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.
What is the 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, prohibited devices, offensive weapons, ammunition, prohibited ammunition, explosive substances and related items (i.e. authorizations, licenses or registration certificates
Procedure
_____ 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.
Organized Crime Enforcement – Integrated Gun & Gang Task Force (IGGTF)
The IGGTF operates twenty-four (24) hours, seven (7) days a week.
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”.
_______will streamline firearm investigations and ensure that there is a standard process for investigation and accountability. FIAU screens_____ FIAU will designate if firearms are ______. 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 Detective at FIAU or their designate.
Firearms Enforcement Unit – Firearms Investigation & Analysis Unit (FIAU)
all firearms, ammunition and casings seized by the Service.
criminal or non-criminal. Firearms deemed to be criminal will be examined, which includes verifying, forensic testing, test firing and Integrated Ballistics Identification System (IBIS) testing
Members of FIAU are available to assist with all enquiries concerning _____. They are also available to assist with investigations involving_____. Beyond regular business hours, an FEU / FIAU member can only be contacted through the on-call IGGTF.
possession of a firearm licence, authorization to transport, authorization to carry or permits held by an individual
weapons 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
IGGTF will attend scenes /units to
debrief arrested persons in possession of/or firearm related offences. Intelligence – Gang Unit will attend units to de–brief known gang members.
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
- 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 homicide scenes. The IGGTF investigator SHALL consult and assist
Specialized Criminal Investigations – Homicide and Missing Persons, as required.
This Procedure is in two (2) parts
- the firearms investigation and intake process
- the investigation of all illegally possessed firearms.
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 and related items
- ammunition
- registration certificates
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.
Public Safety Seizures (S.117.04 CC)
When utilizing the authority set out in S.117.04 of the CC, firearms may be seized from an individual in lawful possession of it, where the officer believes the individual may pose a danger to themselves or the public. A warrant is required unless there are
exigent circumstances such that “by reason of a possible danger to the safety of that person or any other person”, it would not be practicable to obtain a warrant.
Public Safety Seizures (S.117.04 CC)
The basis of this legislation is “public safety” and is intended to be preventative in nature. The use of this section is considered a process and not a charge. The decision is based on
REASONABLE GROUNDS which must be objectively justifiable. The standard of proof is a balance of probability rather than just beyond a reasonable doubt. A case is presented to a Provincial Court Judge or Justice of the Peace to determine if the person can legally possess such items, or should the items be disposed of and the person receive a prohibition from possessing these items.
Public Safety Seizures (S.117.04 CC)
Note that S.117.04 CC includes “weapons”, which is broader than the authority under S.111 which refers to “firearms” only. The authority under S117.04 allows for the seizure of
weapons (which includes firearms), prohibited devices, ammunition, prohibited, ammunition, explosive, substances and related items, which may include authorizations, licences, or registration certificates. It is important to understand that firearms do not need to have formed part of the precipitating events for there to be grounds for a public safety concern.
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 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, prohibited devices, 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 REASONALE GROUNDS for BELIEVING there is a threat to safety by obtaining the type of information outlined in Procedures
- consider all powers of search and seizure, with or without warrant and, where applicable, seize any offensive weapon, firearm, ammunition, explosive, prohibited weapon, prohibited devices, 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.
- 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 firearms related to amnesty programs or firearms surrendered for destruction that do not warrant further criminal investigation, or with imitation/replica firearms and replica explosives/ammunition seizures SHALL
- 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
- complete a TPS 403 including mandatory synopsis & TPS 405, recording all applicable information including
o the pertinent details regarding the seizure of the firearm
o 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 FIAU to make arrangements for assistance with the seizure.
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.
