05-21 Firearms

Question 1

What is the Rationale?

Answer 1

The investigation of firearm offences and gun violence is a priority of the Toronto Police Service (Service). The increased availability of firearms, and the potential for their use in criminal offences, is a significant concern to the community and to the Service. This procedure provides the best practices for the investigation of offences involving firearms, focusing on the need for the safety of victims, witnesses, the general public and police officers.

Question 2

Supervision

Answer 2

 Supervisory Officer mandatory attendance when using the authority of ss.117.02(1) or ss.117.04(2) of the Criminal Code to search for firearms, offensive weapons, ammunition or explosive substances

Question 3

Procedure -
Organized Crime Enforcement – Integrated Gun & Gang Task Force (IGGTF) is responsible for the identification and arrest of criminal gunmen and the identification, arrest and dismantling of any gang, criminal organization, or crime group or its members responsible for violent criminal activity within the community, primarily focusing on

Answer 3

illegal firearms, drugs and crimes of violence. The IGGTF operates twenty four (24) hours, seven (7) days a week.

Question 4

Procedure - The IGGTF – Firearms Enforcement Unit (FEU) is mandated to

Answer 4

identify and take enforcement action against persons involved in the illegal movement of firearms, ammunition and explosives. This includes the offences of smuggling, trafficking and the possession of “crime guns”.

Question 5

Procedure - Firearms Enforcement Unit – Firearms Investigation & Analysis Unit (FIAU) will streamline firearm investigations and ensure that there is a ______. FIAU screens all firearms, ammunition and casings seized by the Service. FIAU will designate if firearms are ______. Firearms deemed to be criminal will be examined, which includes _________. Examiners also provide expert testimony in court. All firearms, ammunition, projectiles and casings brought into the custody of the Service will be screened through the _____ or their designate.

Answer 5

standard process for investigation and accountability

criminal or non-criminal

verifying, forensic testing, test firing and Integrated Ballistics Identification System (IBIS) testing

Detective at FIAU

Question 6

Procedure - Members of FIAU are available to assist with all enquiries concerning possession of a firearm _____. They are also available to assist with investigations involving weapons ______. Beyond regular business hours, an FEU/FIAU member can only be contacted through the on-call IGGTF.

Answer 6

licence, authorization to transport, authorization to carry or permits held by an individual

seizures, illegally possessed firearms and investigations relating to businesses in the City of Toronto involving the use, sale and storage of firearms and related products

Question 7

Procedure - IGGTF will attend scenes/units to debrief arrested persons in possession_____ Intelligence – Gang Unit will attend units to ____ known gang members.

Answer 7

of/or firearm related offences.

de–brief

Question 8

Procedure - In addition, all firearms and ammunition seized during an investigation will either be:

Answer 8

 seized by members of IGGTF if they attended the scene/division
 submitted by investigating officer to the divisional DLMS in compliance with Procedure 09–03;
 seized on scene by Forensic Identification Services (FIS) and forwarded to FIAU for testing and further investigation, as required.

Question 9

Procedure - The IGGTF SHALL be notified and will attend all firearm–related _____ scenes. The IGGTF investigator SHALL consult and assist_____, as required.

Answer 9

homicide, Specialized Criminal Investigations – Homicide

Question 10

Procedure - This Procedure is in two (2) parts

Answer 10

 the firearms investigation and intake process
 the investigation of all illegally possessed firearms.

Chapter 5, Appendix A outlines the type of information that should be obtained when determining whether there are REASONABLE GROUNDS for BELIEVING that there is a threat to safety when preventing or responding to occurrences involving firearms.

Due to the risks inherent in investigations involving firearms, officer safety remains a primary consideration when conducting such investigations.

Question 11

Search and Seizure - Officers SHALL familiarize themselves with Part III of the Criminal Code (CC) in order to utilize all available powers of search and seizure with and without warrant relative to

Answer 11

 firearms
 firearm authorizations
 firearm permits
 firearm licences
 prohibited devices
 prohibited weapons
 restricted weapons
 explosive substances
 ammunition.

Question 12

Prohibition Orders -
In addition to exercising the relevant search and seizure authorities during investigations involving firearms, police officers SHALL seek

Answer 12

prohibition orders where it is in the interest of public safety that individuals not have possession of, or access to, weapons.

Question 13

Illegally Possessed Firearms -
FIAU is available to provide expertise and assistance in the course of investigations into

Answer 13

illegally possessed and/or large seizures of firearms. Beyond regular business hours, an FEU/FIAU member can only be contacted through the on-call IGGTF.

Question 14

Illegally Possessed Firearms - Firearms Investigation & Analysis Unit will act as liaison with the ______ on behalf of the Service in all matters relating to the tracing of firearms and will ensure that copies of all trace requests are forwarded to _____ in a timely manner. Prolonged or multi–jurisdictional tracing investigations SHALL become the responsibility of FEU following consultation with the local investigator.
 ALL firearm trace submissions SHALL be submitted by ____.

Answer 14

Provincial Firearms Tracing and Enforcement (FATE) Unit

Criminal Intelligence Service Ontario (CISO) - FATE

FIAU only

Question 15

CFS Evidence Web-Submission System - All submissions to the Centre for Forensic Sciences (CFS) are now made through the

Answer 15

CFS Evidence Web-Submission System. Service members will submit evidence forms online via the interactive web application; obtain submission approval, packaging labels and track submission status. The system requires all evidence to undergo an online pre-submission review, resulting in notification of which items are approved for submission to CFS

 ALL firearm submissions for testing SHALL be completed through FIAU only.

Question 16

Firearms Offences - Police Officer - Before entering into an investigation into stolen or smuggled firearms SHALL be knowledgeable in the

Answer 16

search and seizure provisions of the CC relating to firearms.

Question 17

Firearms Offences - Police Officer - When responding to an incident involving the alleged use of, or possession of firearms, restricted and prohibited weapons or explosive substances SHALL

Answer 17

 comply with Procedure 10–05 where the incident is considered high risk due to the confirmed use or presence offirearms
 conduct a thorough investigation
 conduct a Person Query, including a CPIC and Canadian Firearms Registry On–line (CFRO) check
 determine whether any of the individuals involved in the incident own, possess or have access to weapons,
firearms, ammunition, explosives or the related authorizations, licences, certificates or permits, regardless of whether sufficient grounds exist to lay a charge against the individual
 Members at FIAU can assist officers to obtain information as to whether the involved person possesses a firearm licence, authorization, registration certificate or permit.
 assess whether there are REASONABLE GROUNDS for believing there is a threat to safety by obtaining the type of information outlined in Chapter 5, Appendix A
 consider all powers of search and seizure, with or without warrant and, where applicable, seize any offensive weapon, firearm, ammunition, explosive, prohibited weapon, restricted weapon, firearm licence, authorization, registration certificate or permit
 record the actions taken in the memorandum book and the eReport

Question 18

Firearms Offences - Police Officer - When a suspect is arrested for offences relating to firearms (including stolen, smuggled, registered or unregistered firearms) or ammunition and explosives SHALL

Answer 18

• immediately contact IGGTF by telephone and consult with a member for advice and/or assistance in the investigation
   The IGGTF operates twenty four (24) hours, seven (7) days a week. An on–call IGGTF investigator may be contacted through the TPOC, if necessary.
  All submissions to the Centre for Forensic Sciences (CFS) are now made through the CFS Evidence Web Submission System. Service members will submit evidence forms online via the interactive web application; obtain submission approval, packaging labels and track submission status. The system requires all evidence to undergo an online pre-submission review, resulting in notification of which items are approved for submission to CFS
   conduct inquiries into the offender, family members, or any other person who may reasonably provide information whether weapons, firearms, ammunition or explosives are available to the offender
   determine if the offender, family members, or other associates possess the necessary authorizations, licenses, certificates or permits for the possession or purchase of a firearm or restricted weapon, or have been denied any of these

Question 19

Firearms Offences - Police Officer - When handling any firearm SHALL

Answer 19

 ensure it is proven safe
 if the firearm cannot be proven safe, contact Specialized Emergency Response – Emergency Task Force (ETF) or FIAU for assistance prior to transporting the firearm to a police facility
 No firearm SHALL be modified, cut or dismantled for the purpose of proving it safe, without authorization from the Detective at FIAU or designate.
 be mindful of DNA and fingerprint evidence that may be present on the firearm
 not test–fire weapons for the purposes of criminal prosecutions
 Only members of FIAU may test–fire weapons.

Question 20

Firearms Offences - Police Officer - When seizing fire arms related to amnesty programs or fire arms surrendered for destruction that do not warrant further criminal investigation, or with imitation/replica firearms and replica explosives/ammunition seizures SHALL

Answer 20

 comply with Procedure 09–03 NIP
 complete the applicable eReports
 ensure all TPS 403 including the mandatory synopsis and TPS 405 are scanned into the applicable eReports prior to the end of shift

Question 21

Firearms Offences - Police Officer - When seizing or receiving any firearm or replica SHALL

Answer 21

 conduct a thorough investigation
 comply with the search and seizure provisions of Part III of the CC concerning any warrants, orders or returns
 comply with Procedures 02–19, 04–21, and/or 09–03
 complete a TPS 403 including mandatory synopsis & TPS 405, recording all applicable information including
‒ the pertinent details regarding the seizure of the firearm
‒ the eReport number
‒ if prints and/or DNA testing is required, ensure the applicable boxes are selected
 ensure all TPS 403 including mandatory synopsis and TPS 405 are scanned in the applicable eReport prior to the end of shift
 prepare TPS 240 to be included with the firearm
 maintain continuity of the firearm and seal the box containing the firearm
 protect for forensic analysis as required
 When officers from Specialized Criminal Investigations – FIS attend active crime scenes involving firearms, they will seize or receive all firearms, ammunition, casings and projectiles. Members of FIS will turn the seized items over to the Laboratory Section of FIS for identification testing and examination. The seized items will then be forwarded to FIAU for further testing, analysis and investigation. A CFS Evidence Web-Submission will only be completed by the FIAU investigator and submitted with the seized items to the CFS.
- immediately consult with a member of IGGTF after arresting any person in possession of a firearm or seizing any firearm, prohibited device, ammunition or explosives
- complete the applicable eReports
 All submissions for testing SHALL be completed through FIAU. Explosives SHALL be handled by
the Emergency Management & Public Order – Explosive Disposal Unit (EDU).

Question 22

Firearms Offences - Police Officer - When involved in a large seizure of firearms or ammunition SHALL contact a member of _____ to make arrangements for assistance with the seizure.

Answer 22

FIAU

Question 23

Firearms Offences - Police Officer - When involved in the seizure of any licence, authorization, permit, or registration SHALL

Answer 23

 provide the eReport number to FIAU
 lay the appropriate charges where REASONABLE GROUNDS exist

Question 24

Firearms Offences - Police Officer - In all cases involving violence, threats or weapons or in which escalation appears to be a likely consequence SHALL consider seeking a

Answer 24

prohibition order under the CC or seeking a revocation under The Firearms Act.

Question 25

Firearms Offences - Police Officer - Where a court–ordered prohibition is in effect SHALL

Answer 25

 consider seeking an extension of an existing order
 assess the potential access to firearms through family, friends and acquaintances and seek appropriate
restrictions

Question 26

Firearms Offences - Police Officer - When using the authority of ss.117.04(1) or 117.04(2) of the CC to search for firearms, offensive weapons, ammunition or explosive substances SHALL

Answer 26

 request the attendance of a supervisory officer
 seek the assistance of FEU concerning warrants, reports and orders, if required
 comply with Procedure 02–17
 comply with Procedure 02–18 when executing a search warrant
 comply with Procedure 02–19 when property is seized during the execution of a search warrant
 file an application for a disposition hearing under ss. 117.05 CC within thirty (30) days of any seizure made under ss. 117.04 CC

Question 27

Firearms Offences - Police Officer - When commencing a show cause hearing for firearm related offences SHALL

Answer 27

 complete and submit TPS 296
 comply with Procedure 01-15

Question 28

Firearms Offences - Supervisory Officer
When attending an incident relating to a firearm offence SHALL

Answer 28

 assume responsibility for the safe and efficient search of the premises
 ensure all powers of search and seizure have been considered
 ensure appropriate units have been notified (e.g. IGGTF, FIS, ETF)
 All submissions for testing SHALL be completed through FIAU.

Question 29

Firearms Offences - Divisional/Unit Investigator - When assigned to an investigation regarding a firearms offence SHALL

Answer 29

 comply with items 1 through 12
 commence show cause proceedings in compliance with Procedure 01–15, where appropriate
 ensure TPS 296 has been completed and submitted
 whenever possible, consult with the victim when determining required bail conditions, particularly with intimate partner violence/stalking cases
 when notified that the courts have ordered the return of a firearm to an offender, ensure the victim is advised,
where possible
 where the release of information to the victim or the general public is warranted comply with Procedure 17–04
 notify the victim, FIAU and the original police officer on the status of any hearing
 when a suspect is arrested for offences relating to weapons, firearms, ammunition, explosives or a prohibited device, ensure IGGTF has been contacted for advice and assistance in the investigation
 for the purposes of criminal prosecutions, ensure that all firearms being submitted for testing are submitted
through FIAU
 Members of FIAU will prepare and submit all submissions to the CFS.
 notify FIAU via e–mail (Firearm.Analysis@torontopolice.on.ca) of any preliminary hearings or trial dates to allow reasonable time for them to conduct the testing of unmodified firearms for classification and operational purposes in relation to all court proceedings.
 The FIAU investigator will forward the firearms reports and certificate of analysis to the respective case manager ONLY upon request.
 determine if the offender is a Public Agent as defined within the Firearms Act section of the CC
 if the offender is a Public Agent, consider restricting access to firearms at the respective ‘Public Service Agency’ and notify FEU

Question 30

Firearms Offences - Divisional/Unit Investigator - Upon notification of eReport follow-up for DNA/fingerprint identification and/or IBIS linkage SHALL

Answer 30

 complete the required investigative follow-up
 request appropriate extension period in consultation with Detective Sergeant if unable to follow-up within fourteen (14) days
 document the results on the supplementary eReport and attach to the original general occurrence detailing either
 the investigative action taken; or
 no action required, and re-submit to Detective Sergeant for approval
 If the follow-up is not actioned within fourteen (14) days and no extension was requested eReport will show “overdue”
 If the follow-up is not actioned after thirty (30) days notification will be sent to the case managers Unit Commander

Question 31

Firearms Offences - Officer in Charge - Upon receipt of an eReport and TPS 403 relating to an illegally possessed firearm coming into police custody SHALL ensure

Answer 31

 if prints/and or DNA testing is required the submitting officer has selected the applicable box on TPS 403  the submitting officer has included TPS 240 with the firearm
 compliance with Procedure 09–03 regarding the submission of the firearm to the Property & Video Evidence Management Unit
 ensure the eReport number is recorded on the TPS 403 and any other property reports
 ensure TPS 403 including mandatory synopsis and TPS 405 are scanned into the related eReport
 IGGTF has been notified

Question 32

Firearms Offences - Officer in Charge – Toronto Police Operations Centre - Upon being notified of a call for service relating to a confirmed shooting SHALL ensure notification of

Answer 32

 Intelligence Services
 Public Safety Response Team
 Integrated Gang and Gun Task Force
 Victim Services Toronto has been notified, or during non-office hours, notify the on-call Victim Services personnel

Question 33

Firearms Offences - Member – Organized Crime Enforcement – Integrated Gun and Gang Task Force – Firearms Investigation & Analysis Unit - Upon receipt of a seized firearm SHALL

Answer 33

 determine what firearm examinations are required
 ensure the firearm is thoroughly examined and that all identifying marks are noted
 ensure the firearm is tested for court purposes, if required
 complete a FATE Trace form and forward the request to the CISO - FATE
 complete a TPS 240 and forward to FIS with related items, as required
 when a serial number has been removed, altered or obliterated from a firearm, ensure a serial number restoration is performed if required.
 FIS/FIAU technicians have been certified to perform serial number restoration procedures. Only FIAU and FIS members, in consultation with the investigating officer, SHALL determine what form of testing on a firearm is required.
 complete a CFS Evidence Web-Submission
 and forward to the CFS with related items, as required

Question 34

Firearms Offences - Investigator – Organized Crime Enforcement – Integrated Gun and Gang Task Force –– Firearms Investigation & Analysis Unit - Upon being notified of a large firearm seizure as a result of an arrest or criminal investigation SHALL

Answer 34

 contact the investigating officer/case manager involved as soon as practicable and provide assistance with the investigation
 ensure the seizing officer, division or unit has prepared the applicable TPS 403 and TPS 405
 when available, attend at the unit and take possession of the seized items
 transport the seized items to FIS and/or FIAU and secure in the designated location
 ensure all pertinent information is forwarded to the FIAU Detective

Question 35

Firearms Offences - Investigator – Organized Crime Enforcement – Integrated Gun and Gang Task Force –– Firearms Investigation & Analysis Unit - Upon being notified by CFS of IBIS linkage SHALL

Answer 35

 generate fourteen (14) day eReport follow-up that is sent to investigating officer/case manager
 ensure CFS report is scanned into the original eReport

Question 36

Detective Sergeant – Organized Crime Enforcement – Integrated Gun & Gang Task Force – Firearms Enforcement Unit - When assigned as the Detective Sergeant – FEU SHALL

Answer 36

 ensure liaison is maintained with, and all possible assistance is given to, divisional investigators dealing with firearm investigations, investigations into firearms trafficking and/or smuggled firearms and investigations into illegally possessed firearms
 assume the lead in multi–jurisdictional investigations into firearms trafficking and/or smuggled firearms after
consultation with the divisional investigator

Question 37

Member – Detective Operations – Forensic Identification Services – Lab - Upon receipt of a firearm, projectile, casing or any other firearm related item submitted for serial number restoration
and/or prints and DNA SHALL advise the

Answer 37

submitting officer of the anticipated time of completion.

Question 38

Member – Detective Operations – Forensic Identification Services – Lab - Upon completion of the serial number restoration and/or prints and DNA process SHALL

Answer 38

 provide a written report to FIAU
 forward the submitted items to FIAU for further testing, analysis and investigation
 update the applicable eReport, and generate a follow-up, if required

Question 39

Definitions - Crime Gun

Answer 39

means any firearm that has been used or suspected to have been used in a criminal offence; any firearm that is obtained, possessed, or intended to be used to facilitate criminal activity; any firearm that has had a serial number removed, altered or obliterated; any weapon that has been adapted for use as a firearm.

Question 40

Definitions -
Firearms Investigation & Analysis Unit (FIAU)

Answer 40

means the part of the Organized Crime Enforcement – Integrated Gun & Gang Task Force – Firearms Enforcement Unit, responsible for the verification, testing and tracing of all seized firearms and related components including crime scene evidence. FIAU consists of firearm experts who testify in all levels of court, as required. The unit can also assist with expert opinion with respect to video/image analysis and coded language investigations.

Question 41

Definitions - Firearms Enforcement Unit (FEU)

Answer 41

means a section of Organized Crime Enforcement – Integrated Gun & Gang Task Force, responsible for investigations into incidents of firearms trafficking and smuggling.

Question 42

Definitions - Illegally Possessed Firearm

Answer 42

means any firearm that
 is not legally registered in Canada, or
 has been reported stolen, or
 is being unlawfully possessed, or
 is used in a crime, or
 is suspected to have been used in a crime.