Firearms & Prohibited Weapon

Question 1

S.4 of the Firearms Act defines a firearm as what?

Answer 1

A gun, capable of propelling a projectile, by means of an explosive, includes blanks or air gun, does not include anything the regs declare not to be.

Question 2

If a firearm is missing a part or is obstructed is it still considered to be a firearm?

Answer 2

Yes s.4 definition still allows for it.

Question 3

What is the definition of a pistol?

Answer 3

A firearm reasonably capable of being raised and fired with one hand and not exceeding 65cm in length.

Question 4

What is the definition of ‘use’ in the Firearms Act 1996?

Answer 4

Fire, or hold firearm to cause reasonable belief it will be fired, whether capable of firing or not.

Question 5

What is the definition of Imitation firearm under S. 4D?

Answer 5

Are taken to be as they are intended to be an imitation of. Substantially duplicates the appearance of a firearm. Does not include anything produced or is a child’s toy.

Question 6

What is the definition of possession?

Answer 6

Includes knowingly having custody, or custody or another, or a firearm in any premises.

Question 7

What does the definition of possession on premises include?

Answer 7

Premises includes, vehicle vessel or aircraft.

Question 8

S. 4A says what is taken to be possession what does it define?

Answer 8

Taken to be in possession if the premises is owned, leased, occupied, in care, control or management.
Unless person not reasonably expected to know of the existence of the firearm.

Question 9

What is the section for possess/use pistol or prohibited firearm?

Answer 9

S.7 Firearms Act 1996.

Question 10

What is the section for possess/use firearm?

Answer 10

S.7A Firearms Act 1996.

Question 11

What does R v Hussain say about knowledge of the object being a firearm?

Answer 11

Court held person guilty of possession although he said he did not know what he had was a firearm.

Question 12

What does S.82 of Firearms Act say about permitting children?

Answer 12

Parents are liable if person under 18 years of age contravenes the Act or Regs and they knowingly permit it.

Question 13

What does section 84 outline about jurisdiction?

Answer 13

It outlines which offences are to be dealt with summarily, on election or by indictment only.

Question 14

What is the statute of limitation on a Firearms Act offence in the Local Court?

Answer 14

2 years.

Question 15

Section 87 allowed for licencing records to be provided as prima facie evidence?

Answer 15

True.

Question 16

What did Norton v O’connor say about forfeiture?

Answer 16

Magistrate had no discretion reordering forfeiture. S.10 counts as finding of guilt.

Question 17

NSW Commisioner of Police v Eykamp & Anor says what about disposal of firearms after finding of guilt?

Answer 17

Once there has been a finding of guilt the court has no discretion to make alternate orders in the disposal of the said firearms.

Question 18

What is the definition of prohibited weapon?

Answer 18

Anything listed in schedule 1. Any prohibited weapon that is missing a part is still a prohibited weapon

Question 19

What is the definition of Possession in the Weapons Prohibition Act?

Answer 19

Having Custody of, or
Having custody or another, or
having in any premises.

Question 20

What is the determination of possession within a premises for a prohibited weapon?

Answer 20

A person in or on premises vehicle, vessel or aircraft where there is a prohibited weapon is regarded as possessing the weapon unless the person proves otherwies.

Question 21

Can a person be convicted of possessing a prohibited weapon or firearm if multiple people carry different pieces?

Answer 21

Yes.

Question 22

S.7 of the Weapons Prohibition Act 1988 set out the offence regarding possession and what?

Answer 22

Unauthorized possession of a prohibited weapon, or using which includes reasonable belief, also offence to use for purpose other then the one it authorized to use.

Question 23

What is the Statue of limitation on weapons prohibition Act offences?

Answer 23

Generally most are 2 years, but S.43 outlines which offences are to be dealt with on indictment.

Question 24

Are parents liable for permitting child to contravene the Act?

Answer 24

Yes, s.45 says so.

Question 25

Are there prima facie evidence certificates for prohibited weapons?

Answer 25

Yes, s.48.