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Police College > Arms Act 1983 > Flashcards

Arms Act 1983 Flashcards

1
Q

Firearm Definition

Section 2

Arms Act 1983

A

‘Firearm’ means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:

  • anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; or
  • anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which by its completion or the replacement of any component parts or the correction or repair of any defects would be a firearm; or
  • anything (otherwise being a firearm) which is for the time being dismantled or partially dismantled; or
  • any especially dangerous air gun.
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2
Q

Airgun definition

Section 2

Arms Act 1983

A

‘Airgun’ includes any:

  • air rifle
  • air pistol
  • 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.
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3
Q

Imitation Firearm

Section 2

Arms Act 1983

A

‘Imitation firearm’ means anything that has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet, etc.

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4
Q

Pistol Definition

Section 2

Arms Act 1983

A

‘Pistol’ means any firearm that is:

  • designed, or
  • adapted

to be held and fired with one hand and includes any firearm that is less than 762mm in length.

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5
Q

Restricted Weapon

Section 2

Arms Act 1983

A

‘Restricted weapon’ refers to any weapon declared a restricted weapon by the Governor-General.

Some examples are:

  • Molotov cocktails
  • grenades
  • rocket launchers.
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6
Q

Explosives

Section 2

Arms Act 1983

A

An ‘explosive’ is any substance capable of exploding or producing a pyrotechnic effect.

Some examples are:

  • dynamite
  • TNT
  • marine distress flares.
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7
Q

Military Style Semi Automatic Firearms Defined

(MSSA)

Section 2

Arms Act 1983

A

‘Military style semi-automatic firearm’ means:

a) a firearm which, after being loaded, fires, ejects, and chambers a cartridge with each pull of the trigger; but
b) does not include:
i) a pistol, or
ii) a semi-automatic firearm that, with its magazine (if any), is maintained at all times in a sporting configuration.

Apart from the above definition, an MSSA must also have one or more of the following:

  • a folding or telescopic butt
  • bayonet lugs
  • a flash suppressor
  • a free-standing pistol grip
  • a magazine capable of holding, or which appears capable of holding:

− more than 15 .22 calibre cartridges

− more than seven cartridges of any other calibre.

Any semi-automatic firearm that does not have any of the features listed above is in a ‘sporting configuration’. Therefore, it is not classed as an MSSA.

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8
Q

Firearms Licence Categories

Arms Act 1983

A
  • License must be renewed every 10 years

Categories

A - Full licence for the possession and use of conventional firearms (not pistols, restricted weapons or MSSAs)

B - Pistols, providing the owner is a member of a pistol club

C - Collections, restricted weapons and use of weapons in theatrical performances

  • *D -** Firearms dealers
  • *E -** Military style semi-automatic firearms
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9
Q

Firearms VS Airgun Licences

Arms Act 1983

A

0 - 16 - Cannot own a firearm or air gun but can use one under immediate supervision.

16 - 18 - Requires a licence for both a firearm and an air gun.

Over 18 - Requires a licence for a firearm but no licence for an air gun.

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10
Q

Section 40

Power to Demand Particulars

Arms Act 1983

A

Every person in possession of any:

  • firearm,
  • air gun,
  • pistol, or
  • restricted weapon

shall, on demand, give their:

  • full name,
  • address, and
  • date of birth
  • to any member of the police who is in uniform or who produces evidence that they are a member of the police.
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11
Q

Section 40(2)

Refusal to give Particulars

Arms Act 1983

A

If any person refuses to give those details or gives false particulars, any member of the police may:

a) caution the person; and
b) if the person persists in such refusal or fails or continues to fail to give the correct particulars, arrest the person without warrant.

Remember: This power of arrest can be enforced only after the offender has been warned about the consequences of a failure or refusal.

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12
Q

Section 40

Possession Definition

Arms Act 1983

A

Possession

  • having physical hold of the thing, or
  • having it in a bag they are carrying, or
  • having it in a vehicle they are driving
  • unless they can prove it is someone else’s property or in someone else’s possession (refer to section 66)
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13
Q

Unlawful Carrying

Section 45

Arms Act 1983

A

Except for some lawful proper and sufficient purpose

Without legal right or justification, or genuine reasonable excuse in the circumstances.

Carries

Actually has the weapon on or about him or her.

OR
Is in possession of

In their possession or under their control.

Firearm

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

OR

Airgun

Anything which is capable of discharging projectiles by the use of gas or compressed air.

OR

Pistol

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

OR
Restricted Weapon

Any weapon declared as a restricted weapon by the Governor General eg Molotov cocktails.

OR
Explosives

Any substance capable of exploding or producing a pyrotechnic effect.

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14
Q

Carrying an imitation firearm

Section 46(1)

Arms Act 1983

A

Except for some lawful proper and sufficient purpose

Without legal right or justification, or genuine reasonable excuse in the circumstances

Carries

Actually has the weapon on or about them

An imitation firearm

Anything that has the appearance of being a firearm

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15
Q

Discharging Firearm Without Reasonable Cause

Section 48(a) OR 48(b)

Arms Act 1983

A

Without reasonable cause

No genuine or reasonable excuse depending on the circumstances.

Discharges

Fires, or releases or lets go.

A firearm

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

OR

Airgun

Anything which is capable of discharging projectiles by the use of gas or compressed air.

OR

Pistol

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

OR

Restricted weapon

Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.

In or near a dwelling house

Inside or in the near vicinity of a residence or place of abode.

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

To put the property of another at risk of damage.

OR

So as to endanger any person

To put the person at risk of injury.

OR

So as to annoy any person

So as to distress a person

OR

So as to frighten any person

So as to scare a person

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16
Q

Presenting a Firearm

Section 52(1)

Arms Act 1983

A

Except for some lawful and sufficient purpose

Without legal right or justification, or genuine reasonable excuse in the circumstances

Presents

Brandishes, deploys or displays in a threatening way

Firearm

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive

OR

Air gun

Anything that is capable of discharging projectiles by the use of gas or compressed air

OR

Pistol

Any firearm designed or adapted to be held and fired with one hand, including any firearm under 762mm long

OR

Restricted weapon

Any weapon declared as a restricted weapon by the Governor-General; eg, Molotov cocktails

At any other person

Must be another person

17
Q

Presenting Anything

Section 52(2)

Arms Act 1983

A

Except for some lawful and sufficient purpose

Without legal right or justification, or genuine reasonable excuse in the circumstances.

Presents

Brandishing, deploying or displaying in a threatening way.

At any other person

Must be another person.

Anything

Anything at all.

In the circumstances, is likely to lead that person to believe that it is a

The circumstances, including the offender’s actions and the article presented, makes it likely that the other person believes it is a

Firearm

OR

Airgun

OR

Pistol

OR

Restricted weapon

Police College (14 decks)

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