Firearms Act 1983 Flashcards
What Power does the Arms Act 1983 Section 66B give Police?
Power to demand particulars from every person in possession of any
•firearm
•airgun
•pistol
•prohibited magazine
•prohibited part
•restricted weapon
Under 66B what details is a person in possession of any F.A.P.P.P.R required to give?
•Full name
•Address
•Date of birth
If a person refuses to give details under 66B what are Police powers?
Power to arrest.
Must be cautioned first.
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?
Search and Surveillance Act 2012 Section 18.
Comply with obligations under 125 or 131
In order to invoke Section 18 of the SSAct 2012 what do Police need?
Reasonable grounds to suspect person is carrying arms or has them their possession or control.
What grounds must exist for police to search and seize a firearm under SSA12 Section 18?
•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
What is Section 45(1) of the Firearms Act 1983?
Unlawful Carrige
What are the elements of
Unlawful Carrige Section 45(1)
● Except for some lawful, proper, and sufficient purpose
●Carries OR Is in possession of
●F.A.P.P.E.R
What is Section 50A of the Firearms Act 1983?
Unlawful Possession of a prohibited firearm
What are the elements of
Unlawful possession of a prohibited firearm?
●In possession of
●A prohibited firearm
●Not authorised or permitted to be in possession by the Act
A person is deemed to be in possession if what 2 conditions exist?
●Knowledge of the firearm
●physical control over it and could go get it if they wished
What is Section 46(1) of the Firearms Act 1983?
Unlawful carrying of imitation firearm
Elements for Unlawful carrying of imitation firearm?
●Except for some lawful,proper and sufficient purpose
●Carries
●An imitation firearm
What is Section 48 of the Firearms Act 1983?
Discharging firearm without reasonable cause.
Elements of Discharging a Firearm without reasonable cause?
●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
What is Section 52(1)?
Presenting a Firearm
Elements for Presenting a Firearm?
●Except for some lawful and sufficient purpose
●Presents
●Firearm
●At any other person
What is Section 52 (2)?
Presenting anything
What are the elements of Presents anything?
●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
Four license catergories of firearms?
•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
0-16 years old?
Cannot own a firearm or airgun but can use one under immediate supervision of a licence holder
16 - 18 years old
Requires a licence for both a firearm and an air gun
18 years and over
Requires a licence for a firearm but no license for an air gun
License must be renewed every?
10 years
Must inform Police of a change of address within?
30 days
If they fail to produce there f’lic upon request they must produce it at the police station within?
7 days
Definition of a pistol?
Designed to be held in one hand and under 762mm in length.
If death or injury results from use of firearm when must it be reported?
As soon as practicable.
F’lic holders must…?
Keep their licence legible and undamaged.
What is a prohibited magazine in relation to a shotgun?
Whether or not detachable capable of holding 5 or more cartridges
What is a prohibited magazine in relation to a firearm?
Any detachable magazine capable of holding 10 or more cartridges
What is a prohibited part?
A part of a prohibited firearm
What is the purpose of the Arms Act?
•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
