Offensive Weapons and Firearm Offences Flashcards
Possession of a Weapon
Crimes Act 1961 202A
Possession of a Knife, Offensive Weapon, or Disabling Substance.
Summary Offences Act 1981 13A
Possession of a Knife.
202A (4)(a) vs 202A (4)9b)
4(a) = Possession in Public Place
4(b) = Possession in any Place
Offence: Possession of Offensive Weapons, or Disabling Substances, in Public Place
Without Lawful, or Reasonable Excuse \+ Has possession of \+ In any public place \+ A Knife, An Offensive Weapon, or A Disabling Substance
A Knife
Any edged Cutting Blade
An Offensive Weapon
Any Item, Made, Altered, or Intended for causing bodily injury
Any Disabling Substance
Any substance produced, or intended for the purpose of disabling a person
Offence: Possession of Offensive Weapons, or Disabling Substances
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.
Crimes Act: Possesion of Weapon; Public Vs Any Place.
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
Summary Offences 13A
Public Place \+ Without Reasonable Excuse \+ Has any knife \+ In their possession
Search and Seizure of an Offensive Weapon
Search and Surveillance 27; People and 28; Vehicles and Occupants.
RG2B that -
Any offence against 202A (4)(a) PUBLIC PLACE ONLY
Fire Arm
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
Air Gun
Air Rifle,
Air Pistol,
Weapon which discharges a projectile through the force of compressed gas
Imitation Firearm
Anything that has the appearance of a firearm, but cannot complete the explosive discharge of a projectile
Pistol
Any Firearm that is
LESS THAN 762mm in length
and is,
Designed
Or,
Adapted
to be held and fired one handed
Age of gun ownership
Fire Arm
0-16: Not Allowed
16-18: Licence; Air Gun and Fire Arm
18+: Licence; Fire Arm, Allowed Air Gun
A: Category
Licence to Posses any CONVENTIONAL Firearm.
Does not Include, Pistol, Restricted Weapons, MSSA
B: Category
Licence to Posses any PISTOL, provided they are member of pistol club
C: Category
Licence to COLLECT, restricted weapons for theatrical performace
D: Category
Licenced to DEAL in Firearms
E: Category
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
Length of Licence
and
Death of Holder
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
Death resulting from use of firearm
Circumstances must be reported to police as soon as practicle
Offence: Unlawful Carriage, or Possession of:
Firearm, Airgun, Pistol, Restricted Weapon, Explosive
No lawful, or reasonable excuse, or purpose \+ Carries, or Possess \+ Firearm, Airgun Pistol, Restricted Weapon, Explosive
Possession of Firearms
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.
Liability for Firearm possession,
Person, Vehicle, House
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
Offence: Carrying Imitation Firearm
Without Lawful, Reasonable, Excuse, or Purpose \+ Carries \+ An Imitation Firearm
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
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
Offence: Presenting a Firearm
Without Lawful Excuse, or purpose \+ Presents \+ Firearm Airgun Pistol Restricted Weapon \+ At/To Another Person
Offence: Presenting Anything
Without Lawful Excuse, or Purpose \+ Presents \+ At any other person \+ Anything \+ That could be implied, or believed to be a firearm of any type.
Request of Particulars for Possesion of Firearm
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.
Possesion
Having Physical Contact with, or something that carries, or transports a firearm.
[Holding in Hand, Carrying in Bag, Floor of a Car]