Flashcards in Arms Act 1983 Deck (27):
What are my powers under section 40 of the Arms Act 1983?
Power to demand particulars from any person in possession of any firearm, airgun, pistol or restricted weapon
What three things can I demand from a person who is carrying or in possession of a firearm?
Name, address and date of birth.
Under section 40 of the arms act 1983. What are the consequences for failing or refusing to give details?
Warning first and then arrest.
What does section 18 of the Search and Surveillance Act give me power to do?
Warrentless to search people and seize firearms .
RGTS are carrying firearms
or is in possession of them has them under there control
Or they by reason of their mental, physical condition are incapable of having proper control of the arms
May kill or cause harm to any person.
If there is a protection order in force against that person
If there are grounds to make an application against the person for a protection order
If there is a PSO in force against the person under the DV ACT 1995 you may....
SEARCH THE PERSON
ENTER A PLACE OR VEHICLE
SEIZE AND DETAIN ANY FIREARM AND OR LICENCE
What is the definition of carrying?
Physically holding the item or inside something the person is holding. Actually has it on or about them.
What is the definition of possession?
Physically holding the item or inside something the person is holding. Actually has it on or about them. But also to include proving the possessor has knowledge of the firearm and physical control over it
What is section 66 of the arms act?
The occupier of the buildings/land and the driver of the vehicle are deemed to be in possession of any firearm ect found in their premises/car unless they can prove otherwise.
What are the different classifications of fire arms Licences?
A - Full fire arms licence for conventional weapons
B - Pistols (must be a member of a pistol club)
C - Collectors of firearms, includes MSSA and also licences of theater.
D - Firearms dealers.
E - Military style semi automatic firearms
What happens if the licence holder changes address?
They must notify the police within 30 days
What makes a MSSA different from a sport set up?
- a firearm which after being loaded fires ejects and chambers with each pull of the trigger
-a folding telescopic butt
- a flash suppressor
- a freestanding pistol grip
- magazine capable of holding 15 .22 calibre or more than 7 cartridges of any other calibre
What should you do when you suspect someone is no longer fit to be in possession of a firearm?
-should present facts to arms officer for submission to an appropriate commissioned officer.
The decision is then made whether to revoke or not.
When I execute a statutory power under section 18 of the search and surveillance act 2012 what must I do before the end if the shift?
2- Firearms search and seizure notification on the bully board
What do I need if I want to purchase a MSSA?
I need a fire arms licence category E
before being allowed to purchase the weapon
What two things should a constable establish when speaking to someone in relation to firearms?
1-Do they have a firearms licence
2-whether they have a lawful sufficient purpose to have the weapon with them
Relating to section 40 of the arms act 1983 what does possession mean?
- having physical hold of the weapon
- having in a bag
- having in a vehicle
- also there could be possession if the firearm was at another location
Under s40(1) of the arms act 1983 what does this give me the power to do?
What are the two main statutory powers regarding firearms?
S40 Arms Act 1983
S18 Search and Surveillance Act 2012
What are some defences for firearms?
- it is not my gun
- the firearm is fake
- discharge is reasonable
Define the firearms process?
- person 16+ want Flic
- parental consent under 18
- apply police
- sit tests
- police conduct inquiry
- licences issued
What colour is a category A firearms licence?
What colour are category B-E licences?
What is the purpose of the Arms Act 1983?
- regulate firearms
- licensing system
- police power to seize
- establish offences
What are the duties of a firearms licence holder?
- change of address 30days
- produce on demand
- licence legible and undamaged
- written report, theft damage ect
Name three restricted weapons?
Name three explosives?
Marine distress flares