OF14 - ARMS ACT 1983 Flashcards
What is a firearm
Anything from which a shot, bullet, missile or other projectile can be discharged BY FORCE OF EXPLOSIVE.
Includes: anything that might be dismantled, partially dismantled, components of firearms
Airgun
Air rifle, pistol, anything which is capable of discharging shot, bullets etc by USE OF GAS OR COMPRESSED AIR
Imitation firearm
APPEARANCE or being a firearm WHETHER OR NOT IT IS CAPABLE of DISCHARGING any shot etc
Pistol
Under 762mm and designed or adapted to be held and fired with on hand even inclds sawn off shotgun
Restricted weapon
Declared as a restricted weapon by the Governor General eg Molotov cocktails, grenades, rocket launchers
Explosives
Any substance capable of EXPLODING OR PRODUCING A PYROTECHNIC EFFECT eg dynamite, TNT, marine distress flares
Semi automatic
A firearm that if loaded with each pill of the trigger
- fires a cartridge and ejects it’s case AND
- chambers another cartridge (if not empty)
Classes of Firearms
A = full licence - conventional firearms (not pistols or restricted weapons)
B = pistols - belong to a pistol club
C = collectors, restricted, weapons and theatrical use
D = dealers in firearms
Duties of licence holders
- it must be kept legible and undamaged
- it MUST be produced on demand - OR - at a police station within 7 days
- COA within 30 days
- circumstances of theft, loss, or destruction of firearm must be reported in writing to the police.
- any death or injury by a firearm MUST be reported as soon as practicable
- Licence renewal every 10 years unless revoked/surrendered/new then 5 years.
ARMS ACT 1983 powers
SECTION 66
Presumes you are in possession unless you can prove that the f/a is not yours and is in possession of someone else
SECTION 66B
Power to DEMAND PARTICULARS without warrant. Refuse>Warn/Caution>Arrest
Firearm licence
Age 0-15 = cannot own a firearm or airgun but can use one under supervision
Age 16-18 = requires f/a licence for both f/a and airgun
Age 18+ = requires licence for f/a but not airgun
3 ELEMENTS OF UNLAWFUL CARRIAGE OR POSSESSION
- EXCEPT FOR SOME LAWFUL, PROPER AND SUFFICIENT PURPOSE
without legal right or justification/genuine reasonable excuse - CARRIES OR IS IN POSSESSION OF
3. FIREARM OR AIRGUN OR PISTOL OR PROHIBITED MAGAZINE OR RESTRICTED WEAPON OR EXPLOSIVES
3 ELEMENTS CARRYING AN IMITATION FIREARM
- EXCEPT FOR SOME LAWFUL, PROPER AND SUFFICIENT PURPOSE
- CARRIES
- AN IMITATION FIREARM
5 ELEMENTS DISCHARGING FIREARM IN or NEAR DWELLINGHOUSE OR PP
- WITHOUT REASONABLE CAUSE
no genuine or reasonable excuse depending on the circumstances - DISCHARGES
fires or releases or let’s go - A FIREARM OR
AIRGUN OR
PISTOL OR
RESTRICTED WEAPON - IN or NEAR A DWELLING HOUSE OR
IN or NEAR A PUBLIC PLACE
5. SO AS TO ENDANGER PROPERTY OR SO AS TO ENDANGER ANY PERSON OR SO AS TO ANNOY ANY PERSON OR SO AS TO FRIGHTEN ANY PERSON risk or damage risk or injury distress a person scare a person
4 ELEMENTS OF PRESENTING A FIREARM AT OTHER PERSON
- EXCEPT FOR SOME LAWFUL SUFFICIENT PURPOSE
- PRESENTS
- FIREARM (OTHER THAN A PROHIBITED FIREARM) OR
AIRGUN OR
PISTOL OR
RESTRICTED WEAPON - AY ANY OTHER PERSON
