OF 14 Firearms Offences Flashcards
What is the definitions of different weapons?
Arms Act 1983
Sec 2 Arms Act 1983
Firearm:
anything that projectile can be discharged by force of explosive
includes:
anything adapted to fire
on its completion/replacement/repair will fire
anything dismantled (would otherwise be firearm)
Airgun:
weapon by use of gas or compressed air can discharge projectile
Pistol:
Firearm that is designed/been adapted to fire in one hand and is less than 762mm long
Restricted Weapon:
any weapon declared restricted by the Gov gen
molotov cocktails
grenages
Expolsive:
any substance capable of exploding
eg dynamite
What is a MSSA?
Military Style Semi Automatic
needs: folding/telescopic butt bayonet lugs flash suppressor free standing pistol grip magazine holds MORE THAN 15 .22 cartridges or 7 other calibre
Classes of Firearms Licences
Last 10 years
A any conventional firearm B pistols but must be member of club C collectors D dealers E military style
What are age restrictions for licenes
0 - 15yrs
cannot own firearm/airgun but can use under immediate supervision
16 - 17 requires license for firearm and airgun
18+ requires licence for firearm but not airgun
duties of licence holders
- keep licence legible and undamaged
- must produce to police on demand
- if they don’t have it on them must produce at a police station within 7 days
- if change address notify police within 30 days
- report to police, in writing any theft, loss destruction of firearm
- if death or injury results from use of firearm, report circumstances as soon as practicable
What is Sec 40 of Arms Act 1983?
Power to demand particulars
Every person possession of F R A P can demand F A D
40 (1) Power to demand details of anyone in possession of any firearm
40 (2) if person refuses, must caution them and then can arrest
What is sec 18 of Search and Surveillance Act 2012?
if Reasonable Grounds to Suspect; that person carrying arms, or in possession or in control
and
Is in breach of Arms Act 1983 or by reason of physical or mental condition is Incapable of having proper control of arms or by reason of physical/mental condition may kill/cause bodily injury or PO is in force or there are grounds to apply for PO or PSO in place
then you may: search the person search anything in their possession enter P/V to search seize and detain any arms found seize their firearms licence
What is Sec 66 Arms Act 1983?
The occupier of premises, or driver of vehicle is deemed to be in possession of FRAPE unless can prove not their property and that it is possession of some other person
What is sec 45(1) of Arms Act 1983
elements and definitions
Unlawful Carriage or Possession of FRAPE
4 yrs imprisonment/$5000 fine
Except for some lawful, proper and sufficient purpose
- without legal right or justification, or genuine reasonable excuse in the circumstances
Carries - actually has weapon on or about them OR In possession of - in their possession or under their control
FRAPE
What is sec 46(1) of Arms Act 1983
elements and definitions
Unlawful Carrying of Imitation Firearm
2yrs prison/$4000 fine
Except for some lawful proper and sufficient purpose
- without legal right or justification, or genuine reasonable excuse in the circumstances
Carries
- actually has weapon on or about them
An imitation firearm
- anything that has the appearance of being a firearm
What is sec 52(1) of Arms Act 1983
elements and definitions
Presenting a Firearm
3 months prison/$1000 fine
Except for some lawful and sufficient purpose
- without legal right or justification, or genuine reasonable excuse in the circumstances
Presents
- brandishes, deploys or displays in a threatening way
FRAP
At any other person
- must be another person
What is sec 52(2) of Arms Act 1983
elements and definitions
Presenting Anything
3 months prison/$1000 fine
Except for some lawful and sufficient purpose
- without legal right or justification, or genuine reasonable excuse in the circumstances
Presents
- brandishing, deploying or displaying in a threatening way
At any other person
- must be another person
Anything
- anything at all
In the circumstances, is likely to lead that person to believe it is a FRAP
- the circumstances, including the offenders actions and the article presented, makes it likely the other person to believe it is a FRAP
What is sec 48(a) of Arms Act 1983
elements and definitions
Discharging FRAP without Reasonable cause
3 months prison/$3000 fine
Without reasonable cause
- no genuine or reasonable excuse in the circumstances
Discharges
- fires, releases or lets go
FRAP
In or about a dwelling house
OR
In or near a public place
So as to endanger property - to put the property on of another at risk of damage OR So as to endanger any person - to put the person at risk of injury OR so as to annoy any person - so as to distress a person OR So as to frighten any person - so as to scare any person
what is the difference between ‘carries’ and ‘possession’?
Carries
- has firearm on or about them
Possession
- knowledge of firearm, and
- physical control over it
A person who carries is also in possession.
What does - Lawful, proper and sufficient purpose mean?
All three of these must be considered in relation to the offence.
A person can be in lawful possession but may not have proper sufficient purpose in circumstances and so is unlawful
