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Offences > Firearms Offences > Flashcards

Firearms Offences Flashcards

1
Q

Define ‘firearm’

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:
- anything adapted
- anything that by its completion or replacement of components or correction/repair of defects, would make it a firearm
- anything for the time being is dismantled
- any especially dangerous AIR GUN

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2
Q

What are examples of a prohibited firearm?

A
  • semi-automatic firearm (except a pistol) unless it’s only able to fire 0.22 calibre cartridges OR a semi-auto shotgun with non-detachable magazine holding no more than 5 cartridges
  • pump-action shotgun that can be used with a detachable magazine
  • pump-action shotgun with non-detachable mag that can hold 5+ cartridges
  • any other firearm declared prohibited by Order in Council

Semi-auto centrefire all prohibited
Pump action centre fire good up to 10 rounds - no detachable mag
Shotgun - semi or pump okay up to 5 rounds - no detachable mags
.22 rimfire semiauto is good up to 10 rounds

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3
Q

What is a “prohibited magazine” in relation to a shotgun?

A

A magazine, detachable or not, able to hold more than 5 cartridges proportionate to the shotgun’s chamber size

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4
Q

What is a “prohibited magazine” in relation to a firearm other than a shotgun (except pistols)

A

Any detachable magazine capable of holding 0.22 calibre or lower and is able to hold more than 10 of the cartridges,
OR
Any detachable magazine capable of holding more than 10 cartridges and being used with a semi-auto or fully auto firearm.

It also means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges.

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5
Q

Define an “air gun”.

A

Any weapon from which, by use of compressed gas or compressed air, not by force of explosive, can discharge a projectile.

Includes: air rifle, air pistol.

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6
Q

What is a “prohibited part”?

A
  • A part of a prohibited firearm
  • A component that can be applied to enable or help enable a firearm to be fired with or near to, semi-auto action.
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7
Q

What is an imitation firearm?

A

Anything resembling a firearm, whether or not it’s capable of firing a shot.

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8
Q

Definition of a “pistol”?

A

Any firearm DESIGNED or ADAPTED to be held and fired with one hand.

Includes any firearm that is less than 762mm in length.

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9
Q

What is the maximum length of a firearm before it’s not considered a pistol?

A

762 mm

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10
Q

Examples of restricted weapons?

A

Anything declared restricted by the Governor-General.

Molotov cocktails, grenades, rocket launchers.

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11
Q

What is an “explosive”?

A

A substance capable of exploding or producing a pyrotechnic effect.

Dynamite, TNT, marine distress flare.

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12
Q

Definition of “semi-automatic”?

A

Means that a for a loaded firearm, with each pull of the trigger,
(1) it fires a cartridge and ejects its case AND
(2) chambers another cartridge (unless all cartridges loaded have been fired)

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13
Q

Define a “safe direction”.

A

If an unintentional discharge occurs, only minor property damage and NO human injury will result.

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14
Q

What are the 4 cardinal rules of firearms safety?

A
  1. Treat all firearms as if they’re loaded
  2. Point the muzzle in a safe direction
  3. Keep finger outside the trigger guard until you are on target and have decided to fire
  4. Be sure of your target and what is around it and behind it
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15
Q

What is the renewal time period for a firearms license?

A

Every 10 years, unless revoked, surrendered, or previously not held a license. In these cases it must be renewed every 5 years.

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16
Q

What are the different rules for ownership of an air-gun or firearm for different ages?

A

0 - 16 / Can’t own either, can use one under immediate supervision of a licence holder

16 - 18 / Requires license for BOTH air-gun and firearm

18+ / Need licence for firearm, not for air-gun

17
Q

What category is a standard firearms license?
What are the other endorsements for?

A

A is standard licence. Not shown on license.

B = pistols, if owner is member of pistol club

C = collections, restricted weapons and use of weapons in theatre performances

D = firearms dealers

18
Q

What are the duties expected of a firearms licence holder when producing their license to Police?

A

Must produce it on demand.
If they don’t have it on them, produce it within 7 days to a police station.

19
Q

What details can you demand from someone under s66B of the Arms Act 1983?

A

Any person in possession of any firearm, air gun, pistol, prohibited mag, part or weapon, must give their:
Full name, address, date of birth

20
Q

When can you arrest someone for not giving identifying particulars under the Arms Act 1983?

A

If they fail to give ID, you must first CAUTION them, and if they still resist, arrest them without warrant.

Can only arrest if they have first been cautioned and warned of the penalites/consequences.

The penalty is 3 months prison or $1000 fine or both.

21
Q

What SASA 2012 section gives you the power to search for arms?

A

s18 of the Act - RGTS. Allows search of the person; anything in their possession or control (incl. vehicle), enter a place or vehicle to search a person or possessions.
Can then seize and detain any arms found, and their license.

22
Q

When searching for firearms under SASA act, what are your obligations?

A

s18, must comply with s125 or 131 RAN/RAIN

23
Q

s45(1) of Arms Act 1983 makes it an offence to have ‘Unlawful Carriage OR possession of a Firearm OR Airgun OR pistol OR prohibited magazine OR restricted weapon OR explosive.

What are the elements of this offence?

A
  1. Except for some lawful, proper, and sufficient purpose,
  2. Carries OR is in possession of,
  3. Firearm, airgun, pistol, prohibited mag, restricted weapon, or explosive
24
Q

What is the definition of “possession” in relation to a firearm or part of it?

A

The possessor has knowledge of the firearm, and physical control over it [and can go get it if they so wish].

25
Q

s50A makes it an offence to have “Unlawful Possession of prohibited firearm”.

What are the elements of this offence?

A
  1. In possession of
  2. A prohibited firearm
  3. Not authorised or permitted to be in possession by the Act
26
Q

What does s66 Arms Act 1983, Occupiers of Land and Drivers of Vehicles outline?

A

That every person occupying any land/building, or driving a vehicle, in which any firearm or similar, is found, is deemed to be in the possession of that thing UNLESS they prove it’s not their property and someone else had it in their possession.

27
Q

s46(1) makes it an offence for “Carrying an Imitation Firearm”.

What are the elements of this offence?

A
  1. Except for some lawful, proper, and sufficient use,
  2. Carries,
  3. An imitation firearm
28
Q

s48 makes it an offence for “Discharging firearm OR air-gun OR pistol OR restricted weapon in or near a dwelling or house OR public place.

What are the elements of this offence?

A
  1. Without reasonable cause,
  2. Discharges
  3. A firearm, air-gun, pistol, or restricted weapon,
  4. In or near a house or dwelling OR in or near a public place
  5. So as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person
29
Q

s52(1) makes it an offence for “presenting a firearm at other person”.

What are the elements of this offence?

A
  1. Except for some lawful and sufficient purpose,
  2. Presents,
  3. Firearm (other than a prohibited firearm) or airgun, pistol, or restricted weapon,
  4. At any other person
30
Q

What is the definition of the element “Except for some lawful, proper, and sufficient purpose”?

A

Without legal right or justification, or genuine reasonable excuse in the circumstances

31
Q

What is “reasonable cause” for discharging a firearm in or near a dwelling or house OR public place?

A

May be that the person was under attack and acting in self-defence, or had to shoot a dangerous dog.

32
Q

What are the 6 firearms offences?

A

“Unlawful Carriage”

“Unlawful Possession of Prohibited Firearm”

“Carrying an Imitation Firearm”

“Discharging Firearm in or near a dwelling house OR public place”

“Presenting a Firearm at Other Person”

“Presenting Anything”

33
Q

For a shotgun to be a prohibited firearm, what does it need or not need?

A

Pump-action shotgun with detachable mag.

Pump-action shotgun with non-detachable mag. BUT the magazine can hold more than 5 cartridges.

34
Q

How many cartridges can a shotgun magazine hold before it becomes prohibited?

A

5

35
Q

When is a semi-auto firearm, including semi-automatic shotgun NOT considered prohibited?

A

Semi-auto firearm is not prohibited if it can only fire 0.22cal bullets or lower and has a magazine that can hold no more than 10 cartridges.

OR for a semi-auto shotgun, the magazine is non-detachable and can’t hold more than 5 cartridges.

Offences (5 decks)

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