OF14: Arms Powers and Offences Flashcards
Section 66B
Power to demand particulars from someone in possession of a firearm
- full name
- address
- date of birth
Refusal to give particulars
- caution first!!
- if persists, fails or continues to resist, arrest without warrant
SASA Power to search
Section 18
Reportable search
SASA Power to stop vehicle
Section 121
Unlawful carrying elements
Section 45 (1)(a)
- Except for some lawful, proper and sufficient purpose
- Carries OR is in possession of
- Firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosives
Definition of “Except for some lawful, proper and sufficient purpose”
Without legal right or justification, or genuine reasonable excuse in the circumstanes
Definition of “Carries” and “In possession of”
Carries
- actually has weapon on about about them
Possession
- in their possession or under their control
Elements of unlawful possession of a prohibited firearm
Section 50A
- in possession of
- a prohibited firearm
- not authorised or permitted to be in possession by the Act
Definition of “a prohibited firearm”
As defined by Section 2A of the Arms Act 1983
Elements of Unlawful carrying of imitation firearm
Section 46 (1)
- except for some lawful, proper and sufficient purpose
- carries
- an imitation firearm
Definition of “an imitation firearm”
Anything that has the appearance of a firearm
Elements of discharging firearm without reasonable cause
Section 48a
- without reasonable cause
- discharges
- A firearm OR airgun OR pistol OR restricted weapon
- in or near a dwelling house OR in or near a public place
- so as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person
Definition of “without reasonable cause”
No genuine or reasonable excuse depending on the circumstances
Definition of “Discharges”
Fires, or releases or lets go
Definition of “in or near a dwelling house”
Inside or in the near vicinity of a residence or place of abode
