OF14: Arms Powers and Offences

Question 1

Section 66B

Answer 1

Power to demand particulars from someone in possession of a firearm

• full name
• address
• date of birth

Question 2

Refusal to give particulars

Answer 2

• caution first!!

- if persists, fails or continues to resist, arrest without warrant

Question 3

SASA Power to search

Answer 3

Section 18

Reportable search

Question 4

SASA Power to stop vehicle

Answer 4

Section 121

Question 5

Unlawful carrying elements

Answer 5

Section 45 (1)(a)

• 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

Question 6

Definition of “Except for some lawful, proper and sufficient purpose”

Answer 6

Without legal right or justification, or genuine reasonable excuse in the circumstanes

Question 7

Definition of “Carries” and “In possession of”

Answer 7

Carries
- actually has weapon on about about them

Possession
- in their possession or under their control

Question 8

Elements of unlawful possession of a prohibited firearm

Answer 8

Section 50A

• in possession of
• a prohibited firearm
• not authorised or permitted to be in possession by the Act

Question 9

Definition of “a prohibited firearm”

Answer 9

As defined by Section 2A of the Arms Act 1983

Question 10

Elements of Unlawful carrying of imitation firearm

Answer 10

Section 46 (1)

• except for some lawful, proper and sufficient purpose
• carries
• an imitation firearm

Question 11

Definition of “an imitation firearm”

Answer 11

Anything that has the appearance of a firearm

Question 12

Elements of discharging firearm without reasonable cause

Answer 12

Section 48a

• 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 property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person

Question 13

Definition of “without reasonable cause”

Answer 13

No genuine or reasonable excuse depending on the circumstances

Question 14

Definition of “Discharges”

Answer 14

Fires, or releases or lets go

Question 15

Definition of “in or near a dwelling house”

Answer 15

Inside or in the near vicinity of a residence or place of abode

Question 16

Definition of endanger, annoy or frighten

Answer 16

Endanger property
- put the property of another at risk of damage

Endanger any person
- put person at risk of injury

Annoy any person
- distress

Frighten any person
- scare

Question 17

Elements of presenting a firearm

Answer 17

Section 52

• except for some lawful and sufficient purpose
• presents
• firearm (other than a prohibited firearm) OR airgun OR pistol OR restricted weapon
• at any other person

Question 18

Definition of “presents”

Answer 18

Brandishes, deploys or displays in a threatening way

Question 19

Elements of presenting anything

Answer 19

Section 52(2)

• except for some lawful and sufficient purpose
• presents
• at any person
• anything
• in the circumstances, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm OR airgun OR pistol OR restricted weapon

Question 20

Definition of “in the circumstances, is likely to lead that person to believe that it is a …

Answer 20

The offenders action’s and the article presented, makes it likely that the other person believes it is a …