Chapter 2 - Firearms Flashcards
What are the two aspects Police consider in relation to risk?
Two aspects:
- Magnitude of the consequences that may eventuate should an event occur, and
- Likelihood of that event occurring
In relation to risk, attitude, behaviour and capability, what do Police aim to do?
(MAEU)
- Make compliance as easy as possible for those who can and those who want to comply
- Assist those who are trying to comply but are not succeeding
- Encourage compliance through interventions for those who are reluctant to comply
- Use the full force of the regulatory process for those who do not want to comply or are wilfully negligent.
What are the Police outcomes in focus in relation to compliance?
Aimed at having the max impact on outcomes, personal, public safety, security of, and the responsible use of firearms.
Priority is achieving these outcomes.
What are the factors for considerations in relation to Firearms?
- Extent of harm or risk or risk of harm
- Conduct
- Public interest
- Attitude to compliance
What is the meaning of compliance??
Compliance means meeting or exceeding the requirements of the regulatory framework. It is designed to ensure personal and public health and safety, security of and the responsible use of firearms.
Police seek the highest possible level of voluntary compliance.
Under section 22H of the Arms Act 1983, a person is disqualified from holding a firearms licence if they have, within 10 years been convicted of what offences?
- Certain Arms Act offences
- Serious violent offences
- Certain Crimes Act offences
- Drug offences
- Protection order made against them pursuant to the Family Violence Act
What may happen to a firearms licence holder if they commit an offence against the Trespass Act 1980?
Any person who commits an offence against this Act and at the time was carrying or had with them a weapon, may be disqualified by the court to hold a firearms licence or any another licence or permit under the Arms Act for a period of 2 years from the date of conviction.
What happens when a firearms licence holder is issued a PSO?
The firearms licence is suspended while the PSO is in force, must immediately surrender licence and weapons.
What happens to a firearms licence holder if a Protection Order is issued?
Every respondent must not:
- possess or have under their control any weapon (including a firearm), and
- not hold a firearms licence, and
- surrender to a constable on demand any weapon and firearms licence in their possession or control
Explain Section 40 Arms Act 1983?
(1) In possession of firearm, airgun, pistol, restricted weapon to give name, address, DOB, to member of Police
(2) If refuse - caution then arrest
(3) Penalty - 3 months imprisonment or $1000 fine
Explain Section 66 Arms Act 1983?
Occupier of any land or building/driver of any vehicle on which firearm, airgun, pistol, restricted weapon or explosive found shall be:
- deemed in possession of that item
- not exclude liability of any body else
Must prove it was in possession of another person and was not his property.
Law notes - Explain the case law - HEPI v R?
- convicted of unlawful possession of firearm and explosive
- appealed based on misdirection s66, occupancy
- together “on and off” in a relationship for 28 years with children
- sw executed on a property Ms HEPI had owned for approx. 20 years
- drugs and firearms located, no one was home at time of sw execution, evidence of inhabited household
HELD: misdirected the jury on the meaning of possession which resulted in potentially unsafe verdict, with regard to firearms and explosive, convictions quashed.
Explain Section 18 - Search and Surveillance Act 2012?
(1) RGTS subsection (2) exists, may
- search person, person’s possessions or under their control (including vehicle), enter place or vehicle to carry out search, seize and detain arms found, licence under Arms Act 1983 found
(2) person is carrying arms, in possession or under their control and -
- in breach of Arms Act 1983, or
- mental or physical condition (however caused) is incapable of having proper control of arms, or may kill/GBH to any person
- under FVA2018 protection order or PSO in force against person, or grounds to make an application against person for PO
(3) w/o warrant enter place/vehicle, search it, seize any arms or licence under Arms Act if RGTS arms in place/vehicle
- Cat 3 or 4 offence or offence against Arms Act has been, is being or is about to be committed, or
- evidential material for cat 3 or 4 offence or Arms Act offence.
When can firearms be carried by Police?
- PCA of situation is in or is likely to escalate to death/GBH on tactical options framework
- On duty member of AOS or STG, protection services as authorised by the supervisor of that squad
- Performing airport duties at any airport that is ‘security designated’ under Civil Aviation Act 1990, role of escorts/guards auth by DC
- To destroy animals in circumstances set out in animal chapter
- For training purposes
What are some responsibilities when firearms are carried?
- Advise COMMS/Supervisor asap
- Deploy taser where one is available
- With HAP/BAS
