Originally Posted by
gmm
4BGeneral conditions of firearms licence
(1)
Every firearms licence is subject to the conditions that the holder of a firearms licence must,—
(a)
when using a firearm, act in a way that does not pose a risk to themselves or others; and
(b)
produce any firearm that the licence holder is carrying to a member of the Police on demand; and
(c)
permit a member of the Police to inspect all firearms in the licence holder’s possession, the place or places where the firearms are or will be kept, and the place or places where the ammunition is or will be kept, and, for those purposes, to enter at all reasonable times upon the premises where that place or those places are situated; and
(d)
permit a member of the Police to inspect the security arrangements in any vehicle used by the holder to transport the licence holder’s firearms; and
(e)
inform a member of the Police if, after the issue of the licence, any of the circumstances described in section 24A(1) apply to the licence holder; and
(f)
inform a member of the Police if their health practitioner changes, and provide updated details of the name and contact details of their health practitioner.
(2)
Subsection (1)(f) does not apply to a holder of a firearms licence who is a visitor.
(3)
It is the duty of every member of the Police exercising any power conferred by subsection (1)(c) or (d)—
(a)
to give at least 7 days’ notice of the proposed inspection under subsection (1)(c) or (d); and
(b)
to identify themselves to the holder of the firearms licence; and
(c)
to tell the holder of the firearms licence that the power is being exercised under subsection (1)(c) or (d), as the case may be; and
(d)
if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.
(4)
Subsections (1)(c) and (3) are subject to section 31A if the licence bears an endorsement made under section 30 or 30B.
Hi everyone.
The answer to the question of the right to inspect is in the legislation, all online and there for everyone to read. It is not a right to search only inspect as outlined within the acted and therefore limited to inspection only.
it's clear under this section that Police must give 7 days' notice of an inspection under section 24A (3) and this specifically relates to 24B (1) (c) and (d). This act sets out the obligations of the firearms license holder and the Police.
You have the right under the legislation to be given a minimum of 7 days' notice of an inspection. If there is no associated offence and the Police are relying solely on the Arms Act then any search without a warrant within 7 days is unlawful.
I am always surprised that many hunters have not taken the time to read the Arms Act and understand where the real danger lays with in the amended act. If you look at what is now included under section 24A, fit and proper person, it lists offences against the Game Animals council Act 2013, the Wildlife Act 1953 and the Wild Animals Control Act 1977, directly relating to hunting.
If your concerned about search without warrant under the Arms Act take the time to read these 3 acts and see how much power officers and authorized person have to search without warrant.
Evert hunter should have knowledge of the 3 acts as they allow you to hunt, it actually quite interesting.
Offences against these acts can be used to revoke your firearms license. The inclusion of offences contained with the 3 acts are specifically referenced in the Arms Act and you have to ask why, when the offending which led to the legislative change had no relation to hunting. When you read these acts, they are hunter and fisher specific.
The key to understanding legislation is to read the interpretations at the start of the Act as that is the legal definition of what is included in the act, which is often different to what you and I may think.
The provisions in the 3 acts give the authorized persons and the Police a very board range of powers to search without warrant.
Happy reading.
Bookmarks