Chapter 2: Firearms, TASER and procedures ** Flashcards
Firearms
When considering enforcement of Firearms Licence breaches, are Police more interested in penalising people who have a good attitude but are unable to comply, or those who have a bad attitude and don’t intend on complying?
Police are more likely to take action where attitude is poor.
Where there is low level risk and good attitudes, Police are more likely to focus on providing information, warning, education and encouragement.
Firearms
A person is disqualified from holding a firearms licence if they have within the previous 10 years been convicted, or released from custody after being convicted, of any of which offences?
1) Certain firearms offences:
- importing/trafficking guns or ammo
- illegal selling
- posses/presenting prohibited firearms
- using/carrying guns with criminal intent
- manufacturing certain firearm parts
- falsifying markings on guns
2) Serious offending as defined in the Sentencing Act
3) Certain Crimes Act offences
- piracy
- slavery
- participating in an organised crime group
- strangulation
- acid throwing
- assault with a weapon
- blackmail
- arson
- intentional damage
- threatens to kill/do gbh
4) Certain drugs offences
- dealing drugs
- cultivating prohibited plants
- clan lab offences
- importing precursors
5) The person has, or has had within the previous 10 years, a Protection Order made against them
NOTE:
These rules came in in March 2020. If a person already had a firearms licence but has these offences from before that date, they can keep the licence.
The date for Protection Orders is 24 December 2020.
Firearms
How does the Trespass Act affect firearms licence holders?
Any person who commits an offence against the Trespass Act while carrying (or having with them) a firearm MAY be disqualified by the courts (licence revoked) for a period not exceeding 2 years from the date of the offence.
The court can also order that the person must not carry a bunch of other gun. includes arrows and tranq. darts.
Firearms
What do Police do when a firearms holder has a PSO served on them?
Family Violence Act 2018, Section 40:
a person firearms licence is suspended while a PSO is in force.
Family Violence Act 2018, Section 37:
the bound person must immediately surrender their licence and any weapons to a Constable
This includes:
- firearm
- airgun
- pistol
- prohibited magazine
- prohibited part
- restricted weapon (as defined by the Arms Act)
- ammunition / explosive
During this time, Police should consider revoking the licence.
Firearms
What do Police do when a firearms holder has a Protection Order issues against them?
Police must consider whether to revoke the licence. An assessment will need to be done to ascertain whether the respondent is fit and proper.
Firearms
If a firearms licence holder is issued with a Protection Order (as the respondent) do they lose their licence?
A standard PO condition is that the Respondent cant possess or have control of a firearm or have a licence. They also have to surrender all firearms to Police.
However, this condition can be excluded when the judge issues the PO.
This doesn’t mean that Police have to issue a licence. They can still reject/revoke it.
ALSO section 23H of the Arms Act states that a person isn’t eligible to apply for a firearms licence for 10 years from when the PO is made.
Temp PO = licence suspended
Final PO = licence revoked (if the standard condition is in place)
NOTE: An INSPECTOR OR ABOVE must issue the respondent a written notice of revocation and ensure that the licence and firearms are surrendered.
Firearms
Can Police demand details of someone who is in possession of a firearm?
What can Police do? Power of Arrest? Charges?
Yes. Yes. Yes.
Every person who is in possession an any:
- firearms
- airgun
- pistol
- restricted weapon (as outlined in Arms Act)
Shall, on demand, provide:
- full name and DOB
- address
To any Police officer in uniform or who produces evidence that they are Police.
If they refuse, the officer MAY caution them and arrest them without warrant.
There is a charge for this. 3 months of $1000 fine.
Firearms
You see a male standing on his front yard (private property), minding his own business, holding a firearm.
Can you demand detail from him?
Yes.
You can ask anyone’s details if they’re in possession of firearms.
Firearms
You find a firearm hidden in a property, the home owner denies knowledge of it. Who is in possession of it?
What about in a vehicle?
Arms Act S.66
Every person in occupation of any land or building or the driver of any vehicle on which any firearm is found, shall be deemed to be in possession of that firearm.
Unless they prove that it’s not their property and that it was in the possession of someone else.
NOTE:
This doesn’t mean that the firearm HAS to the be drivers/occupiers.
Firearm includes airguns, pistols, imitation firearms, restricted weapons and explosives.
Firearms
Law note - Hepi v R [2010] - Section 66
What type of provision does s.66 provide?
S.66 provides a ‘deeming’ provision. The alleged offender can be ‘deemed’ to be in possession of arms/ammunition found at a place that they occupy.
Defence need to prove ‘on the balance of probabilities’ that the arms belong to someone else, not the alleged offender.
Firearms
S+S s.18
Tell me about it
Subsection’s 1 and 2:
RS2S of one of the following circumstances:
That a PERSON is carrying/possession/control of arms AND
- breach of Arms Act
- because of physical/mental condition is incapable of having control of arms or may kill/injure someone
- a PSO or protection order is in place or there are grounds to make an application
May:
- search the PERSON
- search anything in the person’s possession or under their control (including vehicle)
- enter a place to do these two ^^
- seize detain any arms or firearms licence
Subsection 3:
RG2S that there are arms in a place/vehicle (no person’s need to be there) that are ‘in respect’ of any category 3/4 offence or any Arms offence.
The offence can be past present or future. Or it could be any evidential material of those offences.
NEEDS TO BE ARMS IN THE PLACE/VEHICLE THOUGH (TO TRIGGER THIS SECTION)
Can enter/search and seize any arms of firearms licence found there.
Firearms
When can firearms be carried by frontline?
When their PCA is that the situation is, or is likely to escalate to, the death/GBH level.
Firearms
When can Police carry firearms?
excluding frontline
- AOS / STG / Protection Services
- Airport staff or anyone doing airport duties that is ‘Security Designated’ under the Civil Aviation Act 1990
- When escorting or guarding people who are carrying valuable (as authorised by a District Commander)
- destroying animals
- training purposes
Firearms
Who must be advised if you decide to wear a firearm?
What other thing must you do?
Advise your immediate supervisor AND COMMS as soon as practicable.
You must also deploy with a Taser (where one is available)
Firearms
What are the rules about wearing ballistic armour when attended firearms jobs?
EMPLOYEES must wear the approved hard armour plate (HAP) and stab resistant body armour (SRBA) when deploying to an incident where they believe firearms are or court be present.
With the exception of specialist groups.
