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CPK 2024 > 2. Firearms > Flashcards

2. Firearms Flashcards

1
Q

What are three police responsibilities for ensuring compliance with Arms Act 1983?

R.A.B.C

A
  • The levels of RISK
  • the ACTUAL potential consequence and
  • the BEHAVIOUR, attitude and CAPABILITY of firearm licence holders

R.A.B. Or R.A.C

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2
Q

What are the two aspects of risk Police focus on?

M.E

A
  • magnitude of the consequences that may eventuate should an event occur
  • Likelihood of that event occurring
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3
Q

Police expect firearms licence holders to operate safely, securely and responsibly however Police know what?

Barriers

A
  • Barriers such as a lack of awareness, understanding or capability may prevent
    some people from operating in a safe, secure or responsible manner
  • some people will make efforts to comply because they see risk from Police of non-compliance
  • Some people will not comply at all
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4
Q

Police expect firearms licence holders to operate safely, securely and responsibly. What do Police aim to do in relation to COMPLIANCE?

C.A.F.E

A

-Make compliance as easy as possible for those who can and want to comply
- Assist those who are trying to comply, but not succeeding
- Encourage compliance through interventions for those who are reluctant to comply
- Use force of regulations for those who do not want to comply and are wilfully negligent

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5
Q

What does compliance mean?

What level of compliance do Police seek?

A

Compliance means:
- Meeting/exceeding the requirements of the regulatory framework designed to ensure personal /public health and safety, security of and the responsible use of firearms.

Police seek the highest possible level of voluntary compliance.

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6
Q

What is the aim of Police compliance? activities are aimed at focusing on what outcomes?

A
  • Personal and public safety
  • Security of and the responsible use of firearms
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7
Q

Compliance Interventions will take into account the attitude towards compliance.What must compliance interventions be?

L.E.M.S.P.C

A
  • Logical, timely and considered
  • Evidence Based
  • Made impartially and without fear, favour, bias, prejudice, or improper motive
  • Sufficiently robust and well documented to withstand judicial review
  • Proportionate to the risk posed by the non-compliance behaviour
  • Consistent with the law, the public interest and Police policies and values
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8
Q

What do the range of interventions available enable Te Tari Pureke to do?

A
  • Provide information and educational material
  • Issue warning letters
  • Issue an improvement notice
  • Prescribe conditions on a dealers or firearms licence
  • Issue a notice of temporary suspension or consideration of revocation of firearms license
  • Revoke a firearms or dealers licence or an endorsement.
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9
Q

Regarding compliance, What factors are considered when weighing up which intervention tool might be most applicable?

P.A.C.E

A
  • Extent of harm or risk or risk of harm
  • Conduct
  • Public interest
  • Attitude to compliance

P.A.C.E

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10
Q

What FACTORS are included in the assessment of risk?

Levels of harm

A
  • Minimal or no harm or risk of harm
  • Harm is or would likely be easily mitigated
  • Significant or widespread harm or potential for such harm
  • Harm is actually or potentially caused to members of the community
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11
Q

What does CONDUCT mean in relation to the firearms licence holder whose actions are being considered?

B.I.C

What FACTORS are included in the assessment of conduct?

A

The behaviours, intent and capability of the licence holder whose actions are being considered.

Assessment of CONDUCT includes the following factors:
- it is first time or one off behaviour that is less serious or unlikely to be repeated
- The conduct is accidental or resulted from carelessness or limited understanding of the law
- Mitigating factors exist
- The behaviour is deliberate, more serious, repeated, reckless or involving consistent carelessness or disregard for law
- Aggravating factors exist

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12
Q

What does public interest mean?

A

In the interest of the wider public or of public importance.

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13
Q

Assessment of PUBLIC INTEREST includes what factors? (is it a widespread problem)

Conduct occurred
Decision
Enforcement

A
  • The conduct occurred sometime ago and has ceased
  • A decision not to act would undermine public confidence in Police as a regulatory authority
  • Enforcement action is necessary to deter others from similar conduct.
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14
Q

What should Police consider when assessing ATTITUDE to compliance?

A
  • seriousness/frequency of any previous failures (conduct alleged and penalty if charged)
  • recency, how long the offending/conduct occurred, convictions (how long ago) and relevant rehab or training since then.
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15
Q

What FACTORS are considered in the assessment of the attitude to compliance?

A
  • License holder is willing and able to comply
  • License holder is willing, but not able to comply
  • License holder is unwilling to comply
  • License holder is actively intentionally non-compliant.
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16
Q

When can a person be disqualified from holding a firearms license?

A

If they have within the previous 10 years been convicted or released from custody after being convicted for:
- arms act 1983 offences
- Serious violent offence as defined in section 4 victims orders against violent offenders act 2014
- An offence under the Crimes Act 1961
- an offence Misuse of Drugs Act 1975
- The person has or had within previous 10 years, a protection order made against them pursuant to section 79 family violence act 2018 or section 14 domestic violence act 1995

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17
Q

What are the factors for assessment of the attitude to compliance?

A
  • license holder is willing and able to comply
  • License holder is willing but not able to comply
  • License holder is unwilling to comply
  • License holder is actively intentionally non-compliant
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18
Q

What happens under section 12 of the trespass act 1980?

A

Any person who commits an offence against that Act, and at the time was carrying or had with him a weapon may be disqualified by the court from holding a firearm license or any other
license or permit under the act

  • For a period not exceeding two years from the date of conviction
  • they can also have their firearm license revoked if they’re not a fit and proper person to possess firearms
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19
Q

What happens under s40 of the Family Violence Act 2018 in relation to Police safety orders?

What is important to take place during this time?

A

A person’s firearms licence is suspended while a Police safety order that’s been issued is in force.
24hrs-10 days after which time they may be returned.

Therefore it is important a fit and proper assessment takes place within the timeframe of the PSO to ensure any risk with respect to firearms is further mitigated.

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20
Q

What happens under section 37 of the Family Violence Act 2018 in relation to a PSO.

A

The bound person must immediately surrender to a constable their firearms license and any weapons in their possession or under the control

21
Q

What is the definition of a weapon as defined in the Family Violence Act 2018?

F.A.P.RW.PM.PP.E.A

A

Any firearm, airgun, pistol prohibited magazine, prohibited part, restricted weapon, ammunition or explosive in the Arms Act 1983.

22
Q

What’s the difference between a temporary and final protection order?

A

Temporary:
These orders are time limited if an application is made and granted without prior notice to the respondent or

Final:
- if there is no opposition following a temporary order being issued or an application being made on notice or following a hearing where a judge decides to issue one

23
Q

What does Section 176 FV Act 2018 require Police to do when they receive a copy of a temporary or final protection order under s174(2) FV Act 2018

A

Police must immediately establish if the respondent
and any associated respondent named in the order hold a firearms licence.

24
Q

What are the standard conditions of every protection order s98?

A
  • not possess or have under their control any weapon which includes a firearm
  • Not hold a firearms license and
  • Surrender to a constable on demand any weapon and firearms licence in the possession or control.
25
Q

What happens to the firearms when a temporary protection order is discharged?

A

The license and arms must be returned to the person as there’s no longer a Suspension in Force.

S164 - Retention/return

26
Q

A firearms licence is deemed to be what when a Final protection is in force s 99(1)(b) & 163 FV Act 2018

A

Revoked.
FLH is also disqualified under s22H Arms Act 1983

27
Q

What is S66 Arms Act 1983?
What must they prove?

A

Every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation, firearm, restricted weapon, prohibited magazine, or explosive is deemed to be in possession of them - unless they prove that it was not their property and that it was in the possession of some other person.

28
Q

What is s66B Arms Act 1983?

A

A person found in possession of any arms items or ammunition must give all their details to Police on demand.
- if they refuse Police may caution that person and if they persist and fail to give correct details or false details they can be arrested without warrant.
6 months imprisonment or fine not exceeding $10,000

29
Q

Hepi v R
Cannabis grow and firearms found

A

Presumption could be rebutted proving on the balance of probabilities that the firearm and ammunition was not their property and was in the possession of some other person.

30
Q

What does offensive weapon mean? (202A Crimes Act 1961)

4a A.M.A.U.C.B.I

4b A.C.U.C.B.I

A

(4)(a) Offensive weapon means:
- any article made or altered for use of causing bodily injury or
- intended by the person having it with him or her for such use.

(4)(b) Offensive Weapon means:
- any article capable of being used for causing bodily injury.

31
Q

What does disabling substance mean?

A

Any anaesthetising or other substance produced for use for disabling persons or intended by any person having it with them for such use.

32
Q

What is the offence of S202A Crimes Act 1961?

Everyone is liable to imprisonment for a term not exceeding 3 years who?

A

4a
- Without lawful authority or reasonable excuse, has with them in a public place, any knife or an offensive weapon or disabling substance or

4b
- Who has in their possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

33
Q

S18 SS Act 2012 - warrantless search of Arms

A

Answer:
A constable who has RGTS that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or more of the following:

a) Search the person
b) Search anything in the person’s possession or under their 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 licence 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 or
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.
- and respect of a category three and four offence against arms act 1983 has been committed or is being committed or is about to be committed or that evidential material in relation to a category three or four offence or an Offence against the Arms Act 1983

34
Q

When can Police carry firearms?

A
  • When an offender is armed and presents a risk of death or GBH to Police/community
  • When on duty as a member of AOS/Special tactics group, Protection services
    -when temporary carriage has been authorised by Inspector or above and specific circumstances
  • airport duties
  • Escorts and guards for people caring valuables authorised by district commander
  • To destroy animals
  • Training purposes
35
Q

Who can be deployed with firearms?

A

Only certified level one responders may deploy and use Police firearms as a tactical option.

Unless circumstances for physical carriage apply, Firearms must be secured in Police vehicles.

36
Q

Who can authorise temporary carriage of firearms?

A

Inspector and above

37
Q

What are the responsibilities when carrying firearms?

A
  • Advise immediate Supervisor and ECC as soon as practicable
  • Deploy with a taser when available
  • To wear body armour
38
Q

When can firearms be used?

A

Training
Animal destruction
As a Tactical option

39
Q

What basic principles apply with armed offenders?

C.T
S
DCN
D
U

A
  • Conduct an ongoing TENR
  • take matter seriously than too lightly
  • when the offender’s actions permit, focus on de -escalation, communication and prevention, cordon the area, adopt wait/appeal role to negotiate a surrender
  • never go unnecessarily into danger. However, if offender acts in a way that makes casualties likely, police must act immediately to prevent this
  • Treat all armed offenders or offenders believe to be armed as dangerous and hostile unless evidence contrary to this
  • Where practical, Police should not use a firearm unless it can be done without endangering other persons.
40
Q

What are fire orders?

A

Operationally specific instructions on the circumstances in which Police employees may use firearms such as S 39, S 40, S 41, is 48 and s62 CA 1961

41
Q

Police must only use a firearm for what lawful purpose?

A
  • Defending themselves S48 (fear death/Gbh)
  • Arresting an offender s39
  • Prevent escape s 40
  • Destroying animals
42
Q

An offender must not be shot without first considering what?

C.L.D

A

Communication:
- They must have first been asked to surrender unless it is impractical or unsafe to do so and

Less violent alternatives:
- They cannot be disarmed or arrested without first being shot and

Delay (necessity):
- It must be clear that further delay and apprehending the offender would be dangerous or impractical

43
Q

When can a warning shot be fired?

A

As a general rule, warning shots should not be fired.

Exceptional circumstances:
- The suspect has been asked to surrender (if practical) and has not done so and
- It can be clearly aimed as a warning shot (Extreme caution to safeguard the safety of others)

44
Q

What four things must you do when there’s an incident involving death or injury caused by discharge of a firearm by Police?

A
  • Take control of the scene
  • Ensure first aid is rendered
  • Manage the scene
  • inform District commander who will initiate alcohol and drug testing of employees involved in the shooting accordance with Police drug and alcohol policy
45
Q

When can shots be fired at moving vehicles?

A

In exceptional circumstances:
- Difficult to hit a target
- Small target area and margin for error impose a high probability of misdirection or ricochet increasing the risk of causing death, injury or damage.

46
Q

When may an unintentional discharge of a firearm occur?

A
  • Operational error (failure to follow procedure and ensuring a firearm is in the unload state before conducting a pre-op check)
  • Mechanical fault (a fault with a firearm leads to a discharge)
47
Q

What is the procedure in instances of discharging a firearm? 7 steps of action.

M.P.S.P.A.C.C

A
  • Mark the discharging employees position, empty cartridge cases, wallet, fragments, and any other items or people associated with the discharge
  • Preserve the cartridge cases and, possible the bullet or bullet fragments
  • Secure the firearm and remaining rounds, marking the firearm safe as soon as possible, recording any action taken (NOTE: On no account is the firearm to be altered or items/accessories removed)
  • Preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries
  • Advise the employees immediate supervisor who will advise the district commander. Report this use of force if the discharge is unintentional follow that procedure.
  • Commence review/investigation into the incident (Scope and scale of review will depend on nature of discharge and potential for injury)
  • Conduct a debrief
48
Q

When do you submit a TOR report with a firearm?

A
  • Presentation at another person other than in training with the exception of AOS
  • Discharge. (Each time firearm is discharged other than in training
  • unintentional discharge
  • Destruction of animals
49
Q

What must you do when an unintentional discharge happens?

A
  • Must advise supervisor
  • Follows 1-5 above
  • notify a district Police integrity and conduct manager
  • Instigate a review
  • Send firearm and any bullet and cartridges to Police armoury for examination with a report of circumstances and incident

CPK 2024 (20 decks)

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