6 Firearms Flashcards
(41 cards)
Regarding FA checks and ensuring compliance with the Arms Act what do Police focus and tailor interventions on?
Level of risk
Actual or potential consequences
Behaviour and attitude of FAL holder
In terms of RISK around compliance of the Arms Act what TWO ASPECTS of RISK do Police focus on?
Magnitude of the consequences that may eventuate
Likelihood of that event occurring
With regard to FAL holders complying with the Arms Act what do Police expect?
That FAL holders will OPERATE SAFELY, SECURELY AND RESPONSIBLE
What are some barriers to FAL holders operating safely, securely and responsibly?
Lack of awareness or understanding
Some ppl will only make effort to comply because of the risk of NON COMPLIANCE
Some ppl will NOT comply at all
What are the polices aims and objectives in regard to FAL holders and checks?
To make COMPLIANCE as easy as possible
Assist those that are TRYING to comply
Encourage compliance through intervention
Use the full force of the regulatory process for those unwilling to comply or negligent
The nature OR level or risk may require regulatory action by Police
What does compliance mean re FAL holders?
Meeting or exceeding the requirements of the regulatory framework.
Police seek the highest possible level of voluntary compliance
Police compliance activities are aimed at having the maximum impact on outcomes: personal and public safety, security of, and the responsible use of firearms.
Decisions in regard to FAL holders being compliant with the law and any Police INTERVENTIONS will be want?
Logical, timely and considered
Evidence based
Impartial without fear, favour or bias
Sufficiently robust and well documented
Proportionate to the risk of non compliance
Consistent with the law, public interest, Police policy and values
What are some of the options regarding Police interventions for FAL holders?
Warning letters
Improvement notices
Prescribe conditions on a dealers or firearms licence
Issue a temporary suspension
Revoke a firearms or dealers licence or endorsements
Police will determine the appropriate interventions/s based on consideration or risk, attitude, behaviour and capability.
Assessment against the factors above, and attitude to compliance, will support a decision about the best course of action. There is a continuum of possible interventions (refer ‘Interventions principles’):
• From – an approach based on information, engagement, education to support and encourage compliance.
• To – an approach that may lead to enforcement interventions such as the issuing of an improvement notice, a warning, a temporary suspension notice or the revocation of the firearms licence.
If you are considering enforcement action against a FAL holder what attributes should you possess?
Expertise and experience
So that you can weigh up the
Extent of harm or risk or risk of harm - danger to self or others
Conduct - behaviour, intent and capability
Public Interest
Attitude to Compliance - so interventions will have desired effect
When can someone be automatically be disqualified from holding a FAL? s22H
If they have within the previous 10 years
Been convicted or released from custody after being convicted of a
serious violent offence, alcohol or drugs
Game Animal Act
Wild Animal Act
Wild Animal Control
Has a temporary PO served on them
Grounds for a PO
Previously non complied with Arms Act, regs or conditions
Showning signs of MH, physical symptions that may adversely affect their ability to safelty have a FA
Abuse of alcohol (dependant)
Uses drugs in a way that affects their judgement or behaviour
Member of or close affiliatin with a GANG or ORGANSISED CRIMINAL GROUP
Promotes extreme hatred, violence or extremism
Risk to states national security
Has or had within the previous 10 yrs had a protection order made against them
Various MODA and CA offences
an existing licence holder, convicted of an offence specified in section 22H in March 2020, or who previous to 24 December 2020 had a protection order made against them, is not a disqualified person because the conviction occurred, or the protection order was made before the commencement of section 22H
The Arms Act still requires a person to be what to hold a FAL?
A FIT and PROPER PERSON to be in POSSESSION or a FA or airgun
What is the purpose of the Firearms Act?
The purposes of the Act are to:
• promote the safe possession and use of firearms and other weapons
• impose controls on the possession and use of firearms and other weapons.
What should you do if a FAL holder is not considered to be a fit and proper person?
Consider:
Temporary suspension while revocation is considered
Revocation
The assessment of a person’s fit and proper status requires consideration under a two-stage process:
- Whether a firearms licence holder is involved in specific behaviours, offending or circumstances defined in s24A(1)(a)-(n) or 24A(2) or as considered relevant. Then
- Whether the severity and recency of the circumstance(s) (specific behaviours, offending listed above) individually at first, and then collectively when considered overall. One significant matter may suffice, or more less significant matters. This includes all other matters deemed relevant
When would you consider a person is not a fit and proper person to be a FAL holder? Examples
When they demonstrate: Unlawful Dangerous Unsafe behaviour Non compliance with licence Behaviour which indicates a lack of judgement Poor decision making
Before a licence holder can be considered not fit and proper, Police should consider:
• the severity and recency of the circumstance(s) (specific behaviours, offending), both individually and then
• collectively when considered overall. This takes into account all other matters deemed to be relevant.
When deciding if a person is a fit and property Person what IS considered?
that the applicant has a sound knowledge of safe POSSESSION and USE of FAs Understands the LEGAL OBLIGATIONS AND Other criteria AND Other relevant matters
For example, a licence holder with multiple offences involving threatening behaviour may be brought under the legislative regime through this provision if deemed to meet the purposes of the Act.
Seriousness of failure
- type of conduct
- specific conduct alleged
- risk of harm
- multiple incidents/breaches
- History of compliance/non compliance
- Escalation in offending/harmful behaviour
- Risk of harm
Who or what can you search if you invoke s18 SAS Act?
RGTS
Person who is in POSSESSION or has in their CONTROL
Is in BREACH of the arms act
By reason of their physical or mental condition is not capable of having proper control
OR
may kill or cause bodily injury
OR
PO or PSO is in place
OR
Grounds to make an application for a PO exist
YOU CAN ENTER SEARCH PERSON or anything in their control (inc vehicle) SEIZE any FAs or FAL
What is the criteria (listed in s24A) for finding someone is NOT a fit and property person to be in possession or a FIREARM OR AIRGUN? Give examples
If the MEMBER of POLICE is satisfied that 1 or more exist
- CHARGED with or CONVICTED of an offence punishable by imprisonment
- Can be in NZ or OVERSEAS
- charged with or convicted of an offence against
- 231A Crimes Act
- Game Animal Council Act
- Wildlife Act
- Wild Animal Control Act
- has or had a TEMPORARY protection order against them
- has inflicted or is inflicting FH against another person and that person has GROUNDS for a temp PO
- has had a restraining order against them
- non compliance with this act
- shows signs of mental illness that may adversely effect their ability to safely possess a Firearm
- abusing alcohol to an EXTENT that it effects their judgement or behaviour
- abusing drugs (prescription or non prescription) to the effect that it impairs that judgement of behaviour
- member of or close association with a gang or organised criminal group
- promotes violence, hatred or extremism
- risk to states national security
What does compliance mean in terms of the Fire Arms Act?
Meeting or exceeding the requirements of the regulatory framework.
Police aim to have the highest possible level of VOLUNTARY compliance
When deciding what level of intervention is warranted, what factors should you consider?
- extent of harm or RISK of harm (inc self harm)
- Conduct
- Public Interest
- Attitude to compliance
Application of these factors require EXPERIENCE and EXPERTISE
A person is DISQUALIFIED from holding a FAL if they have been what? 22H of the AA
Convicted of a offence OR released from custody after conviction of an offence specified in the AA OR had a PO made against them in the last 10 YEARS
When did s22H of the AA come into effect?
24 December 2020 -meaning anyone convicted of a offence specified under s22H is not automatically disqualified under this section if it happened prior to 24 Dec 2020.
If a FAL holder is convicted of an offence under s22H of the AA and their FAL is revoked can they appeal this?
NO - you cannot apply for an appeal or review of this type of revocation
If a person commits an offence under the Trespass Act AND was carrying WEAPON (can be a gun or bow and arrow) they can be disqualified from holding a FAL for how long?
Max two years under the Trespass Act, s12
Starts from date of conviction
Court can also order that they are not allowed to carry any weapon for two years
Can also apply for their status as a FIT and PROPER PERSON to be reviewed with a view to revoking their FAL permanently.
A weapon is anything from which a shot, bullet, arrow or tranq or other missile can be fired
Can be a gun, bow and arrow etc
If you serve a PSO on a FAL holder what happens?
The FAL holder MUST IMMEDIATELY surrender their FAL AND any weapons in their POSSESSION or UNDER THEIR CONTROL
