05-21 Firearms Flashcards
What is the 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 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
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 twenty four (24) hours, seven (7) days a week.
Procedure - The IGGTF – Firearms Enforcement Unit (FEU) is mandated to
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”.
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.
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
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.
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
Procedure - IGGTF will attend scenes/units to debrief arrested persons in possession_____ Intelligence – Gang Unit will attend units to ____ known gang members.
of/or firearm related offences.
de–brief
Procedure - In addition, all firearms and ammunition seized during an investigation will either be:
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.
Procedure - The IGGTF SHALL be notified and will attend all firearm–related _____ scenes. The IGGTF investigator SHALL consult and assist_____, as required.
homicide, Specialized Criminal Investigations – Homicide
Procedure - This Procedure is in two (2) parts
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.
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 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
prohibition orders where it is in the interest of public safety that individuals not have possession of, or access to, weapons.
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.
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 ____.
Provincial Firearms Tracing and Enforcement (FATE) Unit
Criminal Intelligence Service Ontario (CISO) - FATE
FIAU only
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 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.
Firearms Offences - Police Officer - 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.
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
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
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.
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
Firearms Offences - Police Officer - When handling any firearm SHALL
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.
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
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
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 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).
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.
FIAU
Firearms Offences - Police Officer - 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
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
prohibition order under the CC or seeking a revocation under The Firearms Act.