Firearms Offences

Question 1

Duration of Firearms Licences

Answer 1

• Licences need to be renewed every 10 years unless revoked or surrendered or previously have not held a firearms licence. In these cases they must be renewed every 5 years.

Question 2

Categories of Firearms Licences

Answer 2

A: Full licence for the possession and use of conventional firearms, not pistols or restricted weapons.

B: Pistols, providing the owner is a member of a pistol club.

C: Collections restricted weapons in theatrical performances.

D: Firearms Dealers

Question 3

Possession and purchase of Airguns and broken or incomplete firearms.

Answer 3

0-16 years old: Cannot own a firearm or air gun but can use one under immediate supervision of licence.

16 -18 years old : Requires a licence for both a firearm and an air gun.

18 years & Older : Requires a licence for a firearm but no licence for an air gun.

Question 4

Duties of firearms licence holders

Answer 4

• Keep their Licence legible and undamaged.
• Produce it to the police on demand, just like a driver licence.
• If they do not have the licence with them, produce it at a police station within 7 days.
• If they change their address notify police within 30 days.
• Report to the police in writing the circumstances of any theft, loss or destruction of the firearm.
• If death or injury results from the use of the firearm, report the circumstances to the police as soon as practicable.
• Licences need to be renewed every 10 years unless revoked or surrendered or previously have not held a firearms licence. In these cases they must be renewed every 5 years.

Question 5

Definitions: Firearm, Pistol, Prohibited Firearm

Answer 5

Firearm: Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.

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

Prohibited Firearm: A semi automatic firearm capable of firing only 0.22 calibre or lower rimfire cartridges and that has a magazine capable of holding no more than 10 cartridges.

Question 6

66B of the Arms Act 1983

Powers to demand the particulars of anyone in possession of a firearm.

Answer 6

Any person in possession of any:
-Firearm/Airgun/Pistol/Prohibited Magazine/Prohibited Part/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.

If particulars are not provided warn then arrest.

Question 7

Section 18 Search and Surveillance Act.

Warrantless searches associated with firearms.

Answer 7

If you have RGTS that a person who is carrying arms or is in possession of them or has them under their control and
-is in breach of the Arms Act 1983
or
-due to their mental or physical condition is incapable of having proper control of the arms/may kill or cause GBH/has a protection order or a police safety order made against them.
You May :
Search them/ Anything in their posession/enter a place or vehicle/ to search for person or property & seize and detained arms found and seize and detain forearms licence.

Question 8

Unlawful Carrying
Section 45
Arms Act 1983

Answer 8

Except for some lawful, proper and sufficient purpose
Carries OR Is in possession of
Firearm/Airgun/Pistol/Prohibited Magazine/Restricted Weapon/Explosives.

Question 9

Unlawful Possession of a Prohibited Firearm

Section 50 A Arms Act 1983

Answer 9

In Possession of
A Prohibited Firearm
Not Authorised or permitted to be in possession by the act.

Question 10

Discharging Firearm Without Reasonable Cause
Section 48
Arms Act 1983

Answer 10

Without reasonable cause 
Discharges 
A Firearm/Airgun/Pistol/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 frighten any person.

Question 11

Unlawful Carrying an Imitation Firearm.
Section 46
Arms Act 1983

Answer 11

Except for some lawful proper and sufficient purpose
Carries
An imitation Firearm

Question 12

Presenting a Firearm
Section 52
Arms Act 1983

Answer 12

Except for some lawful and sufficient purpose
Presents
Firearm/Airgun/Pistol/Restricted Weapon
At any other person.

Question 13

Presenting Anything
Section 52
Arms Act 1983

Answer 13

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/Airgun/Pistol/Restricted Weapon