Arms Powers

Question 1

Under what circumstances may you use your statutory powers?

Answer 1

You have REASONABLE GROUNDS TO SUSPECT they are in possession of a firearm - must be more than a mere suspicion that a breach has been committed which could be:

• Seen by an officer
• Told to the officer by a witness
• An admission by the suspect

Question 2

What are your statutory powers under Section 18 of the Search and Surveillance Act 2012?

Answer 2

If you (any constable) have reasonable grounds to SUSPECT that a person who is carrying arms, or is in possession of them or has them under their control AND;

• the person is in breach of the Arms Act 1983 or
• the person, by reason of their physical or mental condition, is incapable of having proper control of the arms or
• the person, by the reason of their physical and mental condition, may kill or cause bodily injury to any person or
• a protection order is in force against the person under the Domestic Violence Act 1995
• a police safety order is in force against the person under the Domestic Violence Act 1995

You MAY do ANY OR ALL of the following without warrant:

• search the person
• search anything in their possession or under their control (including a vehicle)
• seize and detain any arms found
• seize and detail the person’s firearms licence

If you (any constable) have RGTS that there are arms in a place or vehicle AND
- a category 3 0r 4 offence against the Arms Act 1983 ;
has, is being or is about to be committed or
the arms may be evidential material in relation to the offence against the Arms Act 1983.

You MAY without warrant

• enter the place and search it
• seize and detain any arms or firearms licence found there.

Question 3

When statutory obligations must you meet when exercising your powers of search?

Answer 3

Section 125 and/or 131, Search and Surveillance Act 2012
R - Reason
A - Enactment
N - Name

R - Reason
A -Enactment
I - Intent to search
N - Name

Question 4

Under Section 40 of the Arms Act 1983, what information must a person give you?

Answer 4

Full name, address and DOB

Question 5

What must you do if a person fails to comply with your demand under Section 40, Arms Act 1983?

Answer 5

Warn them that they are liable to be arrested if they fail to comply
REMEMBER - This power of arrest can be enforced only after the offender has been warned about the consequences of a failure or refusal

Question 6

What are the two things that you should establish when speaking to people who are in possession of firearms?

Answer 6

Do they have a firearms licence?

What is their purpose for having the firearm?

Question 7

What is meant by “reasonable grounds”, “carrying” and “possession”?

Answer 7

REASONABLE GROUNDS TO SUSPECT - must be more than a mere suspicion that a breach has been committed which could be:
- Seen by an officer
- Told to the officer by a witness
- An admission by the suspect
CARRYING
- Physically holding the object
IN POSSESSION - possession is the same as carrying except that it goes further in that
- any person in occupation of any land or building, or
- the driver of any vehicle in which a firearm etc is found, not excluding the liability of any other person, is deemed to be in possession of that firearm etc unless they can prove (the onus is on the defendant).
- it was somebody else’s property
- it was in someone else’s possession

Question 8

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

Answer 8

Present facts to your Arms Officer for submission to appropriate commissioned officer. A decision will be made whether or not to revoke the person’s licence.