“On-the-spot” inspection of firearms by police

Offence title:

“On-the-spot” inspection of firearms by police

Act:

59 Firearms Act (NSW)

Offence:

A person who is carrying a firearm or possesses a firearm that is within the immediate vicinity of the person must, on the demand of a police officer at any time, produce for inspection by the police officer:

(a)   the firearm, and

(b)   any licence or permit that authorises the person to possess the firearm.

Penalty:

Fine of 20 penalty units or imprisonment for 12 months, or both.

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

Person A is travelling to the gun shop for repairs when he is stopped by the police but does not have his permit with him and fails, within 6 hours to produce it to the police.

Important note:

Defence:

A person is not guilty of an offence under this section because of failing to produce a licence or permit if the person:

1. has a reasonable excuse for not having the licence or permit when the demand is made, and
2.  produces it, as soon as is practicable (but not more than 6 hours) after the demand for its production is made, to the police officer who made the demand or to another such police officer nominated by the officer.

A person is guilty of an offence under this section only if the police officer, when making the demand, explains to the person that failure to comply with the demand is an offence under this Act.

firearm includes firearm part.