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Justins police notes > Firearms Offences > Flashcards

Firearms Offences Flashcards

1
Q

What is the definition of firearm?

A

Anything from which any shot, bullet, missle or other projectile can be discharged by force of explosives.

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2
Q

What is the definition of air gun?

A

An air gun includes.

  • Air gun
  • Air pistol
  • Weapon from which, by the use of gas or compressed air (and not by force explosive) any shot, bullet, missle, or other projectile can be discharged.
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3
Q

What is the definition of pistol?

A

A pistol is defined as.

  • 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.
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4
Q

Who may lawfully possess a firearm?

A

Anyone over 16 that has a current firearms license for the appropriate firearm that they have in their possession.

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5
Q

Who may lawfully possess an air gun?

A

Anyone who is between the ages of 16 and 18 and holds a New Zealand fire arms license. OR Anyone over 18

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6
Q

Who may lawfully possess an MSSA?

A

Anyone who has a New Zealand Firearms license and has the additional E category on their license.

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7
Q

Who may lawfully possess a Pistol?

A

Anyone who has a New Zealand firearms license and has the additional B class on their license, they must also be a member of a pistol club

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8
Q

What legal requirements are placed on a firearms license holder?

A

License holders must:
- 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 seven days of the demand.
  • If they change their address, notify the 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.
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9
Q

How is a firearms license obtained?

A
  • A person 16 years or over
    decides they want a firearms
    licence.
  • 16 - 18 years: Parental permission
    required.
  • Application for firearms licence
    lodged with Police
  • Police conduct inquiries into the
    applicant’s suitability.
  • Applicant sits and passes
    firearms test.
  • Licence issued
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10
Q

How long does the license last?

A

10 years.

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11
Q

Which firearms license categories relate to which type of weapons?

A

Categories

  • A Full licence for the possession and use of conventional firearms (not pistols, restricted weapons of MSSAs).
  • B Pistols, providing the owner is a member of pistol club.
  • C Collections, restricted weapons and use of weapons in theatrical performances.
  • D Firearms dealers.
  • E Military Style Semi-Automatic Firearms.
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12
Q

Under what circumstances may you use your statutory powers?

A

when you have, 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
  • Physically holding the object
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13
Q

What are your statutory powers under section 18 of the search and surveillance act 2012?

A

• Section 18 of the Search and Surveillance Act 2012 relates to police powers without warrant to search for and seize arms.

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14
Q

What statutory obligations must you meet when exercising your powers?

A
  • Comply with section 125 and or 131 of the search and surveillance act 2012.
  • Comply with your obligations under section 169 of the search and surveillance act 2012.
  • If detaining anyone for the purposes of a search you must BOR.
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15
Q

Under section 40 what information must a person give you?

A

Their name, address and date of birth.

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16
Q

What must you do if a person fails to comply with your demand under section 40?

A

warn them they are liable to be arrested.
If they persist in refusing

  • arrest them
  • seize the firearm
  • retain the firearm as an exhibit.
17
Q

What are the two things you should establish when speaking to people who are in possession of a firearms?

A
  • Whether they have a firearms licence

* They have a lawful and sufficient purpose to have it with them.

18
Q

What is meant by the terms ‘Reasonable grounds’, ‘carrying’ and ‘possession’?

A

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

19
Q

What should we do if we suspect that a person is no longer fit to be in possession of a firearm?

A

If you suspect on reasonable grounds, that a firearms licence holder is not a fit and proper person to be in possession of a firearm, you should present the facts to your Arms Officer for submission to the appropriate commissioned officer. A decision will be made whether or not to revoke the person’s licence.

20
Q

What are the elements of Unlawful Carriage OR Possession of a Firearm OR Air gun OR
Pistol OR Restricted Weapon OR Explosive?

A

Except for some lawful proper and sufficient purpose.

Carries OR Is in possession of

Firearm OR Air gun OR Pistol OR Restricted Weapon OR Explosive

21
Q

What are the elements of Carrying an imitation firearm?

A

Except for some lawful proper and sufficient purpose.

Carries

An imitation firearm

22
Q

What are the elements of Discharging firearm OR air gun OR pistol OR restricted weapon in or near a dwelling house OR public place?

A

Without reasonable cause.

Discharges

A firearm OR Air gun OR Pistol OR 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 annoy any person OR so is to frighten any person.

23
Q

What are the elements of Presenting a firearm?

A

Except for some lawful and sufficient purpose.

Presents

Firearm OR Air Gun Or Pistol OR Restricted Weapon.

At any other person.

24
Q

What are the elements of presenting 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 is it a firearm OR Air Gun OR Pistol OR Restricted Weapon.

25
Q

Whats the definition of possession under section 66?

A

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.

26
Q

What’s the definition of carrying?

A

Carrying means the person actually has the firearm on or about them. It includes conveying or bearing. It has a narrower meaning than possession.

27
Q

What’s the definition of Lawful proper and sufficient purpose?

A

The three words of this ingredient need to be considered in relation to the time of the offence. Although a person may be lawfully in possession of a
firearm, they may not have a proper and sufficient purpose to be in possession of it in certain circumstances.

For example, if a farmer who holds a firearms licence carries a shotgun around his farm to shoot rabbits, that is a lawful, proper and sufficient
purpose. However, if he leaves it in his truck and goes into town to visit friends with it, that is not a lawful, proper and sufficient purpose.

Similarly, a person may initially have lawful possession of a firearm but if
they threaten someone with it, that is not a lawful, proper and sufficient purpose and their possession becomes unlawful.

Justins police notes (21 decks)

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