Courses / The Firearms Control Act / Lesson 3
Presumptions
When the law presumes it was yours. Lesson 3 of 8 · about 8 minutes to watch.
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Step through the slides. The trainer's words are under each one.
Presumptions
Firearms Act, lesson 3 of 8: when the law presumes it was yours
Today is the first part of your duties: three presumptions in the Act that can count against you in court.
A presumption shifts the evidence
- A rule of evidence in a criminal case
- Certain facts count as enough evidence against you
- Unless other evidence raises a reasonable doubt
A presumption is a rule of evidence. Once you're charged with certain offences, some facts count as enough evidence against you, unless other evidence raises a reasonable doubt. The Act has three: possession in section 117, failure to report in section 118, and failure to take reasonable steps in section 119.
Presumed to possess: section 117
| Where it was found | Presumed yours if you… |
|---|---|
| Residential premises (a flat, hotel or hostel room) | Control them, or are over 16 and live there |
| Land lived on, item buried or hidden | Control the land, work on it, or live on it and are over 16 |
| Other premises | Control them, work there, or control the locker or container |
| A vehicle | Drive it, are in charge, are its only user, or are over 16 and present |
Section 117 applies when someone is charged with an offence where possession matters, and the State couldn't link the firearm to anyone else despite reasonable steps. If it was found in a flat or room you control or live in, on land you control, work on or live on, in other premises you control or work at, or in a vehicle you drive or are in, the law may presume you possessed it unless there's evidence raising reasonable doubt.
A shot fired from a vehicle
- Someone is hurt or killed, or property damaged
- Every driver and passenger is presumed to have taken part
- Unless other evidence raises a reasonable doubt
- Doesn't apply to vehicles for more than 20 passengers
Section 117(3) is a strong one. If a firearm is fired from a vehicle, other than one designed or licensed for more than 20 passengers, and someone is injured or killed or property is damaged, every driver and passenger is presumed to have taken part. Choose who you travel with.
Presumed lost: section 118
- 1Police askProduce your firearm or information
- 27 days passYou don't produce it
- 3PresumedLost, stolen or destroyed, or info withheld
Section 118. If a police official asks you to produce your firearm and you don't within seven days, that's enough evidence it was lost, stolen or destroyed. The same seven days applies to information they ask for. Separately, section 106 requires a licence holder to produce the licence and firearm within seven days on request.
Presumed careless: section 119
- A firearm was brought unlawfully onto your premises or vehicle
- Proof it was brought there is enough evidence
- that you didn't take reasonable steps to stop it
Section 119 affects anyone who owns or controls premises or vehicles. Marike thinks about her farm: if someone brings an unlicensed firearm onto it, proof that it was brought there counts as evidence she didn't take reasonable steps, unless there's evidence raising doubt. Anel asks the room what reasonable steps would look like for their own homes and cars.
What reasonable steps look like
There's no checklist in the Act for reasonable steps; a court looks at what was reasonable in the circumstances. Practical habits help: know what's on your property, set rules for visitors and workers, and report anything unlawful immediately. Under section 120(2) you must report an unlawfully held firearm you know about without delay.
Your turn
Before lesson 4
- Do the exercise: Could a presumption apply?
- Answer four quick questions on this lesson
- List who else has access to your home and vehicle
Before lesson 4, decide in eight situations whether a presumption could apply, and answer four questions. Then think about who else has access to your home and car. Next: offences and penalties.
Do: Could a presumption apply?
In each situation, could one of the Act's presumptions count against the person?
Check
Four quick questions. The reason shows as soon as you answer.
Apply
Where this shows up in your own life.
Write down who else has access to your home and your vehicle, and how you'd know if a firearm were brought in.
Ridgeview Firearms Academy and its people are fictional. This is study material written from the Firearms Control Act and the SAQA unit standards. It isn't an accredited course or legal advice; your accredited training provider runs the official tests.