Chapter 6-Firearms

Question 1

Under section 27 of the Arms Act 1983 What can a police employee at inspector level and above do in relation to a persons firearm licence ?

Answer 1

They can revoke the licence .

Question 2

Under section 27 Arms act what conditions allow the firearms licence to be revoked?

Answer 2

Any reason the person is not a fit and proper person to be in possession of F/A air gun.

Access to persons F/A is likely to be gained by

• a not fit and proper person
• anyone wha has been refused a firearms licence
• Refused a permit or certificate of registration
• has had F/A licence revoked because have been deemed not a fit and proper person to hold a F/Alicence
• Grounds under the Domestic violence act 1995 (whanau and Family Violence act 1995) for an application for a protection order
• such an order is in place.

Question 3

When somebody is applying for a F/A licence under section 24 who is the onus on to satisfy a police officer they are a fit and proper person?
And what rank should the constable be ?

Answer 3

The applicant

Inspector or above

Question 4

If the applicant is a fit and proper person can there be a refusal of issuing a firearms licence?

Answer 4

Yes police may refuse if they reasonably believe a non fit proper person can gain access. Or been revoked

Question 5

Grounds for revocation:
It is noted under section 24 Arms act the onus rests with the applicant, under section 27 who does it rest with to be satisfied that the person is fit and proper?

Answer 5

Inspector or above

Question 6

The second grounds for revocation of a firearms licence is what?

Answer 6

If an unfit or proper person is reasonably believed to have access to it.

Question 7

Is the Inspector expected to conduct a formal hearing before making a determination before revoking.

Answer 7

No but rules of natural justice should be complied with.

Question 8

Under section 62(2)and (3) as soon as a licence is revoked does the person have a licence.

If an appeal is filed can the firearms be returned?

Answer 8

No and No

Question 9

In domestic violence cases when a protection order is made the firearms licence is revoked is it enough for a Inspector to revoke if there is only an applicant on for a Protection order.

Answer 9

Yes

Question 10

Under section 21 DVA if a protection order is made what must the recipient do?

Answer 10

Surrender firearms

Licence to police.

Question 11

If a licence has been surrendered or revoked at the discretion of the Commissioner after 3 months or longer what person allowed to do?

Answer 11

Sell give away to a fit and proper person approved for the purpose by a member of police.

Question 12

If a person appeals who usually hears the case?

Answer 12

Courts makes consideration on papers.

Question 13

After the file has been received by a commissioned officer what must they do after they have made thier decision to refuse or revoke the licence

Answer 13

In writing state and listen to the persons reason as to why they revocation/refusal should not proceed..

Question 14

Under the arms act outlined in section 27 and 33 there is no power of search for licences and seize them. If they are not surrendered? True or false

Answer 14

True

Question 15

Under the DVA 1995 where a temporary protection order what happens to the licence and when it becomes permanent what happens? Section 21-22

Answer 15

Suspended

Revoked

Question 16

Under section 18 of the Search and Surveillance act 2012 can a constable seize firearms and licence without a warrant?

What are circumstances ?

Answer 16

Yes
Constable has reasonable grounds may seize licence

Subsection 2 breach Arms Act —protection orders Amongst other things