Firearms Flashcards
Arms act 1983 sect 22H - Disqualification if convicted of certain offences
A person is disqualified from holding a fire arms licence if in the last 10years they have been convicted of, or have been released from custody after being convicted of any of the following offences:
Arms Act Section 16(4), 16A,
44A
50A, 50D,
51A,
53A,
54, 54A,
55, 55A, 55D. 55E, 55F
Serious offence as defined sect 85 of Sentencing act 2002
Crimes act 1961:
92
98, 98A
189A
199
202C
238
267 (1)
269 (1) and (3)
306
Misuse of drugs act:
6,9,10,11,12,12A, 12AB or 12F
The person has or has had within the previous 10yrs a protection order made against them.
Revocation if current holder becomes disqualified person.
A current fire arms holder does not become disqualified if they have qualifying convictions under 22H if they already had those convictions under 22H before 20 March 2020 when this part of the act was brought in. Persons who had a PO in place before 24 Dec 2020 are also not a disqualified person.
A current fire arms holder convicted of an offence under 22H in Feb 2021 or who had a PO issued after 24 Dec 2020 is a disqualified person as this was after the date of commencement of section 22H (24 Dec 2020).
A person who is not a fire arms licence holder who is convicted of an offence under 22H within last 10yrs or PO issued in last 10 yrs is a disqualified person regardless of if the conviction of PO was made against them before or after section 22H came into force.
Section 12 of Trespass act
Anyone who commits an offence under sect 12 of trespass act and at the time was carrying or had with them a weapon may be disqualified by the court from holding a FA licence or any other licence or permit under the arms act for a period of up to two years.
Weapon means - Gun, rifle, airgun, or air rifle and includes any kind of weapon or device from which a shot, bullet, arrow, tranquillising dart or other missile can be discharged. (As defined under Trespass act)
Can also consider revocation under Arms act if convicted of s12 of trespass act if deemed to not be a fit and proper person. (Sect 27 of Arms act)
PSO and Firearms
Under sect 40 Family violence act 2018, a persons FA Licence is suspended for duration of the PSO.
Bound person must surrender their FA licence and any weapons in their possession/control. (Sect 37 FV Act)
Weapon is defined under FV Act 2018 as any Firearm, airgun, pistol, prohibited mag, prohibited part, restricted weapon, ammunition, or explosive as those terms are defined in the Arms act.
Consider during period of PSO if the person is a fit and proper person to possess a Firearm or airgun, Consider revocation notice of temp suspension
Arms act section 40- Power to demand persons Name, address and DOB if in possession of a FA, Airgun or pistol or restricted weapon,
Anyone in possession of a FA, Airgun, pistol, or Restricted weapon must give their particulars to police if asked.
2) If person refuses to give name, address and DOB or gives false details, any member of police -
- May caution the person and if they persist in such refusal or fail or continue to give any particulars they may be arrested without warrant.
$1000 fine or 3 Months imprisonment
What is the threshold of proof and What needs to be proved to rebut possession (s66) Arms Act
The balance of probabilities and that the firearm etc was not their property and that it was in the possession of some other person
Arms Act Section 66 - Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive found therein
Every person in occupation of any land or driver of any vehicle in which any firearm weapon etc is found is deemed to be in possession of that weapon unless he proves that it was not his property and that it was in the possession of some other person.
Search and Surveillance act - Section 18. (1 and 2)
Warrantless search associated with arms.
Unless impracticable in the circumstances, obtain approval from a sergeant (including an acting sergeant) or above before exercising any of the warrantless powers outlined above in relation to arms.
A constable who has reasonable grounds to suspect that any one or more of the circumstances in subsection (2) exists in relation to a person may without a warrant do 1 or more of the following:
a) Search the person
b) Search anything in the person’s possession or under his/her control
c) Enter a place or vehicle to carry out activity under (a) or (b)
d) seize and detain any arms found
e) seize and detain any license under the Arms Act 1983 that is found
Subsection(2)
A. Breach of Arms Act 1983
B. By reason of his/her physical or mental condition (however caused)
- Is incapable of having proper control of the arms
- May kill or cause bodily injury to any person
C. Under Family Violence Act 2018
- A Protection Order or Police Safety Order is in place
- There are grounds to make an application against him/her for a P.O.
Police firearms - Operational carriage and possession of FA
Only Level one responders may deploy and use a police firearm.
A constabulary employee may carry firearms
- When their PCA is or is likely to escalate be within death/GBH range as per TOF or Use of Force.
- When on duty as a member of AOS or STG, Protection services as authorised by Supervisor of that squad.
- When conducting airport duties at any airport that is “Security designated” under the Civil aviation act 1990.
- The role of escorts and guards for people carrying valuables as authorised by the District Commander.
- To destroy animals as set out in the Animals chapter.
- For training purposes.
When arms are worn employee must advise their immediate supervisor and comms and deploy with a taser where one is available.
Must wear full HAP and SRBA, or Front and back plates of new vests.
When can firearms be used?
Police firearms can be used for:
- Training eg on the fire arms range.
- Animal destruction
- As a tactical option, in line with police policy and guidelines chapter
Fire orders (previously known as F61)
Fire orders must be given before carraige in in the below situations:
Operational situations:
- When issued for routine carriage or pre planned ops. Unit commander must give fire orders as part of ops briefing.
- In all other operational situations where FA are carried , if time permits and circumstances permit, Supervisors must draw attention to the fire orders printed on the inside cover of a police issue notebook.
- Training during formal FA training instructor must ask to demonstrate their knowledge of fire orders.
Fire Orders ( break down of formal briefing before using arms)
Responsibility for knowing when firearms may be used.:
Every police employee issued with firearm is personally responsible for ensuring they are thoroughly conversant with relevant law, particularly sections 39, 40, 41, 48 and 62 of the crimes act 1961 and all relevant instructions and guidelines contained in this chapter.
Conditions to be satisfied before use:
The circumstances justifying police firing at an offender can change very rapidly. Any employee who fires a shot must be personally satisfied through their PCA that there exists justification for doing so.
An offender must not be shot without first considering:
- Communication, They must be asked to surrender (unless its impractical or unsafe to do so) and
-A Less violent alternatives (proportionality): It must be clear they cannot be disarmed or arrested without first being shot and
- Delay (necessity) it must be clear that further delay in apprehending the offender would be dangerous or impractical.
Police must only use a firearm for these lawful purposes:
Defending themselves or others - S48 Crimes Act.
- They fear death or GBH to themselves or others and
- cannot reasonably protect themselves or others in a less violent manner.
Arresting an offender - S39 Crimes Act
- RGTB that the offender poses a threat of death or GBH in resisting their arrest AND
- the arrest cannot be reasonably effected in a less violent manner AND
- the arrest cannot be delayed without danger to other people.
Prevent Escape - S40 Crimes Act
- Police have RGTB that offender poses a threat of death or GBH to any person (Whether an identifiable individual or members of the public at large) and
- The offender flees to avoid arrest or escapes after arrest AND
- the flight or escape cannot reasonably be prevented in a less violent manner.
Destroying animals in circumstances set out in the police manual Animals chapter.
Offender must not be shot unless first asked to surrender (where practical), they cannot be disarmed or arrested without first being shot, and further delay is dangerous or impractical.
Warning shots are only to be fired if extreme caution taken to safe guard others, and offender has been asked to surrender and has not done so and the shot can be clearly aimed as a warning shot.
Section 62 Crimes act - Excess force.
Everyone authorised by law to use force is criminally responsible for any excess according to the nature and quality of the act that constitutes the excess.
You must stop shooting when the suspect is no longer a threat to life,
Discharge of police FA involving death or injury
IC or person appointed IC must:
1. Take control of the scene.
2. Ensure first aid is rendered
3. Manage the scene according to the principles in “police involvement in deaths or serious in juries chapter”
4. Inform the DC who in turn will initiate alcohol and drug testing of employees involved in shooting.
