Firearm Offence Elements

Question 1

What are the elements for unlawful carriage OR unlawful possession of firearm:

Answer 1

• Except for some lawful, proper and sufficient purpose
• Carries
  OR
  is in possession of
• Firearm
  OR
  Air gun
  OR
  Pistol
  Etc etc

Question 2

What are the elements for Unlawful possession of a prohibited firearm:

Answer 2

• In possession of
• A prohibited firearm
• Not authorised or permitted to be in possession by the act

Question 3

What are the elements of: Carrying an imitation firearm Section 46, Arms act 1983

Answer 3

• Except for some lawful, proper and sufficient purpose
• Carries
• An imitation firearm

Question 4

What are the elements for: Discharging firearm in or near a dwelling house OR public place

Answer 4

• Without reasonable cause
• Discharges
• A firearm
• In or Near a dwelling house
  OR
  In or Near a public place
• 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

Question 5

What are the elements for presenting a firearm Section 52, Arms Act 1983

Answer 5

1) Except for some lawful and sufficient purpose
2) Presents
3) Firearm
4) at an other person

Question 6

What are the elements for Presenting anything Section 52, Arms Act 1983

Answer 6

1) Except for some lawful and sufficient purpose
2) Presents
3) At any other person
4) Anything
5) In circumstances, is likely to lead that person to believe that it is a Firearm

Question 7

What’s the meaning of possession in relation to firearms

Answer 7

Wider meaning than than just carrying :

• Knowledge of the firearm
• Physical control over the firearm

Question 8

What’s the presumption of possession under section 66 of the Arms Act

Answer 8

If the firearm is in a persons vehicle, land or building they are deemed to be in possession of it UNLESS they prove it was not their property and that it was in the possession of some other person