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A. Sum Exam Disclosure > Arms > Flashcards

Arms Flashcards

1
Q

What is the definition of a firearm?

A

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 discharge shot

…Anything at the time not capable of discharging, but BY ITS COMPLETION or REPLACEMENT of any components of the CORRECTION OR REPAIR would be a firearm

Anything (otherwise being a firearm) which is for the time being dismantled or partially DISMANTLED

Any especially dangerous air gun.

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2
Q

What is the definition of an Air gun?

A

A weapon from which, BY THE USE OF GAS OR COMPRESSED AIR (not from force of explosive) and shot, bullet, missile or other projectile can be discharged.

Includes any air rifle or air pistol.

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3
Q

What is the definition of a Pistol?

A

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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4
Q

Who may lawfully possess an Air gun?

A

16- under 18 years old with a firearms licence

18 years old - no licence required.

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5
Q

What legal requirements are placed on a firearms licence holder?

A

Keep licence legible and undamaged.

Produce it to police on demand.

If not on them, produce it at a police station within 7 days.

If change of address, notify police within 30 days.

Report to police in writing the circumstances of any theft, loss or destruction of the firearm.

If death or injury results from the use of the firearm, report the circumstances to the police ASAP.

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6
Q

How is a firearms licence obtained?

A

A person over 16yrs decides they want a licence (parental permission required 16-18yrs)

Application for firearms licence lodged with police.

Applicant sits and passes firearms test.

Police conduct inquiries into the applicants suitability.Licence issued.

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7
Q

How long does the licence last?

A

10 years

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8
Q

Which firearms licence categories relate to which type of weapons?

A

Cat A:
Full licence for the possession and use of conventional firearms (not pistols, restricted weapons or MSSA’s)

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

Cat C:
Collections, restricted weapons and use of weapons in theatrical performances.

Cat D:
Firearms dealers

Cat E:
Military Style Semi-Automatic firearms

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9
Q

Under what circumstances may you use your statutory powers? (Arms Act 1983)

A

The power to deal with people in possession of firearms and related weapons. These powers comprise the rights to demand details, search, detain and seize.

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10
Q

What are your statutory powers under section 18 of the Search and Surveillance Act 2012?

A

Power to search people or place/vehicle under their control. Seize firearms

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11
Q

What statutory obligations must you meet when exercising your powers?

A

Comply with obligations under S125 and/or S131
(RAN or RAIN)

Notification S169

BOR if detaining the person

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12
Q

Under section 40, what information must a person give you? (Arms Act 1983)

A

Full name
Address
Date of birth

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13
Q

What must you do if a person fails to comply with your demands under section 40 (Arms Act 1983)

A

Caution the person; and

If they persist, arrest without warrant

(This POA can be enforced only after the offender has been warned about the consequences of a failure or refusal).

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14
Q

What are the two things that you should establish when speaking to people who are in possession of firearms?

A

They have a firearms licence.

They have a lawful, proper and sufficient purpose for having the firearm with them.

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15
Q

What is meant by ‘reasonable grounds’? (AA83)

A

Must be more than a mere suspicion that a breach has been committed which could be:

Seen by the officer
Told to the officer by a witness
An admission by the suspect

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16
Q

What is meant by ‘carrying’? (AA83)

A

The person actually has the firearm on or about them.

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17
Q

What is meant by ‘possession’? (AA83)

A

Ideally the possessor has:
Knowledge of the firearm, and
physical control over it.

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 S66)

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18
Q

What are the ingredients for Unlawful carriage OR Possession of a Firearm - OR - Airgun - OR - Pistol - OR - Restricted weapon - OR - Explosives?

A

Except for some lawful proper and sufficient purpose

Carries - OR -
Is in possession of

Firearm  - OR -
Airgun  - OR -
Pistol  - OR -
Restricted weapon  - OR -
Explosives
19
Q

What is the definition of Except for some lawful proper and sufficient purpose?

A

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

20
Q

What is the definition of Carries?

A

Actually has the weapon on or about him or her.

21
Q

What is the definition of Is in possession of?

A

In their possession or under their control.

22
Q

What is the definition of Firearm?

A

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

23
Q

What is the definition of Airgun?

A

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

24
Q

What is the definition of Pistol?

A

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

25
Q

What is the definition of Restricted weapon?

A

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

26
Q

What is the definition of Explosives?

A

Any substance capable of exploding or producing a pyrotechnic effect.

27
Q

What are the ingredients for Carrying an imitation firearm?

A

Except for some lawful proper and sufficient purpose

Carries An imitation firearm

28
Q

What is the definition of An imitation firearm?

A

Anything that has the appearance of being a firearm.

29
Q

What are the ingredients for Discharging Firearm - OR - Airgun - OR - Pistol - OR - Restricted weapon in or near a dwelling house OR public place?

A

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

30
Q

What is the definition of Without reasonable cause?

A

No genuine or reasonable excuse depending on the circumstances.

31
Q

What is the definition of Discharges?

A

Fires, or releases or lets go.

32
Q

What is the definition of In or near a dwelling house?

A

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

33
Q

What is the definition of In or near a public place

A

In or near a place that, at any material time, is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle that is in a public place.

34
Q

What is the definition of So as to endanger property?

A

To put the property of another at risk of damage.

35
Q

What is the definition of So as to endanger any person?

A

To put the person at risk of injury.

36
Q

What is the definition of So as to annoy any person?

A

So as to distress a person.

37
Q

What is the definition of So as to frighten any person?

A

So as to scare a person.

38
Q

What are the ingredients for Presenting a firearm?

A

Except for some lawful and sufficient purpose

Presents

Firearm - OR -
Airgun - OR -
Pistol - OR -
Restricted weapon

At any other person

39
Q

What is the definition of Presents?

A

Brandishes, deploys or displays in a threatening way.

40
Q

What is the definition of At any other person?

A

Must be another person.

41
Q

What are the ingredients for Presenting anything?

A

Except for some lawful proper and sufficient purpose

Presents

At any other person

Anything

In the circumstances, is likely to lead that person to believe that it is a Firearm - OR -
Airgun - OR -
Pistol - OR -
Restricted weapon

42
Q

What is the definition of Anything?

A

Anything at all

43
Q

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

A

The CIRCUMSTANCES, including the offender’s ACTIONS and the ARTICLE presented, makes it LIKELY that the OTHER PERSON BELIEVES IT IS AFirearm - OR - Airgun - OR - Pistol - OR - Restricted weapon.

44
Q

What is S66 of the Arms Act 1981

A

Every person in occupation of ay land or building and the driver of any vehicle

on which any firearm, airgun, pistol, imitation firearm, restricted weapon or explosive is found

is deemed to be in possession of that thing, unless

they prove that it was not their property and that it was in the possession of some other person.

A. Sum Exam Disclosure (13 decks)

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