2.1 Firearms & Taser Policy & Procedures

Question 1

Section 40 Arms Act - Person in possession of firearm to provide details, must comply how?

Answer 1

Every person in possession of any firearm weapon etc shall on demand, give his full name, address and date of birth to any member of police who is in uniform or produces evidence that he is a member of police

If the person refuses to provide details, the police member may caution that person and arrest if the continue to refuse or fail to provide correct particulars.

Penalty 3 months or $1000 fine.

Question 2

Section 66 - Occupier of premises or driver of vehicle deemed to be in possession of firearm.

Answer 2

Every person in occupation of any land or driver of any vehicle in which any firearm weapon etc is found is deemed to be in possession of that weapon unless he proves that it was not his property and that it was in the possession of some other person.

Question 3

What is the threshold of proof and What needs to be proved to rebut possession of a firearm (s66)

Answer 3

The balance of probabilities and that the firearm etc was not their property and that it was in the possession of some other person

Question 4

In what circumstances or duties can firearms be carried by Police?

Answer 4

• When your PCA falls within FEAR death/gbh
• AIRPORT duties
• STG, AOS
• For TRAINING
• ESCORTS or guards for people carrying valuables (eg cash in transit)
• To DESTROY animals

F.A.S.T. E. D

Question 5

When dealing with an armed offender or an offender believed to be armed, you should proceed how?

Answer 5

• Treat all offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary
• Conduct an ongoing TENR
• It is better to treat the matter too seriously than too lightly

Question 6

For Police - In what situations can firearms be used?

Answer 6

• Training
• Animal destruction
• Tactical option

Question 7

An offender must not be shot unless what?

Answer 7

An offender must not be shot unless what?

• officers FEAR of death/GBH
• OFFENDER has been asked to surrender (unless it is impractical to do so)
• There are no LESS violent means
• Further DELAY would be dangerous or impractical

F. O. L. D

Question 8

What are the lawful purposes for Police using firearms? i.e. Sections of the Crimes Act

Answer 8

• S48 self defence or defence of another
• S39 arrest
• S40 prevent escape
• Destroying animals

Question 9

General rules around firing warning shots state…

Answer 9

Warning shots should not be fired.

However, there are circumstances where a warning shot may be fired e.g. the suspect has been asked to surrender and has not done so and it can be safely aimed as a warning shot

Question 10

Shooting at moving vehicles

Answer 10

Shots may only be fired at moving vehicles in exceptional circumstances.

It is extremely difficult to disable a moving vehicle by shooting at tyres. There is a high probability of of misdirection, ricochet increasing the risk of causing death, injury or damage.

Question 11

Actions to be undertaken when firearm discharge involves injury or death

Answer 11

• CONTROL taken of the scene
• RENDER first aid
• ADVISE the District Commander who will initiate alcohol and drug testing of the employees involved.
• MANAGE the scene

C. R. A. M

Question 12

What actions should be taken in all other instances of firearms discharge (except training and animal destruction)

Answer 12

• SECURE the firearm and remaining rounds
• MARK the discharging employee’s position, empty cartridge cases, bullet frag
• ADVISE the employee’s immediate supervisor who will notify the district commander
• PRESERVE cartridge cases and bullet fragments where possible
• PHOTOGRAPH and preserve the scene
• INVESTIGATION and reviews
• DEBRIEF conducted

S. M. A. P. P. I. D

Question 13

Who completes the Tactical Options Report in regards to a fatal or non-fatal Police shooting

Answer 13

The report must be submitted by a SUPERVISOR when a discharge results in injury or death

Question 14

Employee are to complete own Tactical Options Report (TOR) on 4 occasions, What are they?

Answer 14

1) Presentation (exception of AOS and STG)
2) Discharge (other than training)
3) Animal Destruction
4) Unintentional Discharge (no injury involved)

P. D. A D. U D

Question 15

Notifying supervisor when a TASER is shown or used. Who and when?

Answer 15

The employee must notify a supervisor as soon as practicable.

In the case of rural employees, they must notify the nearest on duty supersvisor

Question 16

What are the supervisors actions after an employee’s operational use of a TASER

Hint: P M P E M U R

Answer 16

1) PHYSICAL ATTENDANCE
- check to see if physical attendance is required (facetime)
2) MEDICAL ATTENTION
- ensure after care and medical attention is provided
3) PRESERVE SCENE
- preserve and photograph scene as may be necessary for further enquires.
4) EVIDENCE COLLECTION
- Collect 4-5 cartridge tags
5) MEDICAL PRACTIONER
- ensure people who are TASERED are seen by a registered medical practitioner, or qualified ambulance officer
6) UPLOAD FOOTAGE AND TOR
- ensure operator completes TASER register, TOR and uploads footage to evidence.com
7) REVIEW
- review footage and TOR

P. M. P E. M. U. R

Question 17

Sec 33 of the Policing Act 2008 relates to Identifying particulars for summons - What powers do Police have regarding this?

Answer 17

A constable who has Good Cause To Suspect a person of committing offence and intends to proceed by summons can - detain person in any place

(a) to take identifying particulars (details, fingerprints)
(b) only for a necessary period to take particulars.

Question 18

In terms of Police responsibility in relation to the Arms Act 1983, What are police responsible for ensuring in compliance with the Act for FA licence holders?

Answer 18

– LEVELS of risk
– ACTUAL or potential consequences
– BEHAVIOUR, attitude and capability of firearms license holders

L.A.B.

Question 19

A police risk approach focus on two aspects. What are they?

Answer 19

Answer:

• The level of consequences should the event occur, and
• Likelihood of the event occurring

Question 20

What are some of the things that prevent firearms licence holders from operating safely securely and responsibly?

Answer 20

Answer:
– lack of awareness, understanding or capability
– some people will make efforts only because they see risk from Police in non-compliance
-some people will not comply at all

Question 21

In regards to risk, attitude, behaviour and capability of the firearms holder, what do Police aim to do?

Answer 21

Answer:
- MAKE compliance as easy as possible for those who came and those who want to comply
– ASSIST those who are trying to comply but not succeeding
– USE the full force of the regulatory process for those who do not want to comply or a willfully negligent.

Question 22

In relation to intervention principles what decisions must the police take into account for the attitude towards compliance?

Answer 22

Answer:
- CONSISTENT with the law, public interest, Police policies and values
- LOGICAL, timely and considered
- EVIDENCE based
– MADE impartially without fear, favour, bias, prejudice or improper motive
- PROPORTIONATE to the risk posed by the noncompliance behaviour

C. L. E. M. P

Question 23

What are the range of interventions available that enables Police to deal with compliance issues?

Answer 23

• INFORMATION and educational material
  – WARNING letters issued
  – IMPROVEMENT notices issued
• CONDITIONS on dealers or firearms license
  – NOTICE of temporary suspension of firearms license issued
• REVOKE a firearms or dealers license

I. W. I. C. N. R.
“IWI Corner”

Question 24

What are factors for consideration in the process where intervention is necessary for firearms license holders?

Answer 24

Answer:

• PUBLIC interest
• ATTITUDE to compliance
• CONDUCT
• EXTENT of harm or risk

P. A. C .E

Question 25

When is a firearms license holder disqualified by the court for an offence under the Trespass Act 1980?

What is the penalty or consequence in relation to holding a firearms license?

Answer 25

Answer:
When that person who commits an offense against that act and at the time was carrying or had with them a weapon

Answer:
The penalty is disqualification from holding a firearms license or any other license or permit under the Arms Act 1983 for a period not exceeding two years from the date of the conviction

Question 26

In relation to Police Safety orders under what section of a Family Violence Act can a persons firearms license be suspended? And what actions can be taken?

Answer 26

Answer:
Under section 40 of the FV Act 2018 while a Police safety order has been issued and is in force.

Under section 37 of the FV Act 2018 the bound person must surrender to a constable their firearms license and any weapons in their possession or under their control.

Question 27

In relation to section 176 of the Family Violence Act 2018 what is required when police receive a copy of a temporary or final protection order under 174(2)?

Answer 27

Answer:
Please police must immediately establish which respondent and any associated respondent named in the order holds a firearms license

Question 28

What is the standard condition of every protection order section 98 that a respondent must abide by?

Answer 28

Answer:
- They must not possess or have under their control any weapon (which includes a firearm), and
- Hold of firearms license, and
– Surrender to a constable immediately any weapon and firearms license under their possession or control

Question 29

Under section 23 (1)(c) and 22H (b) of the Arms Act 1983 How many years is a person ineligible for applying for a firearms license?

Who issues the respondent a written notice if a firearms license is revoked under a final protection order is in place?

Answer 29

Answer:
10 years from when the final protection order was made.

Answer:
An inspector or higher rank issues the respondent a written notice and ensure the holders firearm license and any firearm in their possession or control is surrendered.

Question 30

What was held in Hepi v R in relation to possession?

Answer 30

Answer:
It was held that the district court misdirected the jury on the meaning of possession which resulted in a potentially unsafe verdict with regard to firearms and explosives. The conviction was quashed.

If the occupier proves on the balance of probabilities that they were not in possession of the arms or ammunition and not the occupier of the place on which they were found and those weapons were in possession of someone else,NOT the alleged offender, then the defence may rebut such presumption.

Question 31

What powers does an officer have under s18 of the Search and Surveillance Act 2012?

Answer 31

Answer:
A constable who has reasonable grounds to suspect that any one or more of the circumstances in subsection (2) exists in relation to a person may without a warrant do 1 of the following:

a) Search the person
b) Search anything in the person’s possession or under his/her 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 license 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
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.

Question 32

Under s18 (3) of the Search and Surveillance Act 2012 what are a constables power of entry?

Answer 32

Answer:
Enter a place or vehicle without warrant
Search it and seize any arms or any firearm license if-
RGTS that a Cat 3 or Cat 4 offence has been, is being or will be committed

Evidential material in relation to Cat 3, Cat 4 offence or any offence against the Arms Act 1983

Question 33

Who can be deployed with Police firearms?

Answer 33

Answer:

Only certified Level 1 responders may deploy and use a firearm.

Question 34

What are the responsibilities of the officers when arming with firearms in response to a job?

Answer 34

Answer:
Employees who carry firearms because of their assessment of the situation is that it is or likely to escalate to death/grievous bodily harm range as specified by the Tactical Options Framework (TOF)

• Must advise their immediate supervisor and the Police Comms Centre
  – Deploy with a taser where one is available

Question 35

In relation to hard armour plate system (HAP) is it necessary to be worn when deploying to an incident where a firearm is believed to have been present?

Answer 35

Answer:
Yes, with the exception of specialist groups employees must wear HAP. This includes circumstances where routine carriage of firearms has been authorized in response to a specific threat.

Question 36

What are the six principles that should be applied when offenders are armed?

Answer 36

Answer:
USE TENR
Conduct ongoing TENR assessment during the incident

SERIOUS RATHER THAN NOT
Take the matter too seriously then too lightly

DE-ESCALATE
When the offender’s actions permit focus on de-escalation

DONT GO INTO DANGER
Never go unnecessarily into danger unless more casualties are likely

TREAT AS HOSTILE
Treat all offenders or if it is believed to be armed is dangerous and hostile unless there is evidence to the contrary

DONT ENDANGER OTHERS
Where practical police should not use a firearm unless it can be done without endangering other persons

U.S. D.D.T.D

Question 37

What are the Police Fire Orders (Formally F61) used for?

When are they issued?

Answer 37

Answer:
They are specific instructions on the circumstances in which Police employees may use firearms.

Answer:
Before the start of authorized routine carriage and preplanned operations as part of the operations briefing

All other operational situations where firearms are carried at the time and circumstances permit. Attention must be given to the fire orders printed inside the cover of Police issued notebooks.

Question 38

What are two situations where an unintentional discharge may happen?

Answer 38

Answer:
Operator error - eg failure to follow procedure of unload state pre-op checks
Mechanical fault - issue with weapon that causes a discharge

Question 39

Is a Tactical Options Report (TOR) submitted by the person who used the force whenever a firearm has been discharged resulting in death or injury?

Answer 39

Answer:

No, it must be submitted by a supervisor and not the person who used the force.

Question 40

What is the procedure to making a seized firearm safe and how should it be stored

Answer 40

Answer:

• Assume the firearm is loaded
• Uplift the firearm with finger off the trigger pointed in safe direction
• Empty the magazine and action. Make the firearm safe
• Label firearm, ammunition and other exhibits
• Secure firearm and exhibits in an appropriate exhibit store