Firearms + Weapons

Question 1

Definition of firearm and section?

Answer 1

S 4 Firearms Act 1996

• Gun/other weapon
• is/was capable propelling projectile,
• By means of an explosive
• Includes blank fire firearm or air gun
• Does not include anything regs declare not be a firearm.

Question 2

S 4 (2)?

Answer 2

Firearm includes anything that would be a firearm except that it is obstructed/has a defect/something is missing

Question 3

Pistol?

Answer 3

S 4.

Firearm reasonably being capable of being raised and fired with one hand and not exceeding 65cm long.

Question 4

Use definition?

Answer 4

Fire or hold firearm so as to cause reasonable belief it will be fired, whether capable of firing or not.

Question 5

Imitation pistol/firearm? Case law?

Answer 5

s4D and ; Commissioner of Police v Howard Silvers & Sons Pty Ltd.
Taken to be a pistol/firearm.

Question 6

Possession?

Answer 6

S4.
Includes KNOWINGLY
- Having custody, or
- Having in custody of another, or
- Having firearm in any premises, place, vehicle, vessel etc

Question 7

Firearm parts possession?

Answer 7

If being possess or carried by 2+ persons, each is taken to be possessing or carrying the firearm. S4 (3)

Question 8

Proving possession under Firearms Act?

Answer 8

Firearm taken to be in possession as long as in or on premises owned, leased, occupied by, in care, control or management of, person UNLESS,

• Firearm placed in, on premises by or on behalf of person lawfully authorised to possession, or
• Did not know, could not reasonably be expected to know firearm was there, or
• On evidence, person not in possession of firearm.

Question 9

S 7 FA?

Answer 9

Unauthorised possession or use of prohibited firearm.

Question 10

S 7A FA?

Answer 10

Unauthorised use or possession of firearm. (S6 exempts Police/security from certain requirements)

Question 11

S 7 (3) FA?

Answer 11

Alternate verdict. If found not guilty of S 7, can be found guiilty of S 7A offence.

Question 12

In possession but not knowing was firearm case law?

Answer 12

R v Hussain. Found guilty of possession despite not knowing what it was.

Question 13

S82 FA?

Answer 13

Parents are liable if person under 18 contravens FA regs if parent knowingly permitted/authorised.

Question 14

S84 FA?

Answer 14

Proceedings for offences, lays out whether Summary, T1 or 2, Strictly Inictable.

Question 15

S 85 FA?

Answer 15

2 years to commence proceedings for maters to be dealt with summarily - from time of offence.

Question 16

S 87 FA?

Answer 16

Certificate of evidence, prima facie, whether license holder, conditions, prohibition order in place, firearm registered, who to, known addresses etc.

Question 17

S80 (1) Fa?

Answer 17

Forefiture firearms

Court can order forfeiture.

Question 18

S 80 (2) FA?

Answer 18

If person found guilty of an offence under Part 4, and firearm seized by Police Officer, Firearm is forfeited to rown. Firearm may be destroyed.

Question 19

Does s10 count as finding of guilt? Case Law.

Answer 19

Norton v O’Connor & Anor.

S10 is finding of guilt and magistrate has no discretion re ordering forfeiture.

Question 20

Case Law re S 80 (2) FA?

Answer 20

Police v Eykamp & Anor

Once finding guilt court has no discretion to make alternate orders in disposal of said firearm.

Question 21

Prohibited weapon definition?

Answer 21

S 4, Weapons prohibition act 1998

Anything described in Schedule 1

Question 22

Is it still a prohibited weapon if something is missing, has a defect or obstruction? Section?

Answer 22

Yes S 4(2) (a)

Question 23

Possession for weapons prohibition Act?

Answer 23

Includes knowingly;

a) has custody of the weapon
b) Has weapon in custody of another person
c) Has weapon in any premises, place, vechile, vessel, whether or not belonging to or occupied by the person.

Question 24

Possession of parts wpa?

Answer 24

If prohibited weapon parts are possessed or being carried by 2+ persons, each is taken to be possessing or carrying the weapon

Question 25

S7 WPA?

Answer 25

Unauthorised possession or use of PW.

Question 26

What does use include, wpa?

Answer 26

Causing reasonable belief weapon will be used.

Question 27

S45 WPA?

Answer 27

Parents liable if under 18 yo contravenes act or regs if knowingly authorised/permitted

Question 28

S44 wpa?

Answer 28

2 years to commence proceedings dealt with summarily. From time of offence

Question 29

S48 wpa?

Answer 29

Certificate of evidence same as Firearms Act. Prima Facie.