Arms Act 1983 - Arms Powers

Question 1

What are your statutory powers under section 18 of the search and surveillance act 2012?

Answer 1

• Reasonable grounds to suspect
• Person is carrying/in possession/has control of firearms
• That 1 or more of the following exist:
  
  • In breach of the Arms Act 1983
  • Due to physical or mental condition is incapable of proper control
  • May kill or cause bodily injury to any person
  • Under Domestic violence act 1995
    - A protection order or PSO is in force against them or
    - grounds exist for an application for a protection order to be place against them.
• Constable may search the person
• Search anything in the persons possession or control
• Enter any place or vehicle to carry out search
• Seize and detain any arms or licence
• Constable may Enter and Search without warrant any place/vehicle and seize any arms or licence found there and detain the arms or licence if they have reasonable grounds to suspect-
  
  • Category 3 or 4 offence has been committed, being committed or about to be committed
  • Evidential material relating to a Cat 3 or 4 offence

Question 2

What statutory obligations must be met when exercising these powers?

Answer 2

• S&S act 2012 - Sect 125 = RAN Sect 131=RAIN
• Section 169 on line notification
• Caution rights must be given if detaining to search as soon as the have been detained.

Question 3

What two things should you establish when speaking to people in possession of firearms?

Answer 3

• Whether the have a firearms licence

- Whether they have a lawful and sufficient purpose to have a fire arm with them.

Question 4

What is meant by:
Reasonable Grounds
Carrying
Possession

Answer 4

Reasonable Grounds - must be more than a suspicion that a breach has been commited. Seen by officer/told by a witness/an admission by the subject
Carrying - Physically holding or inside something they are carrying
Possession - same as carrying but includes occupation of land or building, the driver of a vehicle - unless proven otherwise (someone else’s property/possession)

Question 5

What should we do if we suspect that a person is no longer fit to be in possession of a firearm?

Answer 5

• Submit the facts to your Arms Officer for submission to the appropriate commissioned officer.

Question 6

Under what circumstances may you use your statutory powers?

Answer 6

• Every person in possession of any firearm/air gun/pistol/or restricted weapon
• Shall on demand give thier full name/address/DOB
• To any member of police in uniform or who produces evidence that ther are a member of police.