Arms Powers Flashcards
Under what circumstances may you use your statutory powers? (Arms Act 1983)
The power to deal with people in possession of firearms and related weapons. These powers comprise the rights to demand details, search, detain and seize.
What are your statutory powers under section 18 of the Search and Surveillance Act 2012?
Power to search and seize
What statutory obligations must you meet when exercising your powers?
Comply with obligations under S125 and/or S131
RAN or RAIN
Under section 40, what information must a person give you? (Arms Act 1983)
Full name
Address
Date of birth
What must you do if a person fails to comply with your demands under section 40 (Arms Act 1983)
Caution the person; and
If they persist, arrest without warrant
(This POA can be enforced only after the offender has been warned about the consequences of a failure or refusal).
What are the two things that you should establish when speaking to people who are in possession of firearms?
They have a firearms licence.
They have a lawful, proper and sufficient purpose for having the firearm with them.
What is meant by ‘reasonable grounds’? (AA83)
Must be more than a mere suspicion that a breach has been committed which could be:
Seen by the officer
Told to the officer by a witness
An admission by the suspect
What is meant by ‘carrying’? (AA83)
The person actually has the firearm on or about them. It includes conveying or bearing. It has a narrower meaning than possession.
What is meant by ‘possession’? (AA83)
Possession has a wider meaning than carrying, therefore a person who carries must also be in possession.
Ideally the possessor has:
Knowledge of the firearm, and
physical control over it.
Having physical hold of the thing, or
having it in a bag they are carrying, or
having it in a vehicle they are driving.
UNLESS they can prove it is someone else’s property or in someone else’s possession. (refer S66)
What should we do if we suspect a person is no longer fit to be in possession of a firearm?
Present the facts to your Arms Officer for submission to the appropriate commissioned officer.
A decision will be made whether or not to revoke the person’s licence.
