Arms Act powers and offences

Question 1

What is a firearm?

Answer 1

Anything that discharges a bullet, projectile, shot or missile by force of explosion. It includes anything adapted to discharge a projectile, shot or missile, anything that by completion or replacement of parts or correction or repair of any defects and anything that is dismantled or partly dismantled and includes any specially dangerous airgun

Question 2

What is the definition of an airgun?

Answer 2

Any air gun, pistol or any weapon from which a shot, projectile or missile through force of compressed air.

Question 3

What is an imitation firearm?

Answer 3

Anything that has the appearance of being a firearm whether or not capable of discharging any shot, bullet, projectile or missile.

Question 4

What is a pistol?

Answer 4

Any firearm that is designed or adapted to be used with one hand and includes any firearm shorter than 762mm (30”).

Question 5

What is a prohibited firearm?

Answer 5

All semi-automatic firearms except:

• rimfire .22 or less with a magazine that holds 10 or less rounds.
• semi-atuo shotguns that have non-detachable tubular magazines capable of holding 5 or less cartridges

Pump action shotguns:

• that are capable of operation with detachable magazines
• have non-detachable magazines capable of holding more than 5 cartridges

Question 6

What is a prohibited magazine?

Answer 6

Shotgun magazines capable of holding more than 5 rounds.

Any other firearm magazine capable of holding more than 10 rounds.

Capable of holding more than 10 rounds and able to be used on any semi-auto or fully auto weapon.

Question 7

What are prohibited parts?

Answer 7

Any component capable of being applied to take significant steps towards enabling a firearm to be fired with, or near to, semi-auto or fully auto action.

Question 8

How often are FLIC’s renewed?

Answer 8

Every 10 years.

Question 9

What are the different categories of FLIC’s and what do they mean?

Answer 9

Category A - standard/conventional FLIC
Category B - pistol licence and is the member of a pistol club
Category C - theatrical or collector level
Category D - dealer

Question 10

What are the age requirements for firearms licences?

Answer 10

0 - 15 - cannot own a firearm/airgun but can operate under supervision of a licenced firearms owner

16 - 17 - require a licence for both a firearm or airgun with parental permission

18+ - require a firearms licence for a firearm only

Question 11

What is a restricted weapon?

Answer 11

• Molotov cocktails
• Grenades
• Missile launchers

Question 12

Section 40 of the Arms Act 1983 allows you to do what?

Answer 12

Demand details of anyone who possesses a firearm, airgun, pistol, restricted weapon, prohibited magazine or prohibited part.

If they fail to comply they must be warned that it is an offence after which they can be arrested if they continue to fail to provide.

Question 13

What section of the Search and Surveillance Act 2012 allows you to search, without warrant, for any arm?

Answer 13

Section 18 Search and Surveillance Act 2012

Question 14

Section 18 of the Search and Surveillance Act 2012 allows you to search what for any arm?

Answer 14

Any person, place or vehicle

Question 15

What is required in order to invoke section 18 of the Search and Surveillance Act 2012?

Answer 15

RGTS that there:

• has been a breach of the Arms Act 1983
• by way of the persons physical or mental ability the person is incapable of proper use of the firearm or they intend to kill or cause bodily injury
• there is a PO/PSO in place or there is grounds to make such an order

Question 16

What are the elements of unlawful possession of a firearm?

Answer 16

Elements

• Except for some lawful, proper and sufficient reason
• Carries OR is in possession of
• any firearm OR any airgun OR any pistol OR any restricted weapon OR any explosive

Question 17

What are the elements of carrying an imitation firearm?

Answer 17

Elements

• Without lawful, proper or sufficient reason
• Carries
• An imitation firearm

Question 18

What are the elements of discharging a firearm without reasonable cause?

Answer 18

Elements

• Without reasonable cause
• discharges
• a firearm OR a pistol OR an airgun OR a restricted weapon
• in or near a dwellinghouse 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

Question 19

What are the elements of presenting a firearm?

Answer 19

Elements

• Except for some lawful and sufficient purpose
• Presents
• A firearm OR a pistol OR an airgun OR a restricted weapon
• at any other person

Question 20

What are the elements of presenting a firearm (anything)?

Answer 20

Elements

• Except for some lawful and sufficient purpose
• Presents
• anything
• in the circumstances is likely to lead that person to believe that it is a firearm, airgun or restricted weapon

Question 21

The presumption of possession under section 66 of the Arms Act 1983 is what?

Answer 21

That the person in occupation of any land, place or vehicle in which a firearm, pistol, restricted weapon or explosive is located is presumed to be in possession of that item unless they can prove that it was not his property and that it was in the possession of some other person.