Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Inspectors CPK 2018 - OJM > CH 6 Firearms > Flashcards

CH 6 Firearms Flashcards

1
Q

Section 24 - Issue of firearms licence

What are the two criteria that a member of police has to satisfy before issuing a firearms licence?

A
  • Is of or over the age of 16 years; and
  • Is a fit and proper person to be in possession of a firearm or airgun
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Section 24 - Issue of firearms licence

A firearms licence shall not be issued to a person if, in the opinion of a constable who is of or above the level of position of inspector, access to any firearm or airgun in the possession of that person is reasonably likely to be obtained by any person who’s?

A
  • Application refused - Application has been refused on the ground that he is not a fit and proper person to be in possession of a firearm or airgun; or
  • Cert Reg Revoked - certificate of registration has been revoked on the ground that he is not a fit and proper person to be in possession of a firearm; or
  • Licence Revoked - firearms licence has been revoked on the ground that he is not a fit and proper person to be in possession of a firearm or airgun; or
  • Inspector - Opinion of a constable, above inspector, is not a fit and proper person to be in possession of a firearm or airgun.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 27 - Revocation and surrender of firearms licence

Where a person who HAS been issued with a firearms licence is not a fit and proper person to be in possession of a firearm or airgun; or has access to any firearm or airgun in the possession of the person to whom a firearms licence has been issued is reasonably likely to be obtained by any person—

A
  • same criteria as application/revoke but
  • Must be notified in writing by rank above Inspector
  • Must on demand surrender licence to member of police
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Section 27 - Revocation and surrender of firearms licence

Two occasions where a firearms licence may be surrendered?

A
  • Any person may at any time surrender a firearms licence held by him.
  • Where a licence is revoked under subsection (1) of this section or surrendered under subsection (2) of this section, the person to whom the licence has been issued shall cease to be licensed to possess firearms, airguns, pistols, or restricted weapons by virtue of that licence or any endorsement on it.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Section 27A -
Domestic violence and firearms licences

Without limiting the generality of sections 24 and 27 of this Act, it is hereby declared that a constable who is of or above the level of position of inspector may, under either or both of those sections, decide that a person is not a fit and proper person to be in possession of a firearm or airgun if that constable who is of or above the level of position of inspector is satisfied: (2)

A

(a) That there are grounds under the Domestic Violence Act 1995 for the making against that person of an application for a protection order; or
(b) That such an order is in force under that Act in respect of that person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Section 28 - Effect of revocation or surrender of firearms licence

Name the 5 effects?

A
  • (1) on demand, deliver every firearm, pistol, or restricted weapon in his possession or under his control to a member of the Police.
  • (2) Any person whos licence revoked or surrendered may, at any time within 3 months thereafter or such longer period as the Commissioner may allow, sell or otherwise dispose of any firearm, pistol, or restricted weapon owned by him to a person approved for the purpose by a member of the Police.
  • (3) Subject to subsection (2) of this section, all firearms, pistols, or restricted weapons delivered to a member of the Police pursuant to this section may be detained for such period as the Commissioner thinks fit, or may, in the discretion of the Minister of Police, become the property of the Crown, free and discharged from all right, title, or interest possessed in respect thereof by any other person.
  • (4)The Minister of Finance shall pay out of the Crown Bank Account compensation for the value of all firearms, pistols, or restricted weapons delivered to a member of the Police under this section and which have become the property of the Crown as hereinbefore provided.
  • (5) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both who contravenes subsection (1).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Police powers and duties

To revoke a firearms licence Under section 27 of the Arms Act 1983, a Police employee at the level of inspector or above can revoke a person’s firearms licence if they think that:

A
  • for any reason, the person is not a fit and proper person to be in possession of a firearm or airgun; or
  • access to the person’s weapons is likely to be gained by:
    • anyone who is not a fit and proper person to be in possession of a firearm or airgun, or
    • anyone who:
    • has been refused a firearms licence under the Arms Act 1983; or
    • has been refused a permit or any certificate of registration under the Arms Act 1983; or
    • has had their firearms licence revoked because they are not a fit and proper persons to be in possession of a firearm or airgun.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Police powers DV Act

A Police employee at the level of inspector or above can revoke a person’s firearms licence if they think that the person is not a fit and proper person to be in possession of a firearm or airgun because:

A
  • there are grounds under the Domestic Violence Act 1995 for an application for a protection order against the person, or
  • such an order is already in force.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Revoking Firearms Licence

Name the 7 steps in Sec 11 of the manual that must be complied with before revoking a firearms licence?

A
  1. suspect on reasonable grounds licence holder no longer a fit and proper person. first priority is to seize any firearms and firearms licence
  2. Present the facts to a Police employee at the level of inspector or above.
  3. The inspector must then:
    • decide whether to revoke the licence, by assessing the information
    • if a decision is made to revoke the licence, follow process in section 11 of the Arms Manual 2002.
  4. The person must have the opportunity to make oral and/or written submissions.
  5. Document every action taken
  6. After arresting a person for an offence, check if they have a firearms licence. If the suspect has a licence and is not, in your opinion, a ‘fit and proper person’ to do so, take action to revoke it. Notifying the local Arms Officer is a first step.
  7. When you are on premises where firearms are stored, check firearms security. Consider seeking to revoke the licence if the conditions are breached.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Revoking firearms licences

What do you need to know about appeals?

A
  • If a person whose licence has been revoked appeals your decision to a district court, the court will hear the matter afresh. Usually, the Court will make its considerations on papers. Careful documentation is essential
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Section 11: Revocations & Refusals of the NZ Police Arms Manual.

11.2 - Procedural steps for revocation/ refusal:

It is important that the procedure outlined above (1 – 8) is followed in order to avoid a revocation being overturned upon appeal, for example on the basis of a breach of natural justice.

A
  1. Once no longer fit and proper, inquiry as to revocation can begin. Note: where a statutory reason exists for revoking or refusing the licence (eg: Section 27A, Arms Act 1983) that should form the basis of revocation/refusal.
  2. prepare file, forward to a Commissioned Officer with revocation/refusal recommendation.
  3. Decision by Commissioned Officer to consider revoking/refusing the licence. For urgent problems such as threatened suicide the firearms should be seized immediately … and the surrender of the Firearms Licence demanded (Section 27, Arms Act 1983). In any case, on revocation becoming final all firearms may be seized. (Section 28, Arms Act 1983).
  4. This decision must be served on the licence holder in writing advising consideration of revocation/refusal and the reasons why, and offer to hear the person’s reasons as to why revocation/ refusal should not proceed.
  5. At a time convenient to both the Commissioned Officer and the licence holder, a hearing must be held to consider the evidence/ submission of the licence holder. The licence holder may choose to make submissions in writing, or in person.
  6. After the hearing and due consideration, the written decision of the Commissioned Officer must be served on the licence holder/applicant and a copy placed on the file. The decision must include the reasons why the licence is being revoked/refused and must address each of the points raised by the licence holder/applicant as to why the licence should not be revoked/refused.
  7. It must advise the Firearms Licence holder applicant their right of appeal under Section 62 of the Arms Act 1983.
  8. Complete computer action.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

11.3 - Right of appeal from official decisions

name the three steps?

A
  1. Pursuant to Section 62, Arms Act 1983 a person whose application for a firearms endorsement/licence/permit to procure has been refused or endorsement/licence/permit to procure has been revoked may, by way of originating application, appeal to a District Court Judge.
  2. This right of appeal is no answer to the right of the opportunity to be heard at the time of or immediately after the revocation or refusal.
  3. The revocation/refusal should be fully discussed with the person, who should be given the opportunity to discuss the circumstances with the Commissioned Officer signing the revocation/refusal notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

11.12 - Application for firearms licence refused

Name the 3 steps

A
  1. “A Firearms Licence shall be issued if the member of Police to whom the application is made is satisfied that the applicant -​​a. is of or over the age of 16 years; and b. is a fit and proper person to be in possession of a firearm or airgun”. Section 24(1), Arms Act 1983.
  2. If a Commissioned Officer of Police is of the opinion that an applicant for a Firearms Licence is not a fit and proper person to be issued with a Firearms Licence the procedure outlined in Section 11.2 of this Manual is to be followed.
  3. Draft letters are provided in the appendices to this section of the Manual.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

11.14 - Revocation and surrender of firearms licences

Name the steps 1 to 3

A
  1. Sections 27 and 27A, Arms Act 1983 outline the circumstances under which a Commissioned Officer may revoke a Firearms Licence. (See also Section 11.17 of this Manual).
  2. It includes any person who the Police believe is no longer a fit and proper person to possess firearms or airguns.
  3. It also includes any person who has possession of firearms or airguns to which a person who is not considered fit and proper may obtain access.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

11.14 - Revocation and surrender of firearms licences

Name the elements of step 4 - Where it is considered that a licence holder is no longer fit and proper in that they have: (11)

A

• shown no regard for the Arms Act or Arms Regulations; or
• been involved in substance abuse; or
• committed a serious offence against the Arms Act; or
• committed any serious offence against any other Act; or
• committed a series of minor offences against the Arms Act; or
• committed crimes involving violence or drugs; or
• affiliations with a gang involved in committing violent offences or in conflict with another gang; or
• been or is involved in matrimonial discord involving violence or threats of violence; or
• exhibited signs of psychological disturbance; or
• attempted to commit suicide or other self-injurious behaviour
• failed to comply with conditions on their licence/endorsement (especially security conditions).
Or for some other reason is considered not fit and proper, revocation of the licence should be commenced forthwith.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1.14 - Revocation and surrender of firearms licences

Name steps 5 & 6

A
  1. The possession of firearms is a privilege not a right.
  2. Care should be taken to ensure that the circumstances surrounding the decision to revoke the licence or to demand surrender of airguns or antiques is well documented to enable the decision to be justified if an appeal pursuant to Section 62, Arms Act 1983 is lodged.
17
Q

11.16 - Power to seize licence following revocation

What is the legal advice in relation to the arms act Sec 27 & 33?

A

Legal advice given is that in Sections 27 and 33 of the Arms Act 1983 there is no provision which gives the Police power to search for licences and seize them.

If the licence is not surrendered on demand the provisions of Section 26 of the Arms Act 1983 apply.

18
Q

11.17 Revocation - domestic violence

Section 27A of the Arms Act reads- “27A. Without limiting the generality of sections 24 and 27 of this Act, it is hereby declared that a constable who is of or above the level of position of inspector may, under either or both of those sections, decide that a person is not a fit and proper person to be in possession of a firearm or airgun if that constable who is of or above the level of position of inspector is satisfied, - (2)

A

a) That there are grounds under the Domestic Violence Act 1995 for the making against that person of an application for a protection order; or
b) That a protection order is in force under that Act in respect of that person.”

19
Q

11.17 Revocation - DV Act 1995 Standard Conditions, Section: 21 and 22:

What are the standard conditions relating to weapons?

A
  • Section 21 allows for the suspension of the Firearms Licence where the order is temporary and subsequently, the revocation of the licence once the order is final.
  • Section 22 allows the Court to dispense with, modify, discharge or reinstate standard conditions relating to weapons.
20
Q

Section 18 (1)- Warrantless searches associated with arms

A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following? -

A

(a) search the person:
(b) search anything in the person’s possession or under his or her control (including a vehicle):
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain any arms found:
(e) seize and detain any licence under the Arms Act 1983 that is found.

21
Q

Section 18(2) - Warrantless searches - carrying arms

The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—

A

(a) he or she is in breach of the Arms Act 1983; or
(b) he or she, by reason of his or her physical or mental condition (however caused),
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Domestic Violence Act 1995,—
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order.

22
Q

Section 18 (3) - Warrantless searches - Vehicles

A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—

A

(a) in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b) that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

Inspectors CPK 2018 - OJM (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions