Firearms + Weapons Flashcards
Definition of firearm and section?
S 4 Firearms Act 1996
- Gun/other weapon
- is/was capable propelling projectile,
- By means of an explosive
- Includes blank fire firearm or air gun
- Does not include anything regs declare not be a firearm.
S 4 (2)?
Firearm includes anything that would be a firearm except that it is obstructed/has a defect/something is missing
Pistol?
S 4.
Firearm reasonably being capable of being raised and fired with one hand and not exceeding 65cm long.
Use definition?
Fire or hold firearm so as to cause reasonable belief it will be fired, whether capable of firing or not.
Imitation pistol/firearm? Case law?
s4D and ; Commissioner of Police v Howard Silvers & Sons Pty Ltd.
Taken to be a pistol/firearm.
Possession?
S4. Includes KNOWINGLY - Having custody, or - Having in custody of another, or - Having firearm in any premises, place, vehicle, vessel etc
Firearm parts possession?
If being possess or carried by 2+ persons, each is taken to be possessing or carrying the firearm. S4 (3)
Proving possession under Firearms Act?
Firearm taken to be in possession as long as in or on premises owned, leased, occupied by, in care, control or management of, person UNLESS,
- Firearm placed in, on premises by or on behalf of person lawfully authorised to possession, or
- Did not know, could not reasonably be expected to know firearm was there, or
- On evidence, person not in possession of firearm.
S 7 FA?
Unauthorised possession or use of prohibited firearm.
S 7A FA?
Unauthorised use or possession of firearm. (S6 exempts Police/security from certain requirements)
S 7 (3) FA?
Alternate verdict. If found not guilty of S 7, can be found guiilty of S 7A offence.
In possession but not knowing was firearm case law?
R v Hussain. Found guilty of possession despite not knowing what it was.
S82 FA?
Parents are liable if person under 18 contravens FA regs if parent knowingly permitted/authorised.
S84 FA?
Proceedings for offences, lays out whether Summary, T1 or 2, Strictly Inictable.
S 85 FA?
2 years to commence proceedings for maters to be dealt with summarily - from time of offence.
S 87 FA?
Certificate of evidence, prima facie, whether license holder, conditions, prohibition order in place, firearm registered, who to, known addresses etc.
S80 (1) Fa?
Forefiture firearms
Court can order forfeiture.
S 80 (2) FA?
If person found guilty of an offence under Part 4, and firearm seized by Police Officer, Firearm is forfeited to rown. Firearm may be destroyed.
Does s10 count as finding of guilt? Case Law.
Norton v O’Connor & Anor.
S10 is finding of guilt and magistrate has no discretion re ordering forfeiture.
Case Law re S 80 (2) FA?
Police v Eykamp & Anor
Once finding guilt court has no discretion to make alternate orders in disposal of said firearm.
Prohibited weapon definition?
S 4, Weapons prohibition act 1998
Anything described in Schedule 1
Is it still a prohibited weapon if something is missing, has a defect or obstruction? Section?
Yes S 4(2) (a)
Possession for weapons prohibition Act?
Includes knowingly;
a) has custody of the weapon
b) Has weapon in custody of another person
c) Has weapon in any premises, place, vechile, vessel, whether or not belonging to or occupied by the person.
Possession of parts wpa?
If prohibited weapon parts are possessed or being carried by 2+ persons, each is taken to be possessing or carrying the weapon
S7 WPA?
Unauthorised possession or use of PW.
What does use include, wpa?
Causing reasonable belief weapon will be used.
S45 WPA?
Parents liable if under 18 yo contravenes act or regs if knowingly authorised/permitted
S44 wpa?
2 years to commence proceedings dealt with summarily. From time of offence
S48 wpa?
Certificate of evidence same as Firearms Act. Prima Facie.
