Firearms Flashcards
As a regulatory authority police is responsible for ensuring compliance with arms act 1983 . To achieve this police focus and tailor interventions in line with
The Levels of risk
The Actual or potential consequences
And Behaviour, attitude and capability of FL holders
Police approach to risk
In relation to risk police focus on two aspects of risk
The Magnitude of consequence that may occur from an event
The Likelihood of that event occurring
Interventions available to police
Educational materials Warning letters Improvements notices Prescribe Condition on dealer or holders licence Temp suspensions Revoke licence
Police decide these considering the risk attitude and behavior and capability
Factors for consideration
Factors that police consider in the process of weighing up which intervention tools to use
1 Extent of harm or risk of harm to others
2 Conduct
3 public interest
4 attitude towards compliance
Under s22H a person is disqualified from holding a FL if previous within 10 years been convicted or released from custody after being convicted of offences involving weapons, serious violence ,drug dealing,or has had a protection order made against them
When does section 22H not apply
Section 22 does not apply to previous convictions of a person who was an existing firearms licence holder before 24 December 2020 when act came in
Any existing holders who commit offences outlined in S22 after Feb 2021 is a disqualified person or if protection order ofter 24 Dec 2020
Section 24A fit and proper person assessment. Police may find NOT fit and proper to be in poss of a firearm/ air gun if one or more
Charged with or convicted of offence in no or overseas punishable by term of imprisonment
Charged with or convicted offence under arms act
Charged with or con with offence against wildlife, wild animal control, game animal council act
Any non compliance of arms act
Has or has had temp protection order
Inflicted or is inflicting family violence
Has restraining order under harassment Act
Engaged in non compliance of act or any regulation or condition of permit
Shows or recently shown mental physical illness or injury that effect ability to safely possess firearm
Alcohol/ drug abuse
Hang or affiliated
Behaviour demonstrated hate or extremism
Risk to national security
Section 24A(2) in determining whether a person is fit proper to be in possession of firearm/air gun member of police may take into account whethet applicant has
A sound Knowledge of safe possession and use of firearms
Understands legal obligations of holding firearms licence
Any other relevant information that is consider appropriate in the application.
Once it has been establish that person has fallen below standard required
S24 Fit and proper person assessment continues
Factors that police should now consider
Seriousness of failure
conduct
specific conduct alleged
risk of harm
Circumstances surrounding offending
Recency,
health reports
Mitigating or aggravating circumstances
Totality of behaviour
Multiple incidents /breaches,
compliance history,
escalation in offending
risk of harm
Police can revoke a firearms licence under S27(2)
Notice of consideration of revocation
This process is initiated by whom
Inspector or above
Must contains grounds and reasonable time to explain
Notice to state Can give oral or written subs to police ( 14days should suffice)
Under section 60A(a) police may issue a Temp suspension pending possible revocation.
Under section 60A(1) what can police do
3 parts ( think holder, dealer and someone on bail example)
1 May issue a notice of temp suspension to FL holder when police satisfied not Fit and proper where
Failed or refused to secure arms
Failed to comply with conditions
Failed to comply with improvement notice issued under s60
Police satisfied notice given section 92 by health practitioner or licences seized under section 18 Search and surveillance act
2 May temporarily suspended Holder of dealers licence police deem not fit and proper to hold dealers licence
3 May suspend holder of F/L if police believe access to that person’s firearms
likely to be obtained by others revoked/refused or
police opinion not fit proper
A person who’s firearm licence suspended
S27(2)surrender and revocation of firearms licence Commissioned officer must be satisfied on the balance of probabilities that
Grounds contained in S27 failed or refused to secure or refused or access to others reasonable likely
When is firearms deemed revoked
On point in time signature of commissioned officer signs notice
On revocation of F/L the firearms licence holder must
Cease to be licensed to possess firearms ammunition
On demand deliver every firearm in possession or under control
May at anytime within 3 months or longer period commissioner allow sell or dispose of any firearm to person approved by police
Commits offence 6 months, 10K fine if contravenes
Search and surveillance act 2012 ( Section18)
Warrantless search associated with arms
Reasonable grounds person
1 Search person/ vehicle or place or possessions under control , seize detain arms / licence
2 carrying arms or possession of them Breached condition of arms act Physical or mental Incapable or may kill Protection orders or PSO Or grounds for PO or PSO
- Without warrant enter place/ vehicle and seize arms/ licence if reasonable grounds to suspect arms in vehicle/place cat 3 or 4 offence commuted or evidential material in relation to 3 or 4
Trespass act weapon is defined as
Gun , rifle, air gun, air rifle , includes weapon or device with shot bullet arrow tranquilliser dart or missile can be discharged
