2.1 Firearms

Question 1

What must every person in possession of a firearm, air gun, pistol, or restricted weapon do when asked by a Police member in uniform or who produces evidence of being a member of Police?

Section 40 of the Arms Act 1983

Answer 1

On demand, give full name, address, and date of birth.

Question 2

What must I do if a person in possession of a firearm, air gun, pistol, or restricted weapon refuses to give their details?

Section 40 of the Arms Act 1983

Answer 2

May caution that person,

and if that person persists in such refusal or fails or continues to fail to give the correct particulars,

may arrest him without warrant.

Question 3

If a person in possession of a firearm, air gun, pistol, or restricted weapon refuses to give their details, what is the penalty?

Section 40 of the Arms Act 1983

Answer 3

3 months imprisonment and/or a fine not exceeding $1000.

Question 4

In your own words what does Section 66 of the Arms Act 1983 relate to?

Answer 4

The occupier of any land or building or the driver of any vehicle is deemed to be in possession of that firearm, air gun, pistol, imitation firearm, restricted weapon or explosive.

Question 5

What weapons does Section 66 of the Arms Act 1983 include?

Answer 5

Firearm, air gun, pistol, imitation firearm, restricted weapon or explosive.

Question 6

What defense can somebody have if located with a firearm, air gun, pistol, imitation firearm, restricted weapon or explosive on their land or in their vehicle?

Answer 6

They must prove it was not their property and that it was in the possession of some other person.

Question 7

In Hepi v R, what example is demonstrated in relation to Section 66 of the Arms Act 1983?

Answer 7

Section 66 acts as a ‘deeming’ provision; whereby an alleged offender can be deemed to be in possession of arms/ammunition if proven that the alleged offender was in occupation of the relevant property.

A presumption of such possession can be rebutted by the defense proving, on the balance of probabilities that the arms/ammunition was in the possession of someone else, NOT the alleged offender(s).

Question 8

What are the five occasions when a constabulary employee can carry a firearm?

Answer 8

1. When their PCA has a situation at GBH/Death
2. When on duty as a member of:
   - the AOS or STG
   - Protection Services as authorised by the supervisor of that squad
3. When performing:
   - airport duties at any airport that is ‘security designated’.
   - the role of escorts and guards for people carrying valuables as authorised by a District Commander.
4. To destroy animals.
5. For training purposes.

Question 9

Who can be deployed with firearms?

Answer 9

Only level one responders.

Question 10

Who must Officers advise of their decision to carry firearms?

Answer 10

Their immediate supervisor.

The Police Communications Center.

Question 11

When must I wear a HAP.

Answer 11

Every time when deploying to an incident where firearms may be present.

Question 12

Under F61 (Fire Orders) describe the four purposes for which firearms can be used.

Answer 12

Defending themselves or another - Section 48, Crimes Act 1961

Arresting an offender - Section 39 Crimes Act 1961

To prevent escape - Section 40, Crimes Act 1961

Destroying Animals

Question 13

With each of the purposes under F61 what must you believe?

Answer 13

You must believe on reasonable grounds you fear GBH or Death for yourself or another.

You must believe you cannot reasonably protect others/yourself, arrest, or prevent escape in a less violent manner.

Question 14

When are the three times a firearm can be used?

Answer 14

Training

Animal Destruction

Tactical Option

Question 15

What are the three things you must consider before shooting?

Answer 15

Communication:
- they must have first been asked to surrender (unless it is impractical or unsafe to do so).

Less violent alternatives
- it must be clear they cannot be disarmed or arrested without first being shot.

Delay (Necessity)
- it must be clear that further delay in apprehending the
offender would be dangerous or impractical.

Question 16

Can I fire warning shots?

Answer 16

As a general rule, no.

Question 17

If I were to fire a warning shot what must I consider?

Answer 17

The suspect has been asked to surrender (if practical) and has not done so, and

it can be clearly aimed as a warning shot.

Question 18

Shots may only be fired at moving vehicles in exceptional circumstances. Why is this the case?

Answer 18

It is extremely difficult to disable a vehicle by discharging a firearm at tyres or other parts. The small target area and the margin for error impose a high probability of misdirection or ricochet increasing the risk of causing death, injury or damage.

Question 19

When there has been a firearm discharge involving death or injury what must the incident controller present or the person appointed as incident controller do?

Answer 19

1. take control of the scene
2. ensure first aid is rendered
3. manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
4. inform the District Commander, who in turn will initiate alcohol and drug testing of employees involved in the shooting in accordance with Commissioner’s Circular - Testing Police employees for alcohol and illegal drugs after a Police shooting.

Question 20

An unintentional discharge of firearms may occur through…?

Answer 20

1. Operator error: e.g. a failure to follow procedure and ensuring a firearm is in the unload state before conducting a pre-op check, leading to an unintentional discharge.
2. Mechanical fault: a fault with the firearm leads to a discharge.

Question 21

In all other instances of firearms discharge (except for training and animal destruction) the incident controller present or the person appointed to do so must take control of the scene and then…?

Answer 21

1. Mark the discharging employee’s position, empty cartridge cases, bullet fragments, and any other items or people associated with the discharge.
2. Preserve the cartridge cases and, where possible, the bullet or bullet fragments.
3. Secure the firearm and remaining rounds, making the firearm safe
   as soon as practicable recording any action taken.
4. Preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries.
5. Advise the employee’s immediate supervisor who will advise the District Commander. Report this use of force in compliance with the Use of Force reporting requirements. If the discharge has been unintentional, follow the procedure for Reporting and investigating unintentional discharges (no death or injury)
6. Commence review / investigation into the incident.
7. Conduct a debrief in compliance with the Debriefs chapter.

Question 22

When securing the firearm at the scene of a Police shooting, on no account should…?

Answer 22

The firearm be altered or items/ accessories removed.

Question 23

When commencing a review at a Police shooting, what will the scope and scale of the review depend on?

Answer 23

The nature of the discharge and whether there was any

potential for injury.

Question 24

Section 62 of the Crimes Act 1961 covers excessive force. What does it outline?

Answer 24

Everyone authorised to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

Question 25

Under F61 when must fire orders be given?

Answer 25

When firearms are issued before the start of authorised routine carriage and pre-planned operations, fire ordrers must be given by operation or unit commanders as part of the operation briefing.

In all other operation circumstances where firearms are carried, if time and circumstances permit, supervisors must draw attention to the fire orders printed on the inside cover of the Police issue notebooks.

Every time employees receive formal firearms training they must be asked by the instructor to demonstrate their through knowledge and understanding of fire orders.

Question 26

In relation to firearms, when must a TOR be completed?

Answer 26

Presentation
- Each time a firearm is presented at another person other than in training, with the exception of AOS and STG whilst employed in their role.

Discharge
- Each time a firearm is discharged other than in training.

Unintentional Discharge
- Each time there is an unintentional discharge of a firearm (except where in training) and it is clearly established the discharge was unintentional and no injury is involved.

Destruction of animals
- Each time a firearm is used for the destruction of animals.