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Insp CPK: #6 Firearms > Firearms > Flashcards

Flashcards in Firearms Deck (11)
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What does s.24 Arms Act 1983 cover?

Clue: fit and proper

  • Police can issue firearms licence to:
    • person over 16 year
    • is fit and proper person
  • On opinion of inspector or above not issue licence to:
    • been refused as not fit and proper
    • cert of reg revoked as not fit an proper
    • f/licence revoked as not fit and proper
    • opinion of Inspector or above is not fit and proper


What are the considerations when deciding if someone is a 'fit and proper' peson to be issued a f/licence?

Clue: CT,CC,VS

  • General character and temperament
  • criminal convictions
  • violence against spouse


What did the court conclude in Police v Flynn 2010 with regards to fit and proper person? (4)

  • in absence of any recent convictions or
  • incidents involving violence
  • subjectively regarded by some as unpleasant person 
  • did not mean he was not a fit and proper person to hold a f/licence


If regarded a fit and proper person to be issued a f/licence, what other reason may and inspector refuse to issue the licence?

Clue: 'If resonably likely that.....'

if reasonably likely that firearms/airguns would be accessable by someone else who is not 'fit and proper' or cert of reg had been revoked.


What does s.27 Arms Act 1983 (Revocation and Surrender of F/Licence) allow an Inspector to do?

Clue: Inspector or above may (in writing)



if in there opinion....

Inspector or above may (in writing) revoke f/licence and demand surrender of f/licence:

  • in opinion is not fit and proper (1)(a)
  • reasonably likely that not fit and proper person will have access to firearms/airguns (1)(b)

(onus on police to satisfy)


What does s.27A Arms Act 1983 (Domestic Violence and F/licences) cover?

Clue: 'Inspector or above may decide that person is not 'fit and proper' if: (2)

Inspector or above may decide that person is not 'fit and proper' if:

  • grounds exist under DVA1995 for protection order to be made against the applicant
  • a protection order is in force



What does s.28 Arms Act 1983 (Effect of revocation or surrender of F/licence) cover?

Clue: What must person do?

  • person to who this applies
    • must surrender all F/A's etc
    • sell/dispose within 3 mths
  • F/A etc delivered to police may become property of crown
  • Crown may pay value of F/A's etc
  • 3 mths/$1000 failing to surrender F/A's etc 



What are the eight procedual steps for revocation/refusal of F/Licence? (8)

Clue: Considered, prep, decision, serve, hearing, decision advise, computer

  1. Considered not fit and proper
  2. prepare file for commissioned officer (recommendation)
  3. Decision to consider revoking/refusal (seize immediately if urgent)
  4. Decision served on person in writing (and reasons/offer of submittions)
  5. Hearing between parties held in person or written
  6. Post hearing decision served with reasons
  7. Person advised of right of appeal
  8. Complete computer action


What are the reasons that a person may no longer be considered a fit and proper person to hold a f/licence? (11)

Clue: R, S, S, S ,S, V,D FV, P, A, C


  • no regards for Arms Act/Regulations
  • substance abuse
  • serious offence Arms Act
  • serious offence any act
  • series minor offence Arns Act
  • violence and drug crimes
  • family violence (incl threats)
  • psycological disturbance
  • attempt suicide/self-harm
  • non-compliance with f/licence conditions


Under s.18(1) Search and Surveillance Act 2012, what action can police take? (5)

Clue: search, search, enter, seize, seize


  • search person
  • search anything in persons possession/control
  • enter place or vehicle
  • seize and detain any arms found
  • seize and detain f/licence


Under s.18(2) Search and Surveillance Act 2012, what circumstance have to exist to envoke a search under s.18(1)? (5)

Clue: #1 carrying/possession

  • person is: carrying/possession of/control of arms



  • breach of Arms Act
  • mental/physical condition
    • incapable proper control
    • may kill/injure
  • Domestic Violence Act 
    • Protection Order in force
    • ground for PO exist