Firearms Offences Pt 2

Question 1

Commission of an Imprisonable Offence with firearm

Answer 1

Section 198B
Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 10 years who,—
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 2

Has with him meaning

Answer 2

They must knowingly have the firearm with
them – mere possession is insufficient.

“Had it with them, knew it was there”

Note: More than one person can be charged for the same gun if they had a degree of control of it

Question 3

Military style semi-automatic firearm means—
a firearm (other than a pistol) that is—

Answer 3

Semi Automatic and has 1 or more of the following:
-Folding or telescopic butt

• .22 Calibre Magazine that is
  a) capable of holding more than 15 rounds, or,
  b) is detachable and appears as though it can hold more than 15 rounds
• Any other caliber of magazine that is
  a) capable of holding more than 7 rounds, or,
  b) is detachable and appears as though it can hold more than 10 rounds
• Bayonet lugs
• Flash suppressor
• Pistol grip
• Defined or described as an MSSA by the Arms Act

Question 4

Pistol means

Answer 4

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

Question 5

Restricted weapon Means

Answer 5

Any weapon, whether a firearm or not, declared by the
Governor-General, by Order in Council made under section 4 of this Act, to be a restricted
weapon.

Question 6

Restricted Weapons Include

Answer 6

1) Anti Tank Projectors and ammunition
2) Grenades and grenade launchers
3) Molotov Cocktails (Flammable liquid and means of ignition such as wick, fuse explosives)
4) Machine carbine guns and machine pistols
5) Mines of an explosive nature
6) Mortars and ammunition
7) Rocket launchers and ammunition
8) Every firearm, weapon and device designed to discharge gas, smoke etc.
9) Any gas, substance that is designed or adapted to be discharged from a weapon mentioned in (8)

Question 7

Specified precharged pneumatic air rifles meaning

Answer 7

pre-charged pneumatic air rifles that are not for use in airsoft or paintball sports.

Question 8

Occupier or driver deemed to be in possession

Answer 8

Section 66, Arms Act 1983
Occupier of premises or driver of vehicle deemed to be in possession of firearms, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein, unless he proves that it was not his property and that it was in the possession of some other person.