Judge-alone trial — possessing a firearm without a licence — whether possession of airgun prohibited — effect of revocation of licence — "arms item" — Arms Act 1983, ss 2, 21, 23, 27, 28, 43, 49A & 66C — Arms Legislation Act 2020 — Criminal Procedure Act 2011, s 147 — Arms Regulations 1992, r 19. The defendant faced a charge of being in possession of an airgun while not being the holder of a firearms licence. He had previously held a licence but the police had revoked it in 2013. The issue for the Court was whether the revocation of the licence did in fact prohibit the defendant from owning the airgun. The Court examined the provisions of the Arms Act as it was when the defendant was charged, prior to amendments coming into force in June 2020. Section 21 provided that airguns are prohibited unless the person is over 18, or between 16 and 18 and the holder of a licence. The defendant was over the age of 18. Section 27 specified that revocation of a licence meant that the licence holder was no longer licensed to possess an airgun by virtue of the licence. However the defendant did not have the airgun "by virtue of the licence", because being over 18 he was not required to have a licence to own an airgun. Finally s 28 listed the items that the holder of a revoked licence was required to turn over to the police, but made no mention of airguns (although airguns are covered under the newly-amended s 28). The Court found that under the Arms Act, at the time that the defendant was charged, it was not unlawful for a person whose firearms licence had been revoked to be in possession of an airgun. The charge was dismissed. Judgment Date: 1 September 2020