OF14 Arms Flashcards

1
Q

Pistol

A

Held or fired in 1 hand - less than 762mm

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2
Q

Firearm

A

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
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3
Q

Restrictive weapons

A
  • Molotov cocktails
  • Grenades
  • Rocket launchers
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4
Q

Firearm licenses

A

A - Full
B - Pistol is owner is member of pistol club
C - Collections ie theatrical performances
D - Dealers of firearms

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5
Q

Firearm license age

A

16 year - license for firearm and airgun

18 Years - license for firearm NOT airgun

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6
Q

Search powers

A

Section 40, Arms Act 1983 - Warrantless power to demand details/particulars

Section 18, S&S Act 2012 - Warrantless power to search and seize arms

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7
Q

What can you do under Section 40, Arms Act 1983

A
  • Demand details from anyone in possession of a firearm, pistol, prohibited magazine/part or restricted weapon
  • Must provide
    - Name, Address and DOB
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8
Q

If refuse to give details under section 40?

A

CAUTION

if persist.. arrest without warrant

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9
Q

List 7 offences under the Arms Act 1983

A
  1. Section 45 - Unlawfully carrying or possession of firearm
  2. Section 50A - Unlawful possession of prohibited firearm
  3. Section 50D - Unlawful carrying or possessing prohibited firearm in PP
  4. Section 46 - Carrying an imitation firearmPP
  5. Section 48 - Discharging firearm in or near a dwelling house OR in or near a public place
  6. Section 52 (1) - Presenting a firearm
  7. Section 52 (2) - Presenting anything
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10
Q

Section 45 - Unlawfully carrying

ELEMENTS

A
  1. Except for some lawful, proper and sufficient purpose
  2. Carries
    OR
    Is in possession of
  3. Firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosives
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11
Q

Define: Except for some lawful, proper and sufficient purpose

A

Without legal right or justification, or genuine excuse in the circumstances

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12
Q

Section 50A - Unlawful possession of prohibited firearm

ELEMENTS

A
  1. In possession of
  2. A prohibited firearm
  3. Not authorised or permitted to be in possession by the act
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13
Q

Section 50D - Unlawful carrying or possession of prohibited firearm in public place
ELEMENTS

A
  1. Without lawful purpose
  2. Carries
    OR
    In possession of
  3. A prohibited firearm
  4. In a public place
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14
Q
Section 46 (1) - Unlawful carrying of an imitation firearm
ELEMENTS
A
  1. Except for some lawful, proper and sufficient purpose
  2. Carries
  3. An imitation firearm
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15
Q

Section 48 - Discharging firearm without reasonable cause

ELEMENTS

A
  1. Without reasonable cause
  2. Discharges
  3. A firearm OR airgun OR pistol OR restricted weapon
  4. In or near a dwelling
    OR
    In or near a public place
  5. So as to endanger property OR person
    Or so as to annoy OR frighten any person
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16
Q
Section 52 (1) - Presenting a firearm
ELEMENTS
A
  1. Except for some lawful and sufficient purpose
  2. Presents
  3. Firearm OR airgun OR Pistol OR restricted weapon
  4. At any other person
17
Q
Section 52 (2) - Presenting anything
ELEMENTS
A
  1. Except for some lawful or sufficient purpose
  2. Presents
  3. Anything
  4. In the circumstances, is likely to lead that person to believe it is a firearm OR airgun OR pistol OR restricted weapon
18
Q

Define “presents”

A

Brandishes, deploys, or displays in threatening way