2. Firearms Flashcards
What are three police responsibilities for ensuring compliance with Arms Act 1983?
R.A.B.C
- 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
What are the two aspects of risk Police focus on?
M.E
- magnitude of the consequences that may eventuate should an event occur
- Likelihood of that event occurring
Police expect firearms licence holders to operate safely, securely and responsibly however Police know what?
Barriers
- 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
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
-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
What does compliance mean?
What level of compliance do Police seek?
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.
What is the aim of Police compliance? activities are aimed at focusing on what outcomes?
- Personal and public safety
- Security of and the responsible use of firearms
Compliance Interventions will take into account the attitude towards compliance.What must compliance interventions be?
L.E.M.S.P.C
- 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
What do the range of interventions available enable Te Tari Pureke to do?
- 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.
Regarding compliance, What factors are considered when weighing up which intervention tool might be most applicable?
P.A.C.E
- Extent of harm or risk or risk of harm
- Conduct
- Public interest
- Attitude to compliance
P.A.C.E
What FACTORS are included in the assessment of risk?
Levels of harm
- 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
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?
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
What does public interest mean?
In the interest of the wider public or of public importance.
Assessment of PUBLIC INTEREST includes what factors? (is it a widespread problem)
Conduct occurred
Decision
Enforcement
- 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.
What should Police consider when assessing ATTITUDE to compliance?
- 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.
What FACTORS are considered in the assessment of the attitude to compliance?
- 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.
When can a person be disqualified from holding a firearms license?
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
What are the factors for assessment of the attitude to compliance?
- 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
What happens under section 12 of the trespass act 1980?
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
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 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.