05-21 Firearms Flashcards
Rationale
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.
Supervision
Supervisory Officer mandatory ——–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
attendance
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 illegal firearms, drugs and crimes of violence. The IGGTF operates —————.The IGGTF – Firearms Enforcement Unit (FEU) is mandated to identify and take ———–action against persons involved in the illegal movement of firearms, ammunition and explosives. This includes the offences of ——–, trafficking and the possession of “crime guns
twenty four (24) hours, seven (7) days a week
enforcement
smuggling
Procedure
Firearms Enforcement Unit – Firearms Investigation & Analysis Unit (FIAU) will streamline firearm investigations and
ensure that there is a standard process for investigation and accountability. FIAU screens all firearms, ammunition and
casings seized by the Service. FIAU will designate if firearms are ——or non-criminal. Firearms deemed to be criminal will be examined, which includes verifying, ——— testing, test firing and Integrated Ballistics Identification System (IBIS) testing. Examiners also provide —–testimony in court. All firearms, ammunition, projectiles and casings
brought into the custody of the Service will be screened through the ——at FIAU or their designate.
criminal
forensic
expert
Detective
Procedure
Members of FIAU are available to assist with all enquiries concerning possession of a firearm ——–, authorization to transport, authorization to carry or —— held by an individual. They are also available to assist with investigations involving weapons seizures, illegally possessed firearms and investigations relating to businesses in the City of Toronto
involving the use, ——and storage of firearms and related products. Beyond regular business hours, an FEU/FIAU
member can only be contacted through the ——–.
IGGTF will attend scenes/units to debrief arrested persons in possession of/or firearm related offences. ————will attend units to de–brief known gang members.
licence
permits
sale
on-call IGGTF
Intelligence – Gang Unit
Procedure
In addition, all firearms and ammunition seized during an investigation will either be:
seized by members of IGGTF if they —— 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.
The IGGTF shall be notified and will attend all firearm–related ——-scenes. The IGGTF investigator shall consult and assist Specialized Criminal Investigations – Homicide, as required.
This Procedure is in two (2) parts
the firearms investigation and ——–process
the investigation of all ——–possessed firearms.
attended
homicide
intake
illegally
Procedure
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 ——-remains a primary consideration when conducting such investigations.
safety
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
firearms
firearm a———–
firearm p———
firearm l———
prohibited d——–
prohibited w———–
r——— weapons
explosive substances
ammunition.
firearms
firearm authorizations
firearm permits
firearm licences
prohibited devices
prohibited weapons
restricted weapons
explosive substances
ammunition.
Prohibition Orders
In addition to exercising the relevant search and seizure authorities during investigations involving firearms, police officers shall seek ——orders where it is in the interest of public safety that individuals not have possession of, or access to, weapons.
prohibition
Illegally Possessed Firearms
FIAU is available to provide expertise and assistance in the course of investigations into 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.
Firearms Investigation & Analysis Unit will act as liaison with the Provincial ———————- (FATE)
Unit 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 ————- - FATE in a timely manner. Prolonged or multi–jurisdictional tracing investigations shall become the responsibility of —following consultation with the local investigator.
ALL firearm trace submissions shall be submitted by ——only
Provincial Firearms Tracing and Enforcement (FATE)
Criminal Intelligence Service Ontario (CISO)
FEU
FIAU
CFS Evidence Web-Submission System
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 presubmission review, resulting in notification of which items are approved for submission to CFS.
ALL firearm submissions for testing shall be completed through —- only
FIAU
Firearms Offences
Police Officer
1. Before entering into an investigation into stolen or smuggled firearms shall be knowledgeable in the search and seizure
provisions of the CC relating to firearms.
2. When responding to an incident involving the alleged use of, or possession of firearms, restricted and prohibited weapons or explosive substances shall
comply with Procedure 10–05 where the incident is considered high risk due to the confirmed use or presence of firearms
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 ——can assist officers to obtain information as to whether the involved person possesses a firearm licence, authorization, registration certificate or permit.
FIAU
Firearms Offences
Police Officer
assess whether there are reasonable grounds for believing there is a threat to ——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
safety
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
- 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.
——— 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
conduct
Firearms Offences
Police Officer
- When handling any firearm shall
ensure it is proven safe
if the firearm cannot be proven safe, contact ———
or —– 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 —— 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.
Specialized Emergency Response – Emergency Task Force (ETF)
FIAU
Detective
Firearms Offences
Police Officer
- When seizing firearms related to amnesty programs or firearms surrendered for ——— that do not warrant further
criminal investigation, or with imitation/replica firearms and replica explosives/ammunition seizures shall
comply with Procedure 09–03
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
destruction
Firearms Offences
Police Officer
- When seizing or receiving any firearm or replica shall
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 —— 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
seizure
Firearms Offences
Police Officer
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 ——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
———————-
FIAU
the Emergency Management & Public Order – Explosive Disposal Unit (EDU).
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.
- When involved in the seizure of any licence, authorization, permit, or registration shall
provide the eReport number to FIAU
lay the appropriate charges where reasonable grounds exist - In all cases involving violence, threats or weapons or in which ——-appears to be a likely consequence shall consider seeking a prohibition order under the CC or seeking a revocation under ———–
10.Where a court–ordered prohibition is in effect shall
consider seeking an ———- of an existing order
assess the potential access to firearms through family, friends and acquaintances and seek appropriate restrictions
FIAU
escalation
The Firearms Act.
extension
Firearms Offences
Police Officer
11.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
request the attendance of a supervisory officer
seek the assistance of FEU concerning ——, 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 —— of any seizure made under
ss. 117.04 CC
12.When commencing a show cause hearing for firearm related offences shall
complete and submit TPS 296
comply with Procedure 01-15
warrants
thirty (30) days
Supervisory Officer
13.When attending an incident relating to a firearm offence shall
assume responsibility for the —— 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.
safe
Divisional/Unit Investigator
14. When assigned to an investigation regarding a firearms offence shall
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 ———-,
where possible
advised
Divisional/Unit Investigator
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 —–.
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 ——–.
determine if the offender is a —— Agent as defined within the Firearms Act section of the CC
if the offender is a ——- Agent, consider restricting access to firearms at the respective ‘———’ and notify FEU
CFS
request
Public
Public Service Agency
Divisional/Unit Investigator
15.Upon notification of eReport follow-up for DNA/fingerprint identification and/or IBIS linkage shall
complete the required ——- follow-up
request appropriate extension period in consultation with Detective Sergeant if unable to follow-up within ————-
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 ———- notification will be sent to the case managers ————–
investigative
fourteen (14) days
thirty (30) days
Unit Commander
Officer in Charge
16.Upon receipt of an eReport and TPS 403 relating to an illegally possessed firearm coming into police custody shall ensure
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
awareness
