Ch 6: Firearms Flashcards
Police are responsible for ensuring compliance with the AA 83. To achieve this Police focus and tailor intervention in line with what?
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- The level of risk
- The actual or potential consequences.
- The behaviour, attitude and capability of firearms licence holder.
What are the two aspects of risk Police focus on?
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- Magnitude of the consequences that may eventuate should an event occur.
- Likelihood of that event occuring.
What do Police expect firearm licences holders to operate how?
Safely, securely and responsibly
Police compliance activities aim at having the maximum impact on?
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Personal & Public safety
Security
Responsible use of firearms.
Principles: Compliance interventions decision making Police take into account the attitude towards compliance by:
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- Logical, timely and considered.
- Evidence based.
- made without fer, favour, bias, prejudiced or improper motives.
- robust and well documented to withstand judicial review.
- Proportionate to the risk posed by non-compliance behaviour.
- Consistent with law, the public interest and police policies and values.
Principles: Compliance interventions range of intervention available enables Police to:
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- Provide info & educational material to firearms licence applicants.
- Issue warning letters.
- Issues improvement notice if licence holder is failing, has failed or likely to fail to comply with a provision of the AA 83.
- prescribe conditions on a dealers or firearms licence.
- Issues notice of temp suspension or notice of consideration of revocation of licence.
- Revoke a firearms or dealer’s licence.
What do police determine the appropriate intervention based on?
Risk, attitude, behaviour and capability.
The four factors Police use for consideration for licence compliance`
- Extent of harm or risk or risk of hard.
- Conduct/behaviour
- Public Interest.
- Attitude to compliance.
Disqualification AA 83 Sec 22H. A person is disqualified from holding a firearms licence if they have within how many years been convicted or release from custody for offences committed against this act, serious violent offences, drug offences and DVA 95 or FVC 18?
10 years
If a firearms holder has had their licence disqualified can they apply for a review or appeal the DC disqualification?
No
Trespass Act 80 - A person who commits an offences against this act at the time was carrying or had with them a weapon may be disqualified b y the courts for holding a firearms licence for how long?
Not exceeding 2 years from the date of conviction.
Police Safety Orders - When is a person’s firearms licence suspended while a PSO has been issued.
When the PSO is in force.
Licence and any firearms or weapons must be surrender immediately.
Protections Orders - A firearms licence is deemed to be revoked when a final protection order is in force. Who can issue the respondent a written notice of revocation and ensure holder’s firearms licence and any firearms in their possession or control are surrendered?
Inspector and above.
Fit and Proper person to possess firearms or airguns.
What were the two previous statutory guidance on what it meant to be fit and proper to possess a firearm or airgun?
- Protection Order was in force or grounds for a PO to be made against a person.
- Applicant needed to pass the required tests, and still does.
What is the two purpose of the Firearms Act.
(Clues: To promote? and To impose?)
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- To promote safe possession and use of firearms and other weapons.
- To impose controls on the possession and use of firearms and other weapons.
The assessment of a person’s fit and proper status requires consideration under what two-stage process?
- The firearms licence holder is involved in specific behaviours, offending.
- The severity and recency of the behaviours, offending. (This is the threshold to revocation)
Fit and proper person assessment
Section 24A(1) (a) - (n)
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(1) Police may find a person is not a fit and proper person to be in possession of a firearm or airgun if the (MUST KNOW)
(2) Police is satisfied that 1 or more of the following exist:
(a) charged or convicted in NZ/Overseas of offence punishable by a term of imprisonment.
(b) charged or convicted of offence under this act.
(c) charged or convicted of offence against CA61, Game Animal Council Act 13, Widlife Act 53, Wild Animal Council Act 77.
(d) has temp PO made against them FVA 18 or DVA 95.
(e) has inflicted FV and that person can apply for PO in respect of the violence.
(f) has restraining order made against them Harassment Act 97.
(g) Engaged in any conduct involving non-compliance with this ct.
(h) mental or physical illness or injury that affects the ability to safely possess firearms.
(i) Abuses, dependant of alcohol.
(j) Uses drugs illegal or legal that affects their judgement or behaviour.
(k) Member of close affiliation with gang or organised criminal group.
(l) shown behaviour demonstrating violence, hatred or extremism.
(m) assessed as a risk to a state national security
(n) satisfied any criteria prescribed in relations under 74(1)(bb)
Meeting one of the above is the 1st stage in the assessment
Fit and proper person assessment
Section 24A(2)
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(2) Determining if a person is a fit an proper person to be in possession of a firearm or air-gun, Police may take into account
(a) if applicant:
(i) has sound knowledge of safe possession and use of firearms.
(ii) understand legal obligations.
(b) other criteria in regulations made under section 74(1)(bc)
(c) any other relevant matters police consider appropriate.
Falling into one of the above DOES NOT alone prescribe that person is not fit of proper.
What factors should Police consider when assessing a person is fit and proper?
Seriousness of failure, like, maximum penalty, risk of harm.
Circumstances surrounding the offending like, recency
Totality of behaviour, like multiple incidents or breaches, history, escalation of offending, risk of harm.
Who from Police can revoke a firearms licence?
A commissioned officer.
Notice must be given to the licence holder and advised they may make oral or written submissions to Police whether licence should be revoked. The licence holder should be given reasonable time to make this submission. How many days is suffice?
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14 days
Who can authorise and sign the temporary suspension notice?
The Commissioner has directed that only a commissioned officer can.
When can a Commissioned Officer revoke a firearms licence
They have consider any submission and they are satisfied ON THE BALANCE OF PROBABILITY that it should be revoked.
At what point does the revocation come into effect?
When Commissioned Officer signs the notice of revocation.
What is the standard condition every PO (s98) that a respondent must do?
Not possess or have control of any weapon including a firearm.
Not hold a firearms licence and
surrender on demand any weapon and firearms licence in their possession or control.
Who can remove or change the PO standard weapons conditions?
The Courts
When is a firearms licence deemed to be revoked?
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When final protection order is in force.
When a final protection order is in force who must then issue the respondent a written notice of revocation and ensure the holders firearm licence and firearms are surrendered?
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An Inspector or above.
The final consideration in the fit and proper assessment requires Police to review the totality of the specific behaviour/offending by the licence holder, in the context of the aims of the Act in order to reach what?
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a fair and justifiable decision.
Who can authorise and sign the temporary suspension notice?
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Only a Commissioned Officer
Revocation of suspended firearms licence under S27C a member of police is restricted to a what?
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Commissioned Officer of Police
