S.52(1) Presenting a firearm Flashcards
1/4 Except for some lawful and sufficient purpose
without legal right or justification or genuine reasonable excuse in the circumstances
2/4 Presents
BRANDISHES, DEPLOYS or DISPLAYS in a threatening way
3/4 Firearm OR
Anything from which a SHOT, BULLET or other PROJECTILE can be DISCHARGED by force of EXPLOSIVE
Airgun OR
Anything which is capable of DISCHARGING PROJECTILES by the USE OF GAS or COMPRESSED air
Pistol OR
Any firearm DESIGNED or ADAPTED to be HELD and FIRES with ONE HAND and includes any firearm UNDER 762mm long
Restricted weapon
Any weapon DECLARED as a RESTRICTED WEAPON by the governor general e.g molotov cocktails
4/4 At any other person
Must be ANOTHER person
These TWO charges MUST go hand in hand.
1) Presenting a firearm
2) Unlawfully carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon
On occasion, firearms are not discharged but…
Merely pointed at people to threaten, scare or otherwise intimidate them. Arrest for PUBLIC SAFETY