OF14 Arms Flashcards
Pistol
Held or fired in 1 hand - less than 762mm
Firearm
Anything from which a shot, bullet, missile or other projectile can be discharged with force of explosion
- Anything adapted to do so
- Anything dismantled that could form a firearm
- Dangerous airgun
Restrictive weapons
- Molotov cocktails
- Grenades
- Rocket launchers
Firearm licenses
A - Full
B - Pistol is owner is member of pistol club
C - Collections ie theatrical performances
D - Dealers of firearms
Firearm license age
16 year - license for firearm and airgun
18 Years - license for firearm NOT airgun
Search powers
Section 40, Arms Act 1983 - Warrantless power to demand details/particulars
Section 18, S&S Act 2012 - Warrantless power to search and seize arms
What can you do under Section 40, Arms Act 1983
- Demand details from anyone in possession of a firearm, pistol, prohibited magazine/part or restricted weapon
- Must provide
- Name, Address and DOB
If refuse to give details under section 40?
CAUTION
if persist.. arrest without warrant
List 7 offences under the Arms Act 1983
- Section 45 - Unlawfully carrying or possession of firearm
- Section 50A - Unlawful possession of prohibited firearm
- Section 50D - Unlawful carrying or possessing prohibited firearm in PP
- Section 46 - Carrying an imitation firearmPP
- Section 48 - Discharging firearm in or near a dwelling house OR in or near a public place
- Section 52 (1) - Presenting a firearm
- Section 52 (2) - Presenting anything
Section 45 - Unlawfully carrying
ELEMENTS
- Except for some lawful, proper and sufficient purpose
- Carries
OR
Is in possession of - Firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosives
Define: Except for some lawful, proper and sufficient purpose
Without legal right or justification, or genuine excuse in the circumstances
Section 50A - Unlawful possession of prohibited firearm
ELEMENTS
- In possession of
- A prohibited firearm
- Not authorised or permitted to be in possession by the act
Section 50D - Unlawful carrying or possession of prohibited firearm in public place
ELEMENTS
- Without lawful purpose
- Carries
OR
In possession of - A prohibited firearm
- In a public place
Section 46 (1) - Unlawful carrying of an imitation firearm ELEMENTS
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Section 48 - Discharging firearm without reasonable cause
ELEMENTS
- Without reasonable cause
- Discharges
- A firearm OR airgun OR pistol OR restricted weapon
- In or near a dwelling
OR
In or near a public place - So as to endanger property OR person
Or so as to annoy OR frighten any person