Flashcards in Arms Act 1983 Deck (12):
What does Section 66 of the Arm Act 1983 state?
Every person in occupation of any 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.
What power allows you to search for and seize firearms?
Section 18 of the Search and Surveillance Act 2012.
What does Section 18 of the Search and Surveillance Act 2012 allow you to do?
(1) Search a person
(2)Search anything in their possession
(3) enter a place or vehicle to search a person or anything in their possession
(4) seize and detain any arms or the persons firearms licence.
What criteria must exist before you can exercise you power under Section 18 of the Search and Surveillance Act 2012?
(1) You must have good cause to suspect that some one is carrying arms is has them under their control.
(2) A protection order is in force against them
(3) There are grounds to make an application order against them
(4) There is a PSO against them
(5) they are in breach of the Arms Act 1983.
(6) The person due to their physical or mental condition is incapable of having proper control of the arms or they may kill or injure someone.
What does Section 40(1) give you the power to do?
Any person in possession of a firearm, air gun, pistol or restricted weapon must, on demand, give their:
- Full name
- Date of birth
What does Section 40(2) give you the power to do?
If any person carrying any firearm, air gun, pistol or restricted weapon fails to give their details they must be warned they may be arrested and if the continue to refuse you can arrest them.
What is the definition of a firearm?
Anything that can be used to discharge any bullet, shot, missile or projectile using explosive force.
What is the definition of a pistol?
Any firearm designed or adapted to be held and fired with one hand and includes any firearm less than 762mm long.
What is the definition of an air gun?
Any weapon that uses compressed air or gas to fire a projectile.
What is the definition of a restricted weapon?
Any weapon restricted by the Governor general. eg, grenade, Molotov cocktail
What is the definition of a Military style semi-automatic firearm (MSSA)?
A firearm that after being fired ejects the empty cartridge and chambers a new round. Must also have one of the following:
- A folding or telescopic scope
- Bayonet lugs
- a flash suppressor
- a free-standing pistol grip
- ore than 15 .22 bullets or 7 of any other caliber bullets.