Firearms / Weapons Flashcards
(40 cards)
Under section 3A, what is the definition for body armor?
Body armor means an article that is designed:
- For anti-ballistic or anti-fragmentation purposes; and
- To be worn on, or cover, the human body.
However, body armor does not include the following articles:
- A helmet;
- An anti-ballistic or anti-fragmentation article designed for sight or hearing
protection;
- A vest or plate carrier designed to hold anti-ballistic or anti-fragmentation protection but without the anti-ballistic or anti-fragmentation protection included in the vest or plate carrier.
Under section 3, what is the definition of a controlled weapon?
• A knife or axe, other than a knife or axe that is a prohibited weapon; or
• An article that is prescribed by regulation to be a controlled weapon.
Under section 3, what is the definition of an offensive weapon?
• Means an article:
○ Made or adapted to cause damage to property or to cause injury or fear of injury to a person; or
○ by which the person having it intends to cause damage to property or to cause injury or fear of injury to a person;
• But does not include a prohibited weapon, controlled weapon or body armor.
Under schedule 1 and 2 of the Weapons Control Regulations Act 2001, what are the controlled and prohibited weapons?
• There are far too many to list here. Please have a read through the learner guide or the act.
The learner guide has pictures.
ls a spear gun a prohibited weapon?
No
ls a sword a prohibited weapon?
No
Under section 12, what persons are exempt from the prohibition of weapons and body armor?
A correctional officer
A member of the Defense Force
A Police Officer
An Officer of Customs.
A member of the Australian Protection Service
Is a payroll guard exempt from the prohibition of weapons and body armor?
No, they must apply to use them.
Can you possess a knife while fishing?
Yes
FILL THE GAPS - Section 7
Controlled Weapons
A person must not, without lawful excuse, proof of which is on the person, possess, carry or use a controlled weapon in a public place or school.
FILL THE GAPS - Section 7A Persons Under 18 Years of Age -
A person under 18 years of age must not possess, carry, or use a weapon mentioned in section 11A
Section 7A refers to Section 11A. This is for reference…
Section 11A
Supply of crossbow or other controlled weapon to person under 18 years of age
A person must not supply any of the following weapons to a person who is under 18 years of age
(a) a crossbow that is a controlled weapon;
(b) any other controlled weapon prescribed by regulation for this section.
Under section 4(1), what items are exempt from the Firearms Act 1997?
A person who is a member of the Defense Force mentioned in Part 3, Division 1 of the Defense Act 1903 (Cth) who is using a firearm that is the property of the Force for purposes concerned with the Force; or
An explosive-powered tool or compressed air nailing tool; or
A spear-gun
A pistol designed to be used for life-saving, rescuing, or distress signal purposes
A firearm or a type of firearm mentioned in 9 notice under section 8(1) (b).
Under section 4(4), part 3 and sections 46, 58, 59, 66, 77, 78, 79, 80, 82, and 83 do not apply to or in relation to which people?
In respect of his or her possession or use of a firearm in the course of his or her duty as a or member or officer, these sections to not apply to:
◦ A police officer
◦ A member of the Australian Federal Police
◦ A member of a police force of a State or another Territory
◦ An officer of Customs as defined in section 4 of the Customs Act 1901 (Cth)
◦ A member of the Australian Protective Service
◦ A correctional officer (as defined in section 4 of the Correctional Services Act 2014)
Under section 11, what are the genuine reasons for possessing or using a firearm?
Sports shooting
Recreational shooting or hunting
Primary production
Vertebrate pest animal control
Business or employment
Occupational requirements
Animal protection
Firearms collection
Museum display
Inheritance
Instruction in firearms use and safety
Paintball operator or employee.
Note: vertebrate, NOT invertebrate
Under section 40, when is a permit or certificate of registration automatically revoked?
A license, permit or a certificate of registration is automatically revoked…
On a final domestic violence order, a personal violence restraining order or an order to keep the peace being made against the holder. Or,
On the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act.
Under section 40(1), what happens to a person’s firearms license when a final domestic violence order is made against that person?
That person’s firearms license is permanently revoked.
FILL THE GAPS Section 42(3) and (4)
Suspension by Police Officer or Commissioner
If the person does not comply with the notice, a police officer may, without a warrant
◦ Enter any place the officer reasonably believes the firearm may be found; and
◦ Search the place and seize the firearm.
The police officer may exercise the powers with the assistance and using the force that is reasonably necessary in the circumstances.
Do we have a 28 day cooling off period (l assume this is in relation to license applications under section 10(2), as a 28 day cooling off period is mentioned on page 26 of the learner guide)
Yes
Under section 86, can a person have firearms in their actual possession while under the influence of alcohol or drugs?
No
FILL THE GAPS - Section 46(1) -
Storage and Safe Keeping Requirements
A person in possession of a firearm or ammunition:
◦ Must take all reasonable precautions to ensure that:
It is kept safely; and
It is not stolen or lost; and
It does not come into the possession of a person who is not authorized to possess it; and
◦ Must comply with the storage and safe keeping requirements under this Act that apply to the firearm or ammunition.
FILL THE GAPS Section 95 Police May Request Names and Addresses
A police officer may require a person who is in possession of a firearm or a silencer to state his or her name and address and the person must not:
◦ Refuse or fail to comply with the requirement; or
◦ Give to the officer name that is false in a material particular; or
◦ Give to the officer an address that is not the person’s full and correct residential address.
WEAPONS
What are the provisions of section 19 (Search without Warrant)
(1) Subsection (2) applies in relation to a person in a public place or school if:
(a) a police officer has reasonable grounds to suspect that the person is carrying, or has in his or her possession, a prohibited weapon, controlled weapon, offensive weapon or body armor contrary to this Act; and
(b) The officer informs the person of the grounds for his or her suspicion.
(2) A police officer may without warrant:
(a) search a person to whom this subsection applies for a prohibited weapon, controlled weapon, offensive weapon or body armor; and
(b) search a vehicle, vessel, package or thing in the person’s possession or under the in person’s control for a prohibited weapon, controlled weapon, offensive weapon or body armor; and
(c) Seize and detain a prohibited weapon, controlled weapon, offensive weapon or body armor that the officer finds on the person or on or in the vehicle, vessel, package, or thing
Note: There will likely be a scenario on this section surrounding whether or not you will have the power to search
What kind of weapon would a tree branch be specified as?
Offensive weapon
