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355 > OF14 Arms Act 1983 > Flashcards

OF14 Arms Act 1983 Flashcards

1
Q

What is the definition of a firearm?

A

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

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2
Q

Is a firearm that is dismantled and not capable of discharging anything still considered a firearm?

A

Yes.

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3
Q

Name some prohibited firearms.

A

Semi-automatic firearm that is not rim fire with a 10 cartridge magazine or capable of firing 0.22 calibre or below bullets.

semi-auto shotgun with a non-detachable tubular magazine

pump action shotgun capable of being used with a tubular magazine.

fully automatic weapon

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4
Q

What is the definition of an airgun?

A

Anything which is capable of discharging projectiles by the use of gas or compressed air.

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5
Q

What is the definition of an imitation firearm?

A

Anything that has the appearance of a firearm, whether or not it is capable of discharging any shot, bullet, etc.

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6
Q

What is the definition of a pistol?

A

deigned or adapted to be held and fired with one hand and includes any firearm that is less than 762mm in length.

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7
Q

What is the definition of a restricted weapon?

A

Any weapon declared a restricted weapon by the governor general.

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8
Q

What are three restricted weapons?

A

Molotov Cocktail
Grenade
RPG

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9
Q

What is the definition of explosive?

A

Any substance capable of exploding or producing a pyrotechnic effect.

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10
Q

What is the definition of a semi-automatic weapon?

A

A firearm that with every pull of the trigger:
Fires one cartridge and ejects its case
AND
Chambers another cartridge.

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11
Q

What are the licence age rules for airguns and firearms?

A

0-16 cannot own a firearm or airgun, but can use one under the immediate supervision of a licenced person.

17-18 requires a license for a firearm and airgun.

Over 18 does not need a license for an airgun but does require one for a firearm.

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12
Q

What are the 4 licence classes and what are they for?

A

A - Conventional firearms
B - Pistols, must belong to a pistol club
C - Collectors, restricted weapons and use of weapons in theatrical performances
D - Firearms dealers.

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13
Q

How long until a firearms licence needs to be renewed?

A

Every 10 years.

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14
Q

How long until a firearms licence needs to be renewed if a licence has been revoked, surrendered or if the holder has previously never held a licence?

A

Every 5 years.

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15
Q

If a licence holder does not have their licence on them, how long do they have to produce it at a Police station.

A

7 days from date of demand.

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16
Q

If a firearms licence holder changes address, how long do they have to notify Police of the change?

A

30 days.

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17
Q

If death or injury results from use of a firearm, how long does a licence holder have to report the incident to Police?

A

As soon as practicable.

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18
Q

What are the three other duties of a firearms licence holder?

A

Keep the licence legible and undamaged.

Produce it to the Police on demand.

Report to the Police, in writing, the circumstances of any theft, loss or destruction of the firearm.

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19
Q

What section of the Arms Act 1983 advises that the occupier of a premise and driver of a vehicle are deemed to be in possession of a firearm?

A

Section 66

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20
Q

What are two defences of Section 66, Arms Act 1983?

A

Proving that its not your property.

Proving that it was in possession of some other person.

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21
Q

What does Section 66B of the Arms Act 1983 refer to?

A

Demanding the particulars of anyone that is in possession of a firearm.

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22
Q

What particulars can you demand of someone with a firearm under Section 66B?

A

Full name, address, DOB

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23
Q

Can you arrest if someone possessing a firearm refuses to give particulars?

A

Yes.

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24
Q

What must you do before arresting someone in possession of a firearm and refusing to give particulars?

A

You must caution (warn) them first.

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25
Q

What does Section 18 of the SASA 2012 refer to?

A

Warrantless search, detain, seize of person, vehicle, place for arms.

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26
Q

To invoke Section 18 of the SASA 2012 must you have reasonable grounds to believe or suspect?

A

Suspect.

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27
Q

What must you have reasonable grounds to suspect of to invoke Section 18?

A

Breaching an offence in the Arms Act 1983

be the respondent or bound person of a PO or PSO.

Reason by his or her mental and physical condition are

Incapable of having proper control of the arms
OR
May kill or cause bodily harm to any person

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28
Q

What are the elements of unlawful carriage or possession of a firearm etc.

A

Except for some lawful, proper or sufficient purpose

Carries
OR
Is in possession of

Firearm
OR
Airgun
OR
Pistol
OR 
Restricted weapon
OR 
Explosives
OR 
Prohibited magazine
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29
Q

What does “except for some lawful, proper or sufficient purpose” translate to?

A

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

30
Q

Define carries in relation to Arms Act 1983.

A

On or about a person.

31
Q

What are the two elements for possession in relation to the Arms Act 1983?

A

Knowledge of the firearm.

Control of the firearm (can access it at will)

32
Q

What is the case law that convicted a man who was 160km away from the firearm bases on possession?

A

Sullivan v Earl of Caithness 1976

33
Q

What are the elements of Unlawful possession of prohibited firearm?

A

In possession of

A prohibited firearm

Not authorised or permitted to be in possession by the Act.

34
Q

What are the elements of Carrying an imitation firearm?

A

Except for some lawful, proper or sufficient purpose

Carries

An imitation firearm

35
Q

What are the elements of Discharging firearm etc in or near a dwelling house or public place?

A

Without reasonable cause

Discharges

A firearm
OR
Airgun
OR
Pistol
OR
Restricted weapon

In or near a dwelling house
OR
In or near a public place

So as to endanger any person OR property
OR
So as to annoy any person
OR
So as to frighten any person
36
Q

What are the elements of presenting a firearm at another person?

A

Except for some lawful and sufficient purpose

Presents

Firearm
OR
Air gun
OR
Pistol
OR
Restricted weapon

At any other person

37
Q

What does the element of presents refer to in the presenting of a firearm at another person offence?

A

Brandishes, deploys or displays in a threatening way.

38
Q

What are the 5 elements for the offence of presenting anything?

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

in the circumstances, is likely to lead that person to believe that it is a

Firearm
OR
Air gun
OR
Pistol
OR
Restricted weapon
39
Q

<p>What are the three elements of Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR explosive</p>

A

<p>1 Except for some lawful, proper and sufficient purpose</p>

<p>2 Carries OR is in possession of</p>

<p>3 Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR explosives</p>

40
Q

<p>Define except for some lawful, proper and sufficient purpose (carrying + imitation)</p>

A

<p>Without legal right or justification, or genuine reasonable excuse in the circumstances</p>

41
Q

<p>Define Explosives</p>

A

<p>Any substance capable of exploding or producing a pyrotechnic effect</p>

42
Q

<p>Define except for some lawful, proper and sufficient purpose (firearms)</p>

A

<p>Without legal right or justification, or genuine reasonable excuse in the circumstances</p>

43
Q

<p>Define carries (firearm)</p>

A

<p>Actually has the weapon on or about them</p>

44
Q

<p>What are the five elements of Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place</p>

A

<p>1 Without reasonable cause</p>

<p>2 discharges</p>

<p>3 A firearm OR Airgun OR Pistol OR Restricted weapon</p>

<p>4 In or near a dwelling house OR in or near a public place</p>

<p>5 So as to endanger property (to put the property of another at risk of damage)<br></br>OR<br></br>so as to endanger any person (to put the person at risk of injury)<br></br>OR<br></br>So as to annoy any person (so as to distress a person)<br></br>OR<br></br>So as to frighten any person (so as to scare a person)</p>

45
Q

<p>Define without reasonable cause (discharging a firearm etc in or near a dwelling house OR public place)</p>

A

<p>No genuine or reasonable excuse depending on the circumstances</p>

46
Q

<p>Define In or near a dwelling house (discharging)</p>

A

<p>inside or near the vicinity of a residence or place of abode.</p>

47
Q

<p>What are the four elements of Presenting a firearm at any other person</p>

A

<p>1 Except for some lawful and sufficient purpose</p>

<p>2 Presents</p>

<p>3 Firearm<br></br>OR<br></br>Air gun<br></br>OR<br></br>Pistol<br></br>OR<br></br>Restricted weapon<br></br>4. At any other person</p>

48
Q

<p>Define Presents (Presenting)</p>

A

<p>Brandishes, deploys or displays in a threatening way</p>

49
Q

<p>Define ‘At any person’ (presenting a firearm)</p>

A

<p>Must be another person</p>

50
Q

skip

A

skip

51
Q

<p>Define Discharges</p>

A

<p>Fires, or releases or lets go</p>

52
Q

<p>Define so as to frighten any person (discharge)</p>

A

<p>So as to scare a person</p>

53
Q

<p>Define so as to annoy any person</p>

A

<p>So as to distress a person</p>

54
Q

<p>Define so as to endanger any property</p>

A

<p>To put the property of another at risk of damage</p>

55
Q

<p>Define so as to endanger any person</p>

A

<p>To put the person at risk of injury</p>

56
Q

<p>Define Firearm (other than a prohibited firearm)</p>

(presenting a fire arm at other person)

A

<p>Anything from what a shot, bullet or other projectile act be discharged by force of explosive (whether or not the firearm, airgun, pistol or restricted weapon is loaded and capable at the time of the offence of discharging any shot, bullet, missile or other projectile)</p>

57
Q

<p>What are the three elements of Unlawful possession of prohibited firearm?</p>

A

<p>1 In possession of</p>

<p>2 A prohibited firearm</p>

<p>3 Not authorised or permitted to be in possession by the act</p>

58
Q

<p>Define a prohibited firearm</p>

A

<p>As defined in Section 2A of the Arms Act 1983<br></br>
</p>

<p></p>

<p>(B)</p>

<p>a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:</p>

<p>(C)</p>

<p>a small semi-automatic pistol:</p>

<p>a pump-action shotgun that is capable of being used with a detachable magazine:</p>

<p>(iii)</p>

<p>a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:</p>

<p>(iv)</p>

<p>a centrefire pump-action rifle that is capable of being used with a detachable magazine:</p>

<p>(v)</p>

<p>a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) that are capable of holding more than 10 cartridges commensurate with that firearm’s chamber size; and<br></br>
<br></br>
</p>

<p>a semi-automatic firearm—</p>

<p>(a)</p>

<p>that is capable of firing only 0.22 calibre or lower rimfire cartridges; and</p>

<p>(b)</p>

<p>that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and</p>

<p>(c)</p>

<p>that does not have a lower receiver that is able to be attached to a centrefire upper receiver so as to result in a firearm that is able to function.</p>

59
Q

<p>Define an imitation firearm</p>

A

<p>Anything that has the appearance of being a firearm.</p>

60
Q

<p>Define ‘At any other person’ (presenting a firearm)</p>

A

<p>Must be another person</p>

61
Q

<p>What are the five elements for Presenting Anything</p>

A

<p>1 Except for some lawful and sufficient purpose</p>

<p>2 presents</p>

<p>3 at any person</p>

<p>4 anything</p>

<p>5 in the circumstances, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm)</p>

<p>OR<br></br>Air gun<br></br>OR<br></br>Pistol<br></br>OR<br></br>Restricted Weapon</p>

62
Q

skip

A

skip

63
Q

Define ‘ in the circumstances, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm)

A

The offender’s actions and the article presented, makes it likely that the other person believes it is a

64
Q

<p>What are the four elements for Presenting a firearm at other person</p>

A

<p>1 except for some lawful and sufficient purpose<br></br>2 Presents<br></br>3 Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon<br></br>4 At any other person</p>

65
Q

<p>Define Firearm (other than a prohibited firearm)<br></br><br></br>(presenting a firearm at other person)</p>

A

<p>Anything from which a shot, bullet, or other projectile can be discharged by force of explosive<br></br><br></br>(whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile)</p>

66
Q

<p>What are the 5 elements of presenting anything</p>

A

<p>1 Except for some lawful and sufficient purpose<br></br>2 Presents<br></br>3 At any other person<br></br>4 Anything<br></br>5 In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm)</p>

67
Q

<p>What are the 5 elements of presenting anything</p>

A

<p>Except for some lawful and sufficient purpose <br></br><br></br> Presents <br></br><br></br> At any other person <br></br><br></br>Anything <br></br><br></br>In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon <br></br><br></br></p>

68
Q

<p>Define “In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon" (presenting anything)</p>

A

<p>the offender’s actions and the article presented, makes it likely that the other person believes it is a</p>

69
Q

<p>Define “In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon" (presenting anything)</p>

A

<p>the offender’s actions and the article presented, makes it likely that the other person believes it is a</p>

70
Q

What does section 66 Arms act refer to

A

Any person in occupation of any land or building or the driver of any vehicle on which any firearm is found is deemed in possession

355 (38 decks)

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