Define “Possession”
In their possession or under their control
Section 66 of the Arms Act 1983
Any person found in a property where a firearm is discovered would be deemed to be in possession of that firearm unless they prove it is not their property and belongs to another person.
Section 45(1) + Elements
Unlawful Carriage/Possession of a firearm
• Except for some lawful, proper and sufficient purpose
• Carries OR is in possession of
• Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosives
Section 50A + Elements
Unlawful possession of prohibited firearm
• In possession of
• A prohibited firearm
• Not authorised or permitted to be in possession by the Act
Section 46(1) + Elements
Carrying an imitation firearm
• Except for some lawful, proper and sufficient purpose
• Carries
• An imitation firearm
Section 48 + Elements
Discharging firearm in or near a dwelling house OR public place:
• Without reasonable cause
• Discharges
• A firearm
• In or near a dwelling house OR in or near a public place
• So as to endanger property
• So as to endanger any person
• So as to annoy any person
• So as to frighten any person
Section 52(1) + Elements
Presenting a firearm at another person:
• Except for some lawful and sufficient purpose
• Presents
• Firearm
• At any other person
Section 52(2) + Elements
Presenting anything
• Except for some lawful and sufficient purpose
• Presents
• At any other person
• Anything
• In the circumstances, is likely to lead that person to believe it is a firearm (other than a prohibited firearm)
Section 66B
Demand details (Name/Address/DOB)
- If they refuse (Caution the arrest)
