2.1 Firearms Flashcards
What is Police’s approach to risk?
Police will focus on two aspects:
- Magnitude of the consequences that may eventuate should an event occur, and
- likelihood of that event occurring
What are Police’s range of interventions available for non compliance?
- provide information and educational material to firearms licence applicants
- issue warning letters
- issue an improvement notice requiring corrective action if the licence holder is failing, has failed or likely to fail to comply with a provision of the Arms Act 1983, or regulations made under this Act, or any conditions on a licence, an endorsement, or a permit
- prescribe conditions on a dealer’s or firearms licence
- issue a notice of temporary suspension or notice of consideration of revocation of a firearms licence
- revoke a firearms or dealer’s licence, or an endorsement.
What are factors are there to consider for which intervention tool?
- Extent of harm or risk or risk of harm
- Conduct
- Public interest
- Attitude to compliance
What is S22H of the Arms Act
A person is disqualified from holding a firearms licence if they have within 10 years been convicted or released from custody after being convicted of certain sections of the arms act, a serious violent offence, misuse of drugs, or if they have had a protection order made against them within the past 10 years.
What other acts impact on firearm licences?
Trespass Act - if commits an offence against this act and at the time was carrying a weapon, may be disqualified from holding a Firearms Licence.
PSO - A persons firearms licence is suspended while a PSO is in force.
Protection Order - if order is temporary must consider whether the power to revoke should be exercised. A licence is deemed to be suspended when a temporary PO is in force. A licence is deemed revoked when a final protection order is in force.
What is section 40
On demand by Police a person in possession of a firearm, airgun, pistol, or restricted weapon to give name, address, or date of birth.
If a person refuses, caution, and then arrest
What is section 66?
Occupier of premises or driver of vehicle is deemed to be in possession of a firearm, airgun, pistol, imitiation of firearm, restricted weapon, or explosive found therein.
Presumption can be rebutted if defence can prove on balance of probabilities that the arms/ammunition was in the possession of someone else.
What circumstances need to be suspected when wanting to execute a warrantless search under S18 (arms)?
Person is carrying arms or is in possession of them, or has under his/her control, and
- he or she has breached the arms act, or
- He or she by reason or his or her physical or mental condition is incapable of having proper control of the arms or may kill or cause bodily injury to any person, or
- under the family violence act has a protection order or there are grounds to make an application against him/her for a PO
Who can be deployed with firearms?
Only certified level one responders may deploy and use a police firearm
When can firearms be carried?
- When PCA of a situation is likely to escalate to be withing death/GBH range
- AOS, STG, Protection Services
- Airport duties, role of escorts and guards for people carrying valuable.
- To destroy animals
- For training purposes
What are the responsibilites when firearms are carried when assessment of incident is at death/GBH range?
Advise immediate supervisor and comms of their decision to deploy with firearms
Deploy with a TASER where one is available
What are the lawful purposes of using a firearm?
S48 - Defending self and others
S39 - Arresting an offender - if RGB poses a threat of death or GBH in resisting arrest
S40 - Prevent escape - if RGB poses a threat of death or GBH to any person, and offender flees to avoid arrest
Destroying animals
What are the responsibilities of incident controller when discharging involves death or injury
Take control of the scene
Ensure first aid is rendered
Manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
Inform the District Commander
What are the responsibilities of the incident controller in all other instances of firearms discharge (not death or injury)
Take control of the scene
Mark the discharging position, empty cartridge cases, bullet fragments, and any other items used.
Preserve cartridges
Secure firarm and remaining rounds
Preserve and photograph the scene
Advise employees immediate supervisor who will advise District Commander
Commence review/investigation into the incident
Conduct debrief
What does the supervisor need to do in regards to reporting/investigating a Unintentional discharge
Follow steps 1-5
Notify the district police professional conduct manager
instigate a review (debrief) of the facts surrounding the incident
Send the firearm and any bullets and cartridge cases to the Police armoury for examination
