Firearms Flashcards
(13 cards)
A ‘Firearm’ under the Firearms Act is defined as follows - Fill in the blanks:
A ‘Firearm’ means any device whether or not _____________ or in parts which is
- designed or adapted or capable of being ____________ to discharge ____________or a bullet or other misile by the ____________ of gases produced in the device by the ____________ of strongly combustible materials or by ____________ air or other gases, whether stored in the device or pressurised containers or produced in the device by mechanical means.
- whether or not ____________ or completely or temporarily or ____________ inoperable or ____________.
A ‘Firearm’ means any device whether or not ASSEMBLED or in parts which is:
- designed or adapted or capable of being MODIFIED to discharge SHOT or a bullet or other misile by the EXPANSION of gases produced in the device by the IGNITION of strongly combustible materials or by COMPRESSED air or other gases, whether stored in the device or pressurised containers or produced in the device by mechanical means.
- whether or not OPERABLE or complete or temporarily or PERMANENTLY inoperable or INCOMPLETE.
What three descriptions are used to determine whether a firearm is to be classified as a ‘Handgun’?
- Is reasonably capable of being carried or concealed by a person; or
- Is reasonably capable of being raised and fired by one hand; or
- Does not exceed 65cm in length measured parallel to the barrel
‘Possession’ in relation to a firearm is similar to ‘Possession’ of a weapon and includes which three elements?
A. Actual physical possession
B. Custody or control of the firearm
C. Having and exercising access to the firearm, either solely or in common with others
Section 150 of the Firearms Act gives Police the power to demand a person to produce their firearm licence or permit. What circumstances must exist to enable this demand to be made?
- PO must have SORG that a person has committed or is about to commit an offence under the Act or that a person is in possession of a firearm; AND
- Produce their ID > Name / Rank / VP / Station
What does Section 131 of the Firearms Act refer to?
To Posses, Carry or Use a Firearm on private property without consent.
A firearm located in a search measures 70cm parallel to the barrel and is capable of being raised and fired by one hand. Is it classified as a handgun?
Yes
Certain individuals may be classified as ‘prohibited’ under the Firearms Act. What does the prohibition apply to?
Prohibited from possessing, carrying or using a firearm, obtaining a firearm license or retaining a firearm license.
Which of the following does not describe a ‘Prohibited Person’ under the Firearms Act. A person serving a term for:
A. An Indictable offence
B. An Assault
C. An offence under the DPCSA
D. A suspended Firearms license
D. A suspended Firearms license
What section under the Firearms Act would a PO use in order to search a person or vehicle for possession of a firearm?
Section 149
Which search power has no mention of a public place requirement and does not include a power of entry?
Section 149 of the Firearms Act
A PO must have SORG that a person is committing or about to commit an offence under the FA prior to searching any person / vehicle / package or thing in a persons possession prior to then seizing what?
A firearm / ammunition / silencer and/or prescribed thing
Due to the gravity of being in possession of a weapon, a Police Officer can search and seize under section 149 of the Firearms Act on the basis of a SORG only and with no ID or reason being needed for the search. True or False.
False.
Which Section under the Firearms Act allows a PO to apply to the Magistrate for a warrant to search a particular premises for a firearm?
Section 146
