
●An imitation firearm

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14
Q

What is Section 48 of the Firearms Act 1983?

A

Discharging firearm without reasonable cause.

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15
Q

Elements of Discharging a Firearm without reasonable cause?

A

●Without reasonable cause
●Discharges
●A firearm
●In or near a dwelling or house OR In or near a public place.
●So as to endanger person OR property

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16
Q

What is Section 52(1)?

A

Presenting a Firearm

17
Q

Elements for Presenting a Firearm?

A

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

18
Q

What is Section 52 (2)?

A

Presenting anything

19
Q

What are the elements of Presents anything?

A

●Except for some lawful and sufficient purpose
●Presents
●At any other person
●Anything
●In circumstances is likely to lead that person to believe that it is a Firearm

20
Q

Four license catergories of firearms?

A

•Category A - Full Licence for use of conventional firearm
•Category B - Pistols providing the owner is a member of a pistol club
•Category C - Collector restricted weapons and use of weapons in theatrical
Category D - Firearm dealers deals firearms

21
Q

0-16 years old?

A

Cannot own a firearm or airgun but can use one under immediate supervision of a licence holder

22
Q

16 - 18 years old

A

Requires a licence for both a firearm and an air gun

23
Q

18 years and over

A

Requires a licence for a firearm but no license for an air gun

24
Q

License must be renewed every?

A

10 years

25
Q

Must inform Police of a change of address within?

A

30 days

26
Q

If they fail to produce there f’lic upon request they must produce it at the police station within?

A

7 days

27
Q

Definition of a pistol?

A

Designed to be held in one hand and under 762mm in length.

28
Q

If death or injury results from use of firearm when must it be reported?

A

As soon as practicable.

29
Q

F’lic holders must…?

A

Keep their licence legible and undamaged.

30
Q

What is a prohibited magazine in relation to a shotgun?

A

Whether or not detachable capable of holding 5 or more cartridges

31
Q

What is a prohibited magazine in relation to a firearm?

A

Any detachable magazine capable of holding 10 or more cartridges

32
Q

What is a prohibited part?

A

A part of a prohibited firearm

33
Q

What is the purpose of the Arms Act?

A

•Regulate who may have and use firearms
•Provide a licensing system for owners of firearms
•Give Police power to seize firearms
•Establish offences for the unlawful use, possession or discharge of firearms

Firearms Act 1983 (2 decks)

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