OF14 Firearms Offences Flashcards
What is considered a pistol?
- 762mm or shorter
- Designed or adapted for one hand use
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 that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive
- anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which by its completion or the replacement of any component parts or the correction or repair of any defects would be a firearm
- anything (otherwise being a firearm) which is for the time being dismantled or partially dismantled
- any especially dangerous air gun.
What is the definition of an ‘imitation firearm’?
Anything that has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet, etc.
What is the definition of ‘restricted weapon’
Any weapons declared a restricted weapon by the Governor-General including:
Molotov cocktails, grenades, rocket launchers
Are owner’s or firearms licensed?
Owners
What ages can you own a firearm vs an airgun?
- < 16 years: Cannot own, but can use under immediate supervision of a licenced holder
- 16 - 18 years: Requires licence for both firearm and airgun
- > 18 years: Requires licence for firearm but no licence for an airgun
What are the licence categories?
A - Full licence for the possession and use of conventional firearms (not pistols or restricted weapons)
B - Pistols, providing the owner is a member of a pistol club
C - Collections, restricted weapons and use of weapons in theatrical performances
D - Firearms dealers
How can someone 16-18 years old get a firearms licence?
When parental permission is obtained.
What are duties of licence holders?
- Keep their licence legible and undamaged
- Produce it to the police on demand, just like a driver licence
- If they do not have the licence with them, produce it at a police station within 7 days of the demand
- If they change their address, notify the police within 30 days
- Report to the 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 the circumstances to the police as soon as practicable
- Licences need to be renewed every 10 years unless revoked, surrendered or previously have not held a firearms licence. In these cases they must be renewed every 5 years
Section 66B, Arms Act 1983
Gives the power to demand particulars of anyone in possession of a firearm.
Must give - full name, address, date of birth
What happens if someone refuses under s66B, Arms Act 1983?
a) Caution (warn) the person
b) If the person persists in such refusal or fails or continues to fail to give the correct particulars, arrest the person without a warrant
Section 18, Search and Surveillance Act 2012
Power to search and seize for firearms.
What are the elements of ‘Unlawful (carriage OR possession) of a (firearm OR pistol OR airgun)’
What is the relevant definition of a ‘firearm’ to meet the criteria in an offence analysis scenario?
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
If a person has lawful possession of a firearm, can they still not be carrying it for proper and sufficient purposes?
Yes, and in this case they’d still be liable under ‘Unlawful carriage OR possession of a firearm OR pistol OR airgun’
Carries vs possession
Carries - conveying or bearing
Possession - knowledge of the firearm AND physical control over it
If someone keeps their firearm at a friend’s house who would give it back to them if requested, do they have ‘possession’ of it?
Yes - they have knowledge of it’s wherabouts and physical control over it as if they went back they’d be able to retrieve it.
What are the elements of ‘Unlawful possession of prohibited firearm’
Section 66, Arms Act 1983
Occupiers of land and drivers of vehicles
Any owner of land or a building (or driver a vehicle) where there is a firearm, airgun, pistol etc. is found is deemed to be in possession of that thing, UNLESS they can prove it was not their property and that it was in the possession of another person.
What are the elements of ‘Carrying an imitation firearm’
What are the elements of ‘Discharging a (firearm OR pistol OR airgun) in or near a (dwelling house OR public place)’
Is shooting a dangerous dog a reasonable excuse for discharging a firearm in or near a dwellinghouse (or public place)?
Yes, this is self-defence and would be considered reasonable.
The elements of ‘Discharges a firearm in or near a dwelling house’ would not be met.
What are the elements of ‘Presenting a firearm at other person’
What are the elements of ‘Presenting anything’
Is merely pointing a firearm at someone an offence?
Yes, discharge is not necessary and this would be an offence under ‘Presenting a firearm at other person’
Where can you find the definition of ‘public place’ in legislation to support an element of an offence?
Section 2, Summary Offences Act 1981
