OF14 Firearms Flashcards
What is the definition of a Firearm?
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.
And includes anything
- adapted to discharge
- not for the time capable of discharging but with completion or replacement of any components or the correction or repair of any defects, would be a firearm
- any firearm dismantled or in parts
- any especially dangerous airgun
What is the definition of a prohibited firearm?
• A semi-automatic firearm (except a pistol) other than
- a semi capable of firing only .22 calibre or lower cartridges and that has a magazine holding no more than 10 cartridges.
- a semi shotgun with a non-detachable magazine or holding no more than 5 cartridges.
• a pump action shotgun capable of being used with detachable magazine
• a pump action shotgun that has a non-detachable mag or a mag holding more than 5 rounds.
• including any other firearm and under S74A
What is the definition of a prohibited part?
- A part of a prohibited firearm
- A component that can be applied to enable a firearm to be fired with, or near to a semi-automatic or automatic action.
What is the definition of prohibited magazine?
• shotgun - whether detachable or not, capable of holding more than 5 cartridges
• any other firearm (except a pistol) means any detachable magazine
- capable of holding more than 10 0.22 or lower cartridges
- capable of holding more than 10 cartridges and being used with a semi automatic or fully automatic firearm
- any other mag capable of holding more than 10 cartridges
- any other mag under S74A AA1983
What is the definition of Explosive?
- any substance capable of exploding or producing a pyrotechnic effect e.g dynamite, TNT, marine distress flares
What is the definition of Semi-Automatic?
• means a firearm if loaded each pull of the trigger
- fires a cartridge and ejects each case and
- chambers another cartridge
How long is a firearms licence valid for?
A firearms licence must be renewed every 10 years
What age do you need to be for firearms licences and to own an airgun?
- 0-16 Cannot own a firearm or airgun but can use one under immediate supervision of a licence holder.
- 16-18 Requires a licence for both a firearm and an airgun. Parental permission.
- 18+ Requires a licence for a firearm but not an air gun.
What are the categories for firearms licences?
A - Full licence (A for all) convetional firearms.
B - Pistols, must be a member of a pistol club (Bistols).
C - Collectors, restricted weapons, and use of weapons in theatrical performaces.
D - Firearms Dealers
16-18 parental permission required to apply for firearms licence.
- application lodged with Police
- firearms test
- inquiries into applicants suitability
- licence issued
What are the duties of a firearms licence holder?
- keep the licence legible and undamaged
- produce to police on demand
- if without licence, produce to police station within 7 days of the demand
- change of address, notify police within 30 days
- report to police in writing, the circumstances of any theft, loss or destruction of the firearm
- if death or injury results from the use of the firearm, report circumstances to the police asap
- licences renewal every 10 years unless revoked or suspended, in these cases, remewed every 5 years
If found without licence, how long do you have produce it to Police?
7 days from the demand
How long do you have to notify police of a change of address for a firearms licence holder?
30 days
What power does S66B AA1983 give you?
The power to demand the particulars of anyone in possession of a firearm.
Every person in possession of any
- firearm, airgun, pistol, prohibited magazine, prohibted part, or restricted weapon.
Shall, on demand, give their :
• full name
• address
• date of birth
to any member of the police who is in uniform or who produces evidence.
What particulars do people have to give under S66B AA1983?
- Name
- Address
- Date of birth
What happens if somebody refuses to give particulars under S66B AA1983?
Refuses or false particulars
a) caution (warn) the person; and
b) if the person persists in such refusal or fails to give correct particulars, arrest the person without warrant
MUST BE WARNED BEFORE ARREST ABOUT THE CONSEQUENCES
Penalty - 3months/$1000
What is your power to search for arms?
S18 SaSA
Must comply with S125/131/169
RGTSuspect firearm
- search any person
- thing in their possession
- enter any place
- seize and detain any arms found
- seize and detain any AA1983 licence
What do you do when revoking a firearms licence?
If you suspect on reasonable grounds, that a licence holder is not a fit and proper person to be in possession of a firearm, you should present the facts to your Arms Officer for submission to the appropriate commissioned officer. A decision will be made whether or not to revoke the persons licence.
Elements of Unlawful Carriage OR Possession of a firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosive? S45 AA1983
- Except for some lawful, proper and sufficient purpose
- Carries
OR
Is in possesison of - Firearm
OR
Airgun
OR
Pistol
OR
Prohibited Magazine
OR
Restricted Weapon
OR
Explosives
What is the definition of ‘Except for some lawful, proper, and sufficient purpose? Arms Act
Without legal right or justification, or genuine reasonable excuse in the circumstances
What is the definition of ‘Carries’? Arms Act
Actually has the weapon on or about him or her
Includes conveying or bearing
What is the definition of ‘Is in possession of’? Arms Act
In their possession or under their control
The possessor has
- knowledge of the firearm
- physical control over it
Offence definition of firearm?
Anything from which a shot, bullet or other projectile can be discharged by force of explosive
Offence definition of airgun?
Anything which is capable of discharging projectiles by the use of gas or compressed air
Offence definition of pistol?
Anything designed ir adapted to be held and fired with one hand and any firearm under 762mm long
Offence definition of prohibited magazine?
As defined in S2B AA
Offence definition of restricted weapon?
Any weapon declared restricted by the Governor General
Offence definition of Explosives?
Any substance capable of exploding or producing a pyrotechnic effect
Elements of Unlawful Possession of Prohibited Firearm? S50A AA
- In possession of
- A prohibited firearm
- Not authorised or permitted to be in possession by the Act
What is S66 AA1983?
Person in occupation of land, building, vehicle on which any firearm etc is found, is deemed to be in possession of that thing, unless they prove it was not their property and that it was in the possession of some other person.
Elements of Carrying an Imitation Firearm? S49 AA
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Elements of Discharging firearm OR airgun OR pistol OR restricted weapon In or near a dwelling house OR public place? S48 AA
- 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
Elements of Presenting a firearm at other person? S52(1) AA
- 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
Elements of Presenting Anything? S52(2) AA
- Except for some lawful and sufficient purpose
- Presents
- At any other person
- Anything
- In the circumstances, is likely to lead that other person to believe that it is a firearm (other than a prohibited firearm)
OR
Airgun
OR
Pistol
OR
Restricted weapon
Offence definition of ‘presents’? Arms Act
Brandishes, deploys or displays in a threatening way
