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JB Insp June 2022 > 6 Firearms > Flashcards

6 Firearms Flashcards

1
Q

Regarding FA checks and ensuring compliance with the Arms Act what do Police focus and tailor interventions on?

A

Level of risk
Actual or potential consequences
Behaviour and attitude of FAL holder

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2
Q

In terms of RISK around compliance of the Arms Act what TWO ASPECTS of RISK do Police focus on?

A

Magnitude of the consequences that may eventuate

Likelihood of that event occurring

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3
Q

With regard to FAL holders complying with the Arms Act what do Police expect?

A

That FAL holders will OPERATE SAFELY, SECURELY AND RESPONSIBLE

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4
Q

What are some barriers to FAL holders operating safely, securely and responsibly?

A

Lack of awareness or understanding
Some ppl will only make effort to comply because of the risk of NON COMPLIANCE
Some ppl will NOT comply at all

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5
Q

What are the polices aims and objectives in regard to FAL holders and checks?

A

To make COMPLIANCE as easy as possible
Assist those that are TRYING to comply
Encourage compliance through intervention
Use the full force of the regulatory process for those unwilling to comply or negligent

The nature OR level or risk may require regulatory action by Police

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6
Q

What does compliance mean re FAL holders?

A

Meeting or exceeding the requirements of the regulatory framework.

Police seek the highest possible level of voluntary compliance

Police compliance activities are aimed at having the maximum impact on outcomes: personal and public safety, security of, and the responsible use of firearms.

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7
Q

Decisions in regard to FAL holders being compliant with the law and any Police INTERVENTIONS will be want?

A

Logical, timely and considered
Evidence based
Impartial without fear, favour or bias
Sufficiently robust and well documented
Proportionate to the risk of non compliance
Consistent with the law, public interest, Police policy and values

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8
Q

What are some of the options regarding Police interventions for FAL holders?

A

Warning letters
Improvement notices
Prescribe conditions on a dealers or firearms licence
Issue a temporary suspension
Revoke a firearms or dealers licence or endorsements

Police will determine the appropriate interventions/s based on consideration or risk, attitude, behaviour and capability.

Assessment against the factors above, and attitude to compliance, will support a decision about the best course of action. There is a continuum of possible interventions (refer ‘Interventions principles’):
• From – an approach based on information, engagement, education to support and encourage compliance.
• To – an approach that may lead to enforcement interventions such as the issuing of an improvement notice, a warning, a temporary suspension notice or the revocation of the firearms licence.

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9
Q

If you are considering enforcement action against a FAL holder what attributes should you possess?

A

Expertise and experience

So that you can weigh up the

Extent of harm or risk or risk of harm - danger to self or others

Conduct - behaviour, intent and capability

Public Interest

Attitude to Compliance - so interventions will have desired effect

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10
Q

When can someone be automatically be disqualified from holding a FAL? s22H

A

If they have within the previous 10 years
Been convicted or released from custody after being convicted of a
serious violent offence, alcohol or drugs
Game Animal Act
Wild Animal Act
Wild Animal Control
Has a temporary PO served on them
Grounds for a PO
Previously non complied with Arms Act, regs or conditions
Showning signs of MH, physical symptions that may adversely affect their ability to safelty have a FA
Abuse of alcohol (dependant)
Uses drugs in a way that affects their judgement or behaviour
Member of or close affiliatin with a GANG or ORGANSISED CRIMINAL GROUP
Promotes extreme hatred, violence or extremism
Risk to states national security

Has or had within the previous 10 yrs had a protection order made against them
Various MODA and CA offences
an existing licence holder, convicted of an offence specified in section 22H in March 2020, or who previous to 24 December 2020 had a protection order made against them, is not a disqualified person because the conviction occurred, or the protection order was made before the commencement of section 22H

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11
Q

The Arms Act still requires a person to be what to hold a FAL?

A

A FIT and PROPER PERSON to be in POSSESSION or a FA or airgun

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12
Q

What is the purpose of the Firearms Act?

A

The purposes of the Act are to:
• promote the safe possession and use of firearms and other weapons
• impose controls on the possession and use of firearms and other weapons.

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13
Q

What should you do if a FAL holder is not considered to be a fit and proper person?

A

Consider:
Temporary suspension while revocation is considered
Revocation

The assessment of a person’s fit and proper status requires consideration under a two-stage process:

  1. Whether a firearms licence holder is involved in specific behaviours, offending or circumstances defined in s24A(1)(a)-(n) or 24A(2) or as considered relevant. Then
  2. Whether the severity and recency of the circumstance(s) (specific behaviours, offending listed above) individually at first, and then collectively when considered overall. One significant matter may suffice, or more less significant matters. This includes all other matters deemed relevant
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14
Q

When would you consider a person is not a fit and proper person to be a FAL holder? Examples

A 
When they demonstrate:
Unlawful 
Dangerous
Unsafe behaviour
Non compliance with licence
Behaviour which indicates a lack of judgement
Poor decision making

Before a licence holder can be considered not fit and proper, Police should consider:
• the severity and recency of the circumstance(s) (specific behaviours, offending), both individually and then
• collectively when considered overall. This takes into account all other matters deemed to be relevant.

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15
Q

When deciding if a person is a fit and property Person what IS considered?

A 
that the applicant has  a
sound knowledge of safe POSSESSION and USE of FAs
Understands the LEGAL OBLIGATIONS
AND
Other criteria
AND 
Other relevant matters

For example, a licence holder with multiple offences involving threatening behaviour may be brought under the legislative regime through this provision if deemed to meet the purposes of the Act.

Seriousness of failure

  • type of conduct
  • specific conduct alleged
  • risk of harm
  • multiple incidents/breaches
  • History of compliance/non compliance
  • Escalation in offending/harmful behaviour
  • Risk of harm
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16
Q

Who or what can you search if you invoke s18 SAS Act?

A

RGTS
Person who is in POSSESSION or has in their CONTROL
Is in BREACH of the arms act
By reason of their physical or mental condition is not capable of having proper control
OR
may kill or cause bodily injury
OR
PO or PSO is in place
OR
Grounds to make an application for a PO exist

YOU CAN
ENTER
SEARCH 
PERSON or anything in their control (inc vehicle)
SEIZE any FAs or FAL
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17
Q

What is the criteria (listed in s24A) for finding someone is NOT a fit and property person to be in possession or a FIREARM OR AIRGUN? Give examples

A

If the MEMBER of POLICE is satisfied that 1 or more exist

  • CHARGED with or CONVICTED of an offence punishable by imprisonment
  • Can be in NZ or OVERSEAS
  • charged with or convicted of an offence against
    • 231A Crimes Act
    • Game Animal Council Act
    • Wildlife Act
    • Wild Animal Control Act
  • has or had a TEMPORARY protection order against them
  • has inflicted or is inflicting FH against another person and that person has GROUNDS for a temp PO
  • has had a restraining order against them
  • non compliance with this act
  • shows signs of mental illness that may adversely effect their ability to safely possess a Firearm
  • abusing alcohol to an EXTENT that it effects their judgement or behaviour
  • abusing drugs (prescription or non prescription) to the effect that it impairs that judgement of behaviour
  • member of or close association with a gang or organised criminal group
  • promotes violence, hatred or extremism
  • risk to states national security
18
Q

What does compliance mean in terms of the Fire Arms Act?

A

Meeting or exceeding the requirements of the regulatory framework.

Police aim to have the highest possible level of VOLUNTARY compliance

19
Q

When deciding what level of intervention is warranted, what factors should you consider?

A
  • extent of harm or RISK of harm (inc self harm)
  • Conduct
  • Public Interest
  • Attitude to compliance

Application of these factors require EXPERIENCE and EXPERTISE

20
Q

A person is DISQUALIFIED from holding a FAL if they have been what? 22H of the AA

A

Convicted of a offence OR released from custody after conviction of an offence specified in the AA OR had a PO made against them in the last 10 YEARS

21
Q

When did s22H of the AA come into effect?

A

24 December 2020 -meaning anyone convicted of a offence specified under s22H is not automatically disqualified under this section if it happened prior to 24 Dec 2020.

22
Q

If a FAL holder is convicted of an offence under s22H of the AA and their FAL is revoked can they appeal this?

A

NO - you cannot apply for an appeal or review of this type of revocation

23
Q

If a person commits an offence under the Trespass Act AND was carrying WEAPON (can be a gun or bow and arrow) they can be disqualified from holding a FAL for how long?

A

Max two years under the Trespass Act, s12
Starts from date of conviction
Court can also order that they are not allowed to carry any weapon for two years

Can also apply for their status as a FIT and PROPER PERSON to be reviewed with a view to revoking their FAL permanently.

A weapon is anything from which a shot, bullet, arrow or tranq or other missile can be fired

Can be a gun, bow and arrow etc

24
Q

If you serve a PSO on a FAL holder what happens?

A

The FAL holder MUST IMMEDIATELY surrender their FAL AND any weapons in their POSSESSION or UNDER THEIR CONTROL

25
Q

It is a standard condition of every Protection Order that the respondent MUST not have in their possession or under their control any FAPRAE, can this condition be removed or changed?

A

YES - it can be changed by the COURT under section 157

26
Q

s24 of the AA requires that a FAL applicant be a FIT and PROPER PERSON, are they all the same considerations for a FAL and a dealers FAL?

A

No there are different considerations re the fit and proper person considerations depending on if you are applying for a FAL, endorsements and Dealers licence

27
Q

The assessment of a persons fit and proper status is a two part stage process, what are the stages?

A

1 Whether the FAL holder is involved in specific behaviours , offending or circumstances defined in s24A (charged with or convicted of an offence punishable by imprisonment either in NZ or overseas)

2 Whether the SEVERITY and RECENCY of the circumstances are relevant, individually at first

THEN

Consider both collectively.

One significant matter may suffice, or more less significant matters

28
Q

s24A (1) and (2) may be used as possible grounds for the suspension and revocation of a FAL?

Give some examples of things that might be considered

A
  • Person is CHARGED with
  • or has been CONVICTED of an offence
  • in New Zealand or overseas
  • that is punishable by a term of imprisonment
  • (including, but not limited to, an offence involving violence, drugs, or alcohol)
  • poaching
  • against the Game Animal Council Act
  • Wildlife Act
  • Wild Animal Control Act
  • Had a Temp PO served on them
  • Has or is inflicted FH against another person AND there are GROUNDS for a PO
29
Q

When Police are considering suspending or revoking a FAL due to a persons fit and proper statues what do they have to disclose to the FAL holder as part of NATURAL JUSTICE PRINCIPALS?

A
  • the adverse info relied upon
  • prove the FAL holder a REASONABLE OPPORTUNITY to EXPLAIN or REFUTE the info
  • they MUST also advise the FAL holder that they can provide WRITTEN or ORAL submissions to police

REASONABLE TIME should also be given for submissions to be submitted, this is USUALLY 14 DAYS

30
Q

Police can also issue a temp suspension of a FAL under s60A(1) when Police are satisfied on REASONABLE grounds a holder has?

A
  • Failed or refused to secure arms or ammo in accordance with the regs
  • failed to comply with any conditions imposed
  • failed to comply with an improvement notice
  • Health practitioners letter
  • seized under s18 SAS Act
31
Q

Using s60A(1) you can also suspend a FAL holders licence if you BELIEVE its REASONABLE LIKELY what?

A

That a person whose FAL has been REFUSED, REVOKED, not a fit and proper person or whose FAL has been TEMP SUSPENDED can REASONABLE LIKELY gain access to that persons firearms or air guns

Only a COMMISSIONED OFFICER can make a decision to suspect someones FAL under s60

32
Q

What are the 6 situations/circumstances where you can invoke s18 SAS to search a person, or anything in their possession or under their control inc vehicle or place?

A

1 they are in breach of the AA
2 by reason of physical / mental condition
3 incapable of proper control
4 may kill or injure someone
5 PO or PSO is in effect against that person
6 Grounds for a PO

33
Q

Outline the powers of s18 SAS Act

A

s1 Can search a person and anything in their possession or under their control, inc a vehicle, can enter a vehicle or place, seize and detain any arms found and seize and detain FAL

s2 Reasons when you can invoke s1
breach of the AA, physical or mental condition,
incapable of proper control, may kill or injure
someone, PSO or PO in effect or GROUNDS for
PO

s3 if you have RGTS a cat 3 or 4 offence IS, HAS or ABOUT to be committed OR evidential material in relation to a Cat 3 or 4 offence OR an offence against the AA, may enter place or vehicle, search it, seize any FAs or FAL.

34
Q

What is the difference between 22H and 24A AA?

A

22H is an automatic 10 year disqualification for a conviction or release from custody after conviction for serious violent offence, some AA offences, some drug offences, some CA offences and had a final PO made against them.

24A a person is NOT LIKELY to be found a fit and proper person if CHARGED or CONVICTED in NZ or OVERSEAS of an offence punishable by imprisonment. There is a list of offences but this is NOT an exhaustive list.

35
Q

What is the purpose of the Arms Act?

A

To PROMOTE the safe possession and USE of FA / weapons

Impose CONTROLS on the possession and USE or FAs/ weapons

These aims MUST be kept at the forefront of assessment when determining a persons ongoing fit and proper status as a licence holder

36
Q

What MUST be kept at the forefront of assessment when determining a persons ongoing fit and proper status as a licence holder?`

A

The AIMS of the Arms Act which are

To PROMOTE the safe possession and USE of FA / weapons

Impose CONTROLS on the possession and USE or FAs/ weapons

37
Q

When WILL police reivew a persons fit and proper status?

A

When they DEMONSTRATE

  • unlawful, dangerous or unsafe behaviour
  • non compliance with licence, permit or endorsement conditions
  • behaviour that lacks judgement
  • poor decision making
38
Q

What are the list of offences under s24A that will be taken into account is see if you pass the fit and proper person test?

A
  • charged with or convicted of an offence punishable by imprisonment (violence, drugs, alcohol), in NZ or OVERSEAS
  • charged with or conviction of an offence against the
    • Game Animal Act
    • Wildlife Act
    • Wild Animal Control Act
  • have/has a temp PO issued against them
  • is, has FH against another person and there are GROUNDS for a PO
  • has had a restraining order made against them
  • engaged with non compliance with the AA
  • shows or has shown symptoms of mental OR physical illness that could effect their ability to keep FA safe
  • abuses alcohol
  • uses drugs in a way that effects their judgement or behaviour
  • member of or close affiliation of gangs
  • promotes violence or extreme hatred
  • assessed as a risk to a states national security
39
Q

What does NATURAL JUSTICE mean in terms of considering whether a person is a fit and proper person to hold a FAL?

A

Natural justice principals and case law REQUIRE police to disclose the adverse info relied upon and provide the FAL holder reasonable opportunity (usually 14 days) to refute or explain and to make any oral or written submissions

40
Q

If Police are SATISFIED that a person is either failing or refusing to secure their FAs properly, or failing to comply with any condition’s, or failing to comply with an improvement notice or have received a notice from a health provider expressing their concern - WHAT CAN YOU DO??

A

Under s60A(1) Police can issued a notice of temp suspension.

Can also use this section if you believe that a persons FA or airgun is REASONABLY LIKELY to be OBTAINED by someone that has been revoked, refused, or temp suspended OR a person who in the opinion of Police is not a fit and proper person to be in possession of a firearm, air gun or ammo

41
Q

What is the usual threshold of proof that Police must meet when considering suspencing a FAL?

A

The commissioned officer must be satisfied ON THE BALANCE OF PROBABILITIES as opposed to beyond reasonable doubt.

JB Insp June 2022 (8 decks)

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