Serious assaults - Firearms key definitions

Question 1

Firearm

Answer 1

Section 2, Arms act 1983

Firearm-

(a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) includes—
(i) anything that has been adapted and
(ii) anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defect would be a firearm
(iii) anything dismantled or partially dismantled; and
(iv) any specially dangerous airgun

Question 2

explosive

Answer 2

means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

Question 3

airgun

Answer 3

airgun includes—
(a) 
any air rifle; and
(b)
any air pistol; and
(c)
any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

Question 4

pistol

Answer 4

means any firearm that is designed or adapted to be held and fired with 1 hand; and includes any firearm that is less than 762 millimetres in length

Question 5

restricted weapon

Answer 5

means any weapon, whether a firearm or not, declared by the Governor-General, by Order in Council made under section 4, to be a restricted weapon

Question 6

MSSA

Answer 6

(a)
a semi-automatic firearm having 1 or more of the following features:
(i)
a folding or telescopic butt:
(ii)
a magazine designed to hold 0.22-inch rimfire cartridges that—
(A)
is capable of holding more than 15 cartridges; or
(B)
is detachable, and by its appearance indicates that it is capable of holding more than 15 cartridges:
(iii)
a magazine (other than one designed to hold 0.22-inch rimfire cartridges) that—
(A)
is capable of holding more than 7 cartridges; or
(B)
is detachable, and by its appearance indicates that it is capable of holding more than 10 cartridges:
(iv)
bayonet lugs:
(v)
a flash suppressor:
(vi)
a component of a kind defined or described by an order under section 74A as a pistol grip for the purposes of this definition; or
(b)
a semi-automatic firearm of a make and model declared by an order under section 74A to be a military style semi-automatic firearm for the purposes of this Act; or
(c)
a semi-automatic firearm of a description declared by an order under section 74A to be a military style semi-automatic firearm for the purposes of this Act; or
(d)
a semi-automatic firearm that has a feature of a kind defined or described in an order under section 74A as a feature of military style semi-automatic firearms for the purposes of this Act

Question 7

specially dangerous air gun

Answer 7

means any airgun declared by the Governor-General, by Order in Council made under section 4, to be a specially dangerous airgun

Question 8

specified pre-charged pneumatic air rifles

Answer 8

means pre-chrged pneumatic air rifles that are not for use in airsoft or paintball sports

Question 9

restricted weapons schedule

Answer 9

1 Anti-tank projectors, and ammunition therefor.

2 Grenade dischargers, grenade launchers, and grenades containing explosives.

3 Incendiary grenades; including the type commonly known as a Molotov cocktail and consisting of—

(a) a container or containers, the only or principal contents of which is an inflammable liquid or mixture; and
(b) a means of ignition of the inflammable substance or mixture, whether that means is a wick, an explosive or other device, a fuse, or a chemical.

4 Machine carbines or guns, submachine carbines or guns, and machine pistols of any kind, including those operated by gas or compressed air.

4A Firearms and airguns that are capable of full automatic fire, excluding airguns that are designed for use in airsoft or paintball sports and are in the same configuration as when they were manufactured.

5 Mines of an explosive nature, of any kind whatsoever.

6 Mortars of military kinds, and ammunition therefor.

7 Rocket launchers and ammunition therefor.

8 Every firearm, weapon, and device designed for the purpose of discharging any lachrymatory, deleterious, or toxic gas, smoke, or other stupefying or overpowering thing capable of rendering any person either wholly or partially incapable of resistance (other than any device designed and intended solely for any medical, surgical, veterinary, scientific, agricultural, industrial, or other similar lawful purpose).

9 Any gas, substance, material, or thing specially intended or adapted for use in conjunction with any firearm, weapon, or device specified in clause 8.

Question 10

s66 Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein

Answer 10

For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.