Firerarms Act Flashcards
What is a firearm?
A device designed to fire bullets, shot or other projectiles by means of blurbing propellant or compressed air or gas
OR
A device of a kind declared by regulations to be a gel blaster
Who is NOT a fit a proper person?
- person prohibited from possessing or using firearm by a court order anywhere in the Commonwealth
- FPO applies to the person or similar order from anywhere in the Commonwealth
- physical or mental illness that makes it unsafe for them to possess a firearm or ammunition
- other circumstances exist which make possession unsafe
- failed to comply with requirement under the act for safe storage/use/transport etc
- found guilty of offence under the act
- guilty of an offence involving actual or threatened violence anywhere in the world
- subject of any IO
How is a fit and proper person determined?
- reputation, honesty, integrity of person and close associates
- risk of firearm being used for an unlawful purpose
- risk of person using firearm to harm self
- risk person will cause injury or harm to another using/threatening to use a firearm
- risks of person failing to exercise continuous responsible control over firearm
- intention or sought to acquire a firearm for an unlawful purpose
What are the effects of an FPO?
- suspension of licence/permit
- cannot acquire, possess, use a firearm, firearm part, sound moderator or ammunition
- surrender all firearms, parts, sound moderators and ammunition
- cannot attend a firearms club or paint ball range or commercial ranges, shooting gallery, arms fair, a place of manufacture or refurbishment
- not become a member of a firearms club
- not be in the company of a person who has physical possession or control
What can a police officer request in relation to a person subject to an FPO?
- state full name, address and DOB
- state full names of persons with whom they reside
What power to police have to require information?
A police officer who reasonably suspects a person has knowledge of matters reasonably required for the administration and enforcement of the act can require a person to answer questions RE those matters, state full details and products evidence of identity
What information can be requested of a person to whom 55(1) applies?
- full personal particulars, who the owner of the firearm/related items is, answer questions relating to who has had possession of the item
- to the owner, answer qus relating to the whereabouts of a firearm or persons who’ve had possession off it
What powers to police officers have RE the production of a licence and other?
A person who has possession of a firearm must at the request of a PO:
- produce the licence authorising possession and certificate of registration (or within 48 hrs at police station)
- produce the firearm for inspection ( or within in 48 hours at a police station)
What are the requirements of a firearm owner in relation to inspection?
Owner must at the request of a police officer produce the firearm for inspection at a specified place and time or within specified period.
When can a PO seize a firearm?
Suspects on reasonable grounds:
- firearm is unregistered
- Offence under the act has been committed with respect to the firearm
- firearm has been forfeited to the crown by court order
- not a fit and proper person
- continued possession would result in undue danger to life or property
- mechanically unsafe
- possession is in contravention of court order or IO
- firearm is particular dangerous by reason of design, can easily be converted to automatic, by reason of size or other factor easily concealed/suited to an unlawful use
What is the police authority to seize firearms?
A PO who reasonably suspects a person has possession of a firearm, firearm part, sound moderator, prohibited firearm accessory or restricted firearm mechanism in contravention of the act, may seize that item.
What is the authority to seize ammunition?
If a PO reasonably suspects a person has possession of ammunition which has been acquired or held in contravention of their act it may be seized.
What is the authority to seize a licence?
A PO who reasonably suspects a person:
- has possession of a license authorising possession of a firearm which has been seized,
- has possession of a license in contravention of a court ofer
- has possession of a licence in contravention of the IO Act
- Possession of a licence that has been cancelled/siuspended
- has possession of licence for an unlawful purpose
- not fit or proper person
May require the surrender of that licence immediately
What is the search authority?
A PO may stop, search and detail any:
- V/V/A on which the officer suspects there is a firearm or ammunition, firearm parts,m sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under the section
- person the officer suspects has possession of a firearm or ammunition, firearm parts,m sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under the section
What is the authority to enter and search any premises>
PO may enter and search any premises in which the officer suspects
- there is a firearm or ammunition, firearm part, sound moderator, prohibit firearm accessory, restricted firearm mechanism or licence liable to seizure
- firearm has not been kept safely and securely in accordance with requirements of the act
