Firearms Flashcards
Police will focus on 2 aspects of risk -
Magnitude of consequences should event occur
Likelihood of that event occurring
Police aim to do what with compliance (3)
Make compliance as easy as possible
Assist/Encourage compliance
Enforcement on non compliance
Intervention Principles - Attitude towards compliance will be
Logical/timely/considered Evidence based Impartial Robust/documented Proportionate Consistent with law/policy/public interest
Intervention outcomes are based on risk, attitude, behaviour and capability and include
Education Warning letter Improvement Notice Conditions on licence Temporary Suspension Notice Revocation, or Consideration of Revocation
Factors for consideration on intervention used
Extent of harm or risk of harm
Conduct
Public Interest
Attitude to compliance
Disqualification under Arms Act s22H (24/12/20)
Non Licence holder
Person is deemed as Disqualified from holding a firearms licence if in previous 10yrs been convicted or released from custody for serious offences under Arms Act/Crimes Act/MODA/Domestic Violence Act Protection Order.
Revocation if FIREARMS LICENCE holder becomes Disqualified
- NOT disqualified if offence/Protection Order prior to 24 December 2020 (commencement of 22H)
- ARE disqualified if above happened after 24 Dec 2020
Can licence holder apply to Court for review for 22H
No.
Fit and Proper Person purpose.
New since 24 Dec 2020, Section 24A, Arms Act 1983.
Promote safe possession and use of firearms
Impose Controls on possession and use of firearms
Police will review Fit and Proper status when licence holder demonstrates
Unlawful, dangerous or unsafe behaviour
Non compliance with licence
Behaivour - lack of judgement
Poor decision making
Assessment of fit and proper status 2 stage process
- Offending/behaivours
- Severity and recency
Considered individually at first then collectively.
Fit and Proper Person s24(1)(a-n)
Police may find person not F&P person if …
a. Charged/convicted of offence punishable by prison
b. Charged/convicted of Arms Act offence
c. Charged/convicted under
231A Crimes Act
Game Animal Council Act
Wildlife Act
Wild Animal Control Act
d. Temporary Protection Order
e. Family Violence with grounds to apply for Protection Order
f. Harassment Act restraining order
g. Non-compliance with this Act
h. Mental/physical injury affecting safety with guns
i. Alcohol abuse
j. Drug abuse
k. Gang member/affiliation
l. Extremist behaviour/patterns
m. National security risk
n. criteria in 74(1)(bb)
In determining F&P status Police may take into account what under - s24A(2)
a. applicant has sound knowledge of safe possession and use of firearms
Understand legal obligations
b. other criteria under 74(1)(bc)
c. any other matter police consider appropriate
S&S Act 2012, Section 18
Warrantless Searches - firearms
1 - RGSuspect - Search, enter, seize
2 - Person carrying arms, in possession or control of arms and
is in breach of Ams Act or
physical/mental condition incapable of proper control or may kill/GBH any person, or
Protection Order in force of grounds for one
Const may without warrant enter place/vehicle, search, seize and detain.
