Offensive Weapons and Firearm Offences Flashcards

1
Q

Possession of a Weapon

A

Crimes Act 1961 202A
Possession of a Knife, Offensive Weapon, or Disabling Substance.

Summary Offences Act 1981 13A
Possession of a Knife.

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2
Q

202A (4)(a) vs 202A (4)9b)

A

4(a) = Possession in Public Place

4(b) = Possession in any Place

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3
Q

Offence: Possession of Offensive Weapons, or Disabling Substances, in Public Place

A
Without Lawful, or Reasonable Excuse
\+
Has possession of
\+
In any public place
\+
A Knife, An Offensive Weapon, or A Disabling Substance
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4
Q

A Knife

A

Any edged Cutting Blade

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5
Q

An Offensive Weapon

A

Any Item, Made, Altered, or Intended for causing bodily injury

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6
Q

Any Disabling Substance

A

Any substance produced, or intended for the purpose of disabling a person

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7
Q

Offence: Possession of Offensive Weapons, or Disabling Substances

A
Has in Possession
\+
In any Place
\+
An Offensive Weapon,
or
Disabling Substance
\+
In a way, or displaying actions that would imply to any reasonable person that they had some form of intent to use the weapon for bodily injury, including the threat or fear of.
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8
Q

Crimes Act: Possesion of Weapon; Public Vs Any Place.

A

202A (4)(a) Public Place: Any Weapon, including Edge blade knife that is capable of bodily harm

202A (4)(b) Any Place:
Any Offensive Weapon, or Disabling Substance; With actions, or behaviour that would make a reasonable person believe intent to use the weapon for bodily harm

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9
Q

Summary Offences 13A

A
Public Place
\+
Without Reasonable Excuse
\+
Has any knife
\+
In their possession
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10
Q

Search and Seizure of an Offensive Weapon

A

Search and Surveillance 27; People and 28; Vehicles and Occupants.

RG2B that -

Any offence against 202A (4)(a) PUBLIC PLACE ONLY

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11
Q

Fire Arm

A

Discharges a Projectile by force of Explosives.

Includes,

Anything; Adapted, Repaired, Can be assembled to be, or creates enough force to match the velocity/damage of a firearm on discharge

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12
Q

Air Gun

A

Air Rifle,
Air Pistol,
Weapon which discharges a projectile through the force of compressed gas

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13
Q

Imitation Firearm

A

Anything that has the appearance of a firearm, but cannot complete the explosive discharge of a projectile

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14
Q

Pistol

A

Any Firearm that is
LESS THAN 762mm in length

and is,

Designed
Or,

Adapted
to be held and fired one handed

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15
Q

Age of gun ownership

A

Fire Arm
0-16: Not Allowed
16-18: Licence; Air Gun and Fire Arm
18+: Licence; Fire Arm, Allowed Air Gun

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16
Q

A: Category

A

Licence to Posses any CONVENTIONAL Firearm.

Does not Include, Pistol, Restricted Weapons, MSSA

17
Q

B: Category

A

Licence to Posses any PISTOL, provided they are member of pistol club

18
Q

C: Category

A

Licence to COLLECT, restricted weapons for theatrical performace

19
Q

D: Category

A

Licenced to DEAL in Firearms

20
Q

E: Category

A

MILITARY style semi automatic weapon

MSSA,
One or More of:
- Folding, or Telescopic buttstock,
- Free standing Pistol Grip
- Magazine Capable, or appear capable of hold 15+ .223 rounds, or
7+ of other calibre
- Flash Suppressor
- Bayonet Lug
21
Q

Length of Licence
and
Death of Holder

A

Licence must be renewed every 10 years,

If a holder dies, firearms must be surrendered as soon as practical to police, or a licenced dealer

22
Q

Death resulting from use of firearm

A

Circumstances must be reported to police as soon as practicle

23
Q

Offence: Unlawful Carriage, or Possession of:

Firearm,
Airgun,
Pistol,
Restricted Weapon,
Explosive
A
No lawful, or reasonable excuse, or purpose
\+
Carries, or Possess
\+
Firearm,
Airgun
Pistol,
Restricted Weapon,
Explosive
24
Q

Possession of Firearms

A

Having Knowledge of and control of the item is considered to be possession.

A locked up firearm that no one else can access is considered to be in your possession, despite distance from firearm.

25
Q

Liability for Firearm possession,

Person, Vehicle, House

A

Any Person in possession of firearm is liable for prosecution if found in breach of Arms Act

Any person in control of a vehicle, if no proof of other ownership, or carriage, is liable for prosecution if in breach of Arms Act

Any person , who is residing, or tenant, or owner of a dwelling is equally liable to prosecution for breaches of Arms Act if no possession, carriage, or ownership can be established

26
Q

Offence: Carrying Imitation Firearm

A
Without Lawful, Reasonable, Excuse, or Purpose
\+
Carries
\+
An Imitation Firearm
27
Q
Offence: Discharging
Firearm,
Airgun,
Pistol,
Restricted Weapon
In, Or Near a Dwelling, or Public Place
\+
So as to endanger property,
Or
Person,
Or,
Annoy, Frighten any person
A
Without Reasonable Excuse
\+
Discharges
\+
Firearm
Airgun
Pistol
Restricted Weapon
\+
Inside, or Near
Dwelling, or Public Place
\+
Puts Property at risk
\+
Puts person at risk,
or,
Annoys, or frightens person
28
Q

Offence: Presenting a Firearm

A
Without Lawful Excuse, or purpose
\+
Presents
\+
Firearm
Airgun
Pistol
Restricted Weapon
\+
At/To Another Person
29
Q

Offence: Presenting Anything

A
Without Lawful Excuse, or Purpose
\+
Presents
\+
At any other person
\+
Anything
\+
That could be implied, or believed to be a firearm of any type.
30
Q

Request of Particulars for Possesion of Firearm

A

Any person in possession of a Firearm,

must supply on demand,

Full Name,
Address,
Date of Birth

If refusal to comply, warn, then arrest for obstruction.

31
Q

Possesion

A

Having Physical Contact with, or something that carries, or transports a firearm.

[Holding in Hand, Carrying in Bag, Floor of a Car]