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Relevant bibliographies by topics / Firearms Law and legislation Victoria

Academic literature on the topic 'Firearms Law and legislation Victoria'

Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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Journal articles on the topic "Firearms Law and legislation Victoria"

1

Mauser, G. A., and M. Margolis. "The Politics of Gun Control: Comparing Canadian and American Patterns." Environment and Planning C: Government and Policy 10, no. 2 (June 1992): 189–209. http://dx.doi.org/10.1068/c100189.

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In this paper two questions are asked: To what extent do the Canadian and US publics differ in their beliefs about firearms-control legislation, and to what extent do these differences help to account for the stricter firearms legislation found in Canada? Surveys indicate that Canadians and Americans have remarkably similar attitudes towards firearms and gun control. Linear regression is used to analyze the factors that underlie the popular support for (or opposition to) stricter gun-control legislation. It is found that, with respect to support for gun control, cultural differences between Canadians and Americans are overshadowed by socioeconomic variables, such as gender and gun ownership. The similarities in public attitudes between Canadians and Americans suggest that the explanation for stricter firearms legislation in Canada lies more with the differences in political elites and institutions than with differences in public opinion. The differences in public attitudes in the two countries are insufficient to explain the stark contrast in firearms legislation.

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Ponikarov, Vladimir A. "Criminal-Legal and Penal Enforcement Regulation of the Use of Firearms by Employees of the Penitentiary System of Russia." Penitentiary science 15, no. 1 (March 31, 2021): 171–75. http://dx.doi.org/10.46741/2686-9764-2021-15-1-171-175.

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Introduction: the paper investigates criminal and penal enforcement inconsistencies in the legislative regulation on the use of firearms by the staff of the penal system in their official activities. Legal details consist in the fact that we put forward scientifically substantiated proposals to reform criminal-legal and penal enforcement aspects associated with the use of firearms by employees (guns, submachine guns, rifles, which are operated by the Federal Penitentiary Service of Russia). We analyze Article 86 of the Criminal Code of the Russian Federation, which establishes relevant security measures. We also consider the practice of foreign countries related to this problem. Aim: to investigate the criminal-legal and penal enforcement aspects related to the use of firearms by staff of the penal system for example, in relation to convicts. Methods: we use dialectical method as methodological and theoretical basis for the study, and deductive method to analyze the norms of the Criminal Code of the Russian Federation regarding the use of firearms. We also use systematized methods to study articles of the Criminal Code and the Penal Enforcement Code. They help to classify the legal facts that establish the legal right of staff to use firearms. We use empirical methods of mastering in order to improve penal officers’ performance in the use of firearms. The article presents the results of a survey of 318 employees. Results: we have investigated the essence of criminal-legal relations in terms of the use of firearms by employees of the penal system; we have also studied the practice of implementing the norms concerning the use of firearms by law enforcement officers; we propose a theoretical model for improving criminal legislation related to the use of firearms In addition, we provide scientifically substantiated ideas and empirical studies aimed at improving criminal and penal enforcement legislation on the use of firearms. Research findings of our paper include new ideas concerning the use of firearms within the boundaries of criminal and penal enforcement legislation (we suggest that the foundations associated with the use of firearms should be contained in the Criminal Code of the Russian Federation). Key words: criminal legislation; penal enforcement legislation; use of firearms; legal facts; legal relations; security measures; Federal Penitentiary Service of Russia; penal enforcement system.

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Danуlevskyі, Andrіy. "FULFILLMENT OF UKRAINE'S INTERNATIONAL LEGAL OBLIGATIONS IN THE FIELD OF CRIMINALIZATION OF ILLEGAL TREATMENT OF FIREARMS IN THE CONTEXT OF REFORMING CRIMINAL LEGISLATION." Law Journal of Donbass 76, no. 3 (2021): 108–14. http://dx.doi.org/10.32366/2523-4269-2021-76-3-108-114.

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The article analyzes the compliance of the current criminal legislation of Ukraine with the provisions of international regulations in the field of illicit handling of firearms, in particular the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Components and Ammunition, as amended by the UN Convention against transnational organized crime. Based on the analysis, it is concluded that the current criminal legislation of Ukraine does not fully comply with the provisions of these acts and needs to be amended. In particular, it is pointed out that criminal acts involving illegal handling of smooth-bore hunting weapons, criminalization of illegal handling of the main parts of firearms, etc. are referred to as criminal offenses. It is noted that in terms of its properties and level of public danger, smooth-bore hunting weapons are not inferior to rifles, and the lack of criminal liability for illegal handling of such weapons is a tribute to the times when it was in free circulation.Attention is drawn to the fact that international law requires the criminalization of illicit trafficking in firearms components, but national law provides for criminal liability only for the smuggling of firearms. It is expedient to criminalize the circulation of only the main parts of firearms, as they are necessary for its operation, handling of non-essential parts that are designed to improve the appearance of firearms, their ergonomics, comfort, adaptation to anatomical features of the owner, adaptation to certain tasks. does not pose a significant public danger, and therefore does not require criminalization. It is believed that the objective aspect of the criminal offense under Article 263-1 of the Criminal Code of Ukraine does not cover the destruction of firearms markings, as required by international law, although such an act is socially dangerous because it does not allow the identification of weapons. It is concluded that in order to bring the national legislation in line with the said protocol, it is necessary to: criminalize the illegal handling of smooth-bore hunting weapons, the main parts of firearms; to envisage as a separate act in Article 263-1 of the Criminal Code of Ukraine the destruction of the marking of firearms.

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Fine, J. David. "Issues in firearms control: a critique of the 1985 New South Wales legislation." Australian & New Zealand Journal of Criminology 18, no. 4 (December 1985): 257–71. http://dx.doi.org/10.1177/000486588501800406.

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New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms. This article identifies the policy preferences implicit in the 1985 New South Wales law. It then proceeds to critique these policy decisions with reference to patterns of law (present and emerging) in the country's other jurisdictions, and the relevant secondary literature in the field. While concluding that the newly amended New South Wales legislation remains “functional and purposive”, on the whole, the article ends with a problematic for the future. VII. And be it further enacted, That every person who shall be found with any fire-arms, or other instruments of a violent nature, in his possession, and shall not prove to the satisfaction of the Justices of the Peace as aforesaid, that the same was or were not intended to be illegally used, as hereinbefore is provided, shall be deemed to be guilty of a high misdemeanour, …A

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Alimov, A. А., and S. A. Yunusov. "The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice." Law Нerald of Dagestan State University 39, no. 3 (2021): 136–43. http://dx.doi.org/10.21779/2224-0241-2021-39-3-136-143.

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The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

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Serhieieva, Diana, Maryna Kulyk, Polina Antoniuk, Sergii Marko, and Nataliia Isagova. "Firearms as a means of committing criminal offenses." Cuestiones Políticas 40, no. 74 (October 25, 2022): 148–59. http://dx.doi.org/10.46398/cuestpol.4074.07.

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The article analyzes the current legislation on weapons and the opinion of scientists on firearms, ammunition, explosives or explosive devices. The fundamental importance of firearms in the forensic characterization of crimes is emphasized. It is noted that firearms are goods subject to a special regime of regulation, which can be carried out only by the Law of Ukraine. It is a particular type of weapon intended for attack, defense or sound signals, which is set off by the energy of gunpowder combustion gas. The authors’ definition of firearms is given and the characteristic features of ammunition, explosives and explosive devices are highlighted. It is concluded that, for the purpose of legislative regulation of relations arising during the circulation of civilian firearms, as well as similar to weapons and ammunition products, in particular, to avoid free interpretation of the assessment of the actions of a person involved in crimes with the use of weapons, the development of a corresponding law comprehensively regulating this criminal methery is needed.

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Ptaschenko, D. "CRIMINAL AND LEGAL CHARACTERISTICS OF THE APPLICATION OF FIREARMS BY CIVILIAN PERSONS DURING MARTIAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 69–73. http://dx.doi.org/10.17721/1728-2195/2022/2.121-12.

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In the article the problems of criminal-legal qualification of the use of firearms by civilians during martial law have been studied. It is concluded that the normative regulation of the use of firearms by civilians in the participation in repulse and deterrence of armed aggression has a number of problematic aspects of both of technical as well as legal and substantive nature, including those of legal liability for criminal offenses that directly correspond to the use weapons (primarily the legal composition of the crime, the specific part of which is provided for in Part 1 of Article 263 of the Criminal Code of Ukraine). It has been concluded that it is expedient to clarify the regulatory legislation regarding the use of firearms, namely: to supplement the provisions on the forms of acts provided for in Part 1 of Article 263 of the Criminal Code of Ukraine. Prior to the proposed legislative changes, the criminal law assessment of the legality of acts that do not fall under the term "use of firearms" should be decided in the context of the provisions of the Procedure for obtaining firearms and ammunition by civilians involved in repelling and deterring armed aggression of Russian Federation and / or another state, approved by the Order of the Ministry of Internal Affairs of Ukraine of March 7, 2022 № 175 (hereinafter – Procedure № 175) and Section VIII "Circumstances precluding criminal illegality of the Criminal Code of Ukraine" of the Criminal Code of Ukraine 1 of the Criminal Code of Ukraine). Keywords: martial law, use of firearms, obtaining firearms, handling of weapons, ammunition.

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Bienert, Anja. "Action, Not Just Words: The Practical Implications of Human Rights Law for the Use of Force and Firearms by Law Enforcement Officials." Security and Human Rights 27, no. 1-2 (July 13, 2016): 200–220. http://dx.doi.org/10.1163/18750230-02701002.

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The author discusses the areas to be addressed if international human rights rules and standards applicable to the use of force and firearms are not to remain merely a theoretical concept, but are to be implemented in daily policing practice. These areas are the domestic legislation that must be formulated in conformity with international human rights law and the operational framework to be established by the command leadership of a law enforcement agency, including: operational policies and instructions for the use of force and firearms; the appropriate choice for equipment and weapons including instructions as to their use; practical scenario-based training of law enforcement officials that must seek to develop the skills and competencies required for daily policing work; and an effective system of accountability, in particular for unlawful use of force.

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Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.

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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.

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Prindani, Tubagus Ami, Imam Subandi, Marthinus Hukom, and Fayreizha Destika Putri. "HUMAN RIGHTS AND LAW ENFORCEMENT: THE USE OF FORCE IN COUNTER TERRORISM." Diponegoro Law Review 5, no. 1 (April 30, 2020): 124–39. http://dx.doi.org/10.14710/dilrev.5.1.2020.124-139.

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This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?

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Dissertations / Theses on the topic "Firearms Law and legislation Victoria"

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Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.

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Sharpnack, Barrett S. "FIREPOWER BY MAIL: “GUN-TOTING,” STATE REGULATION, AND THE ORIGINS OF FEDERAL FIREARMS LEGISLATION, 1911-1927." Case Western Reserve University School of Graduate Studies / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=case1433579362.

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3

Bash, Richard Meek. "Oregon's Carry Concealed Weapon Laws: A Historical Review of the Right to Personal Protection." PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/1136.

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This thesis reviews many of the historical, constitutional and legal factors behind today's gun control policy and how they relate to the laws governing the carrying of concealed firearms within the state of Oregon. Many legal cases are explored for their impact on the carriage of concealed weapons. A thorough examination was made of the Oregon legislative history behind HB 3470, sponsored by then-House Speaker Vera Katz, which was enacted in July 1989, was effective January 1, 1990, and became the kernel of the snowball passage of CCW (carry concealed weapon) laws within the United States. Statistical tests were conducted and revealed that the passage of the Oregon law did not result in an increased murder rate. The paper concludes by exploring the arguments raised against the concealed handgun licensing law in Oregon. These arguments are found to be both historically inaccurate and statistically inadequate.

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Johnstone, Richard. "The court and the factory the legal construction of occupational health and safety offences in Victoria." Thesis, University of Melbourne, 1994. https://minerva-access.unimelb.edu.au/handle/11343/35672.

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This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution. After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.

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Cheng, Xiaofeng. "Analysis of States Gun Control Restrictions." Scholar Commons, 2002. http://purl.fcla.edu/fcla/etd/SFE0000037.

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Johnson, Wendi Leigh. "Policy innovation and policy transfer in Australia : a retirement village case study." Thesis, Queensland University of Technology, 1998.

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Pretorius, Johan Andries Christoffel. "Privately owned firearms." Thesis, 2012. http://hdl.handle.net/10210/6329.

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M.B.A.
The new Firearms Control Act, 60 of 2000, will affect the law-abiding firearm owner, through the costs involved for possessing firearms, as well as the legal quantity allowed. The aim of this research is to determine how multiple firearm owners and firearm dealers will be affected by the new Firearms Act, 60 of 2000. 1.3. OBJECTIVES The objectives of this study would be the following: - To evaluate the effect on a hunter/sportsman/collector with more than two firearms,' To evaluate the effect on the number of firearms an owner may legally possess, To evaluate cost involved for the owner, What the Firearms Act implies for all, and what effect legal organisations will have on the firearm industry. To establish how the firearm business environment is affected according to the Political-, Economical-, Social-, Technological and Ecological influences on the business strategies

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Pretorius, Johan Andries Christoffel. "Firearms in South Africa." Thesis, 2008. http://hdl.handle.net/10321/465.

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Submitted in fulfillment of the requirements for a Master's Degree in Technology: Business Administration, Durban University of Technology, 2008.
The purpose of this research is to compare the firearm legislation between South Africa and selected countries and to determine if multiple firearm owners and firearm dealers are affected in terms of economics, and changes to their business environment by the new Firearms Act, 60 of 2000.The sub-objectives of this study are as follows: - To compare firearm regulations between countries that were affected by access to firearms and deaths as a result thereof; - To evaluate the economic effect of the legislation on a firearm dealer/dedicated hunter/dedicated sportsman/collector of firearms; - To evaluate the economic effect of the restrictions on the number of firearms an owner may legally possess; - To evaluate the economic impact of the cost involved for re-licensing a firearm; - To establish how the firearm business environment is affected according to the political, economic, social, technological and ecological influences on business strategies. The research does not include firearm owners with hand weapons or individuals with fewer than four firearms. It also excludes South African Police Service and South African Defence Force weapons, as these are not usually provided to the public. The aim of this research is to establish if there is an effect on the dealers and hunters in the firearm industry in South Africa with the advent of the Firearms Control Act 60 of 2000. The world trend changed firearm legislation world-wide and South Africa followed. In the following chapter the global and South African issue is discussed with some of the arguments on why the firearm legislation had to change.

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9

Merkel, William George. "The Second Amendment and the Constitutional Right to Self-Defense." Thesis, 2013. https://doi.org/10.7916/D89C74RS.

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This dissertation analyzes the contextual background, drafting history, text, original understanding, interpretive evolution, and contemporary judicial application of the Second Amendment to the United States Constitution. The dissertation develops the argument that as originally understood, the Second Amendment protected a right to keep and bear arms closely linked to and dependent upon service in the lawfully established militia. Two recent United States Supreme Court decisions, Heller v. District of Columbia and MacDonald v. City of Chicago, depart from this original understanding and recognize a constitutional right to weapons possession for purposes of purely private self-defense - particularly self-defense in the home. The dissertation recognizes that there are grounds for recognizing such a right, and that these include natural law, substantive due process, procedural due process, the Ninth Amendment, and emanations from particular provisions in the Bill of Rights including the Second Amendment. At the same time, the dissertation develops the case that the original public understanding mode of interpretation avowedly applied by the Supreme Court in its recent right to arms decisions relies on untenable "law office" history to justify results not dictated by the text, structure, or original understanding of the Constitution or by prior Supreme Court precedent.

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Bopape, Lesetja Simon. "Analysis of the firearms control measures used by the South African Police Services." Thesis, 2014. http://hdl.handle.net/10500/18525.

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Books on the topic "Firearms Law and legislation Victoria"

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Canadian firearms law. Toronto: Butterworths, 1988.

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Bradley, Iain. Firearms. Edinburgh: W. Green/Sweet & Maxwell, 1995.

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Victoria. Essential commercial legislation, Victoria. Sydney: Law Book Co., 1995.

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Indiana firearms law reference manual. 3rd ed. Indianapolis, Ind: Ciyou & Dixon, 2010.

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Texas, State Bar of. Texas perspectives on firearms law. Austin: State Bar of Texas, 2015.

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Law Library of Congress (U.S.). Global Legal Research Directorate. Firearms-control legislation and policy. Washington, D.C.]: The Law Library of Congress, Global Legal Research Center, 2013.

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Mexico. Federal firearms and explosives law: Regulations of the Federal firearms and explosives law. Tucson, Ariz., U.S.A: C-L-O Services, 1992.

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Institute, Pennsylvania Bar. Estates & firearms. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2011.

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Gutmacher, Jon H. Florida firearms: Law, use & ownership. 3rd ed. Fort Lauderdale, Fl: Warlord Pub., 1995.

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Gutmacher, Jon H. Florida firearms: Law, use & ownership. 4th ed. Orlando, Fla: Warlord Pub., 1998.

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Book chapters on the topic "Firearms Law and legislation Victoria"

1

"Firearms Legislation and the Definition of a Firearm." In Firearms, the Law, and Forensic Ballistics, 31–62. CRC Press, 2004. http://dx.doi.org/10.1201/9780203568224-11.

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"Firearms Legislation and the Definition of a Firearm." In Firearms, the Law, and Forensic Ballistics, Third Edition, 25–64. CRC Press, 2011. http://dx.doi.org/10.1201/b11451-3.

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"Firearms Legislation and the Definition of a Firearm." In Firearms, the Law, and Forensic Ballistics, Second Edition. CRC Press, 2004. http://dx.doi.org/10.1201/9780203568224.ch2.

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Ormerod, David, and Karl Laird. "34. Offensive weapons (additional chapter)." In Smith, Hogan, and Ormerod's Criminal Law, 1135. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0034.

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Legislation regulating the possession and use of firearms and offensive weapons is of major importance in the prevention of offences against the person and there are a number of offences, some of which have existed for many years, which criminalize the unlawful possession of offensive weapons. This chapter discusses these offences. Although they may seem straightforward, these offences have generated a significant volume of case law. Whether an articles is ‘made for’ causing injury requires the jury to consider whether it is of a kind which is, generally speaking, made for such use.

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