Arms

Question 1

What are the legal requirements relating to firearms Licence or theft/injury relating to firearm use ?

Answer 1

1. Produce licence on demand
2. If they don’t have the licence on them, they have to produce at a police station within 7 days
3. Notify within 30 days if change of address
4. Report to police in writing, the circumstances of any theft,loss or destruction of firearm
5. If death or injury results from the use of the firearm, report the circumstances to the police as soon as possible

Question 2

What is the definition of a firearm ?

Answer 2

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive

Question 3

What is the definition of a air gun ?

Answer 3

Any rifle or air pistol weapon from which, by the use of gas or compressed air, any shot, bullet, missile, or other projectile can be discharged

Question 4

What is the definition of a pistol ?

Answer 4

Any firearm that is designed or adapted to be held in one hand and includes any firearm that is less than 762mm in length

Question 5

Who may lawfully posses a firearm ?

Answer 5

Anybody over 18

Question 6

Who may lawfully posses a airgun ?

Answer 6

Person between 16-18

Persons over 18 do not need a license to own a airgun

Question 7

How is a firearms licence obtained ?

Answer 7

1.)A person 16 years or over decides they want a firearms licence
(16-18 years: parental permission required
2.) Application for firearms licence lodged with Police
3.) Police conduct inquiries into the applicants suitability
4.) Applicant sits and passes firearms test
5.) Licence issued

Question 8

What does section 40(1) allow you to do ?

Answer 8

Gives you the power to demand the particulars of anyone in possession of a firearm

Question 9

Under section 40 of the Arms Act 1983, what may we demand ?

Answer 9

Every person in possession of any:
-firearm, air gun,pistol or restricted weapon

Shall, on demand, give their:

• Full name
• Address
• Date of birth

Question 10

Under section 40 (2) if they refuse to give particulars what do you / can you do ?

Answer 10

A. Caution the person; and
B. If the person persists in such refusal or fails or continues to fail to give correct particulars, arrest the person without warrant

Question 11

What are our 2 main statutory powers ?

Answer 11

Section 40(1) and (2) Arms Act 1983
Section 18 Search and Surveillance Act 2012

Question 12

What are your statutory powers under Section 18 S.A.S.A ?

Answer 12

• search the person
• search anything in their possession or under their control ( including a vehicle )
• enter a place to search: person, or anything in the persons possession
• seize and detain any arms found
• seize and detain the persons firearms licence

Question 13

What is section 66 Arms Act 1983 ?

Answer 13

Every person in occupation of any land or building, and the driver of any vehicle, on which any firearm, airgun, pistol, imitation firearm, restricted weapon o explosive is found is deemed to be in possession of that thing, unless they prove that it is not their property and that it was in the possession of some other person

• occupier of land/house/property/vehicle
• unless can prove it belongs to another person, the onus is on the occupier
• ” 66 bag of dicks, have to prove back of dicks in your car isn’t yours”