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Flashcards in Arms Act Offences Deck (9)
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1
Q

Define “Possession”

A

In their possession or under their control

2
Q

Section 66 of the Arms Act 1983

A

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.

3
Q

Section 45(1) + Elements

A

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

4
Q

Section 50A + Elements

A

Unlawful possession of prohibited firearm

• In possession of

• A prohibited firearm

• Not authorised or permitted to be in possession by the Act

5
Q

Section 46(1) + Elements

A

Carrying an imitation firearm

• Except for some lawful, proper and sufficient purpose

• Carries

• An imitation firearm

6
Q

Section 48 + Elements

A

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

7
Q

Section 52(1) + Elements

A

Presenting a firearm at another person:

• Except for some lawful and sufficient purpose

• Presents

• Firearm

• At any other person

8
Q

Section 52(2) + Elements

A

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)

9
Q

Section 66B

A

Demand details (Name/Address/DOB)

  • If they refuse (Caution the arrest)