Chapter 6 Firearms

Question 1

What are the conditions for issuing a firearms licence under S 24?

Answer 1

a. Is over the age of 16
b. Is fit and proper to be in the possession of a firearm or gun

2. Shall not be issued if a constable at the rank of inspector:

a. Refused on the ground that he is not a fit and proper person
b. Certificate of registration of owner is deemed ‘not fit and proper
c. licence has been revoked
d. Air gun, not fit and proper

Question 2

What does fit and proper mean?

Answer 2

Applicants general character and temperament (Police v Cottle)

Criminal convictions (Dobbs v Police)

Violence against a spouse: (Bush v Police)

Question 3

What is S27 revocation and surrender of firearms.

Answer 3

Commissioned officer:

Deemed not fit and proper
By notice in writing revoke the licence and shall demand surrender the licence to a Member of police

Second revelation is access to the firearm by someone other than the licence holder not being fit and proper

Question 4

When a firearms licence holder has protection order served, what happens?

Answer 4

Under the Family Violence Act 2018:

Grounds for applying for a protection order, is not or no longer fit and proper

Question 5

When does S 28 take effect?

Answer 5

On demand the person who was the holder of that licence shall deliver every firearm under his control to a member of police

Any person who has had their licence revoked at any time within 3 months sell or otherwise dispose of the firearm approved by a member of police.

Question 6

What is the appeals process?

Answer 6

Appeals will be made through district court who will hear the matters afresh.

Question 7

What is the process to revoke firearms licences?

Answer 7

1. If you suspect a person is no longer fit and proper, first priority is to seize
2. Present facts to commissioned officer
3. Inspector must then:
   - decide to revoke
   - if decision is to revoke follow process in section 11
4. The person must have the opportunity to make oral/written submissions
5. Document every action taken
6. After arresting a person for an offence, take action to revoke, notify arms officer
7. When you are entering premises where firearms are stored check security