Arms Act 1983 - Arms Powers Flashcards

0
Q

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

A
  • 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
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1
Q

Under what circumstances may you use your statutory powers?

A
  • 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.
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2
Q

What statutory obligations must be met when exercising these powers?

A
  • 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.
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3
Q

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

A
  • Whether the have a firearms licence

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

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4
Q

What is meant by:
Reasonable Grounds
Carrying
Possession

A

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)

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5
Q

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

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