Firearms Flashcards
How will Police achieve compliance with the Arms Act
They will focus and tailor interventions in line with
- the levels of risk
- the acutal or potential consequences
- The behaviour attitude and capability of Firearms licence holders
What 2 aspects will Police focus on for risk
- The magnitude of the consequences that may eventuate should an event occur
- The likelihood of that event occurring
How will Police determine appropriate interventions
It will be based on consideration, risk, attitude, behaviour and capability
What are the factors for consideration of interventions
- Extent of harm or risk of harm
- Conduct
- Public interest
- Attitude to compliance
When is a person considered disqualified from holding a firearm
Under sec 22H of the Arms Act a person is disqualified from hlding a firearms licenc if they have within the previous 10 years been convicted or released from custody after being convicted of any of the following:
- Importing firearms/ammunition
- Sell or supply prohibited firearm/magazine
- Unlawful possession of prohibited firearm
- Unlawful possession or carriage of firearm in public
- Presenting prohibited firearm at a person
- Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence
- Use or attempted use of airgun to resist or prevent arrest or commit offence
- Carrying prohibited firearm with criminal intent
- Offence to assemble prohibited firearm
- Illegal manfacturing of certain arms items
- Offences relating to illegal trafficking of firearms
- Falsifying firearm markings
- A serious violent offence (qualified violent offence)
- Piracy
- Dealing in slaves
- Participation in organised group
- Strangulation
- Acid throwing
- Assault with a weapon
- Blackmail
- Arson
- Intentional damage
- Threatening to kill or do gbh
- Drug offences
- Has had a protection order made against them
What are the rules around revocation if holder becomes disqualified
Clause 10 of new part 2 schedule 1 of the arms act clarifies that sec 22H does not apply to the previous convictions of a person who is an existing firearms licence holder at the date of the commencement of sec 22H.
- An existing licence holder convicted of an offence specified in sec 22H in March 2020 or who previous to 24 Dec 2020 had a protection order made against them is not a disqualified person because the conviction occurred or the protection order was made before the commencement of 22H
- An existing licence holder convicted of an offence specified in sec 22H in Feb 2021 or who has a protection order made against them after 24 Dec 2020 is a disqualified person because the conviction occurred or the Protection order was made after the commencement of sec 22H
- A person who is not a firearms holder convicted of an offence specified in sec 22H within the last 10 years or who had a protection order made against them within the last 10 years is a disqualified person regardless of whether the conviction occurred or protection order was made against them before or after the commencement of sec 22H
Can the licence holder apply for a review if their licence is revoked under sec 22H
No
What is the basis for belief in relation to a failure of a provision of the arms act
Police must reasonably believe that the licence holder
- Is failing
- Has failed or is
- Likely to fail
- To comply with a provision of the Arms Act, regulations made under the act or any condition on a licence, an endorsement or a permit
There needs to be an objective and credible basis for belief. It should be based on evidence which can be proved to the civil standard of on the balance of probabilities
What is the purpose of the arms act in relation to assess whether someone is fit and proper to possess firearms/airguns
- To promote the safe possession and use of firearms and other weapons
- Impose controls on the possession and use of firearms and other weapons
These aims must be kept at the forefront of assessment when determining a person’s fit and proper status as a licence holder
What kind of factors are covered under sec 24A (1) and (2) that may be used as possible grounds for the suspension and revocation of a licence under sec 60A 27C and 27 (2) (a)
- Unlawful dangerous or unsafe behaviour
- Non-compliance with licence endorsement or permit conditions
- Behaviour which indicates lack of judgement
- Poor decision making
What is the 2 stage process when assessing someones fit and proper status
- Whether a firearms licence holder is involved in specific behaviours offending or circumstances defined in sec 24A (1) (a) or 24A (2) AND
- Whether the severity and recency of the circumstances individually at first and then collectively when considered overall.
What are the circumstances listed in 24A (a) - (n) that finds a person not fit and proper
(1) Police may find a person is not a fit and proper person to be in possession of a Firearm/Airgun if
(2) Police are satisfied 1 or more of the following circumstances exist
(a) Overseas conviction or pending charge
(b) Charge or conviction under this act
(c) Charged or convicted of offence
- Burglary
- Game animal council act
- Wildlife act
- Wild animal control act
(d) At any time has had a temporary protection order made against them
- sec 79 FV act
- sec 14 of the DV act
(e) FV against another person and that person has grounds to apply for a protection order
(f) Has had a restraining order
(g) Engaged in any conduct involving non-compliance with any requirements of
- this act
- regulations made under this act
- any conditions which a permit licence or endorsement previously issued to the person under this act
(h) shows recent symptoms of mental or physical injury or illness that would affect their ability to safely possess a firearm
(i) abuses alcohol or is dependant on it that affects their behaviour
(j) Uses drugs
(k) Is a member or has close affiliations with a gang or criminal group
(l) shows patterns of behaviour demonstrating a tendency to exhibit encourage or promote violence hatred or extremism
(m) Assessed as a risk to a state’s national security
(n) satisfies any criteria prescribed in regulations made under sec 74 (1) (bb)
Because Police are not limited to 24A (1) they may also look at 24A (2)
Police may also take into account whether the applicant:
- has a sound knowledge of the safe possession and use of firearms
- Understands the legal obligations of a holder of a firearms licence including the endorsements that may be made on a firearms licence AND
- Any other criteria prescribed in regulations made under sec 74 (1) (bc) AND
- Any other relevant matters police considers appropriate
What is the threshold for consideration of revocation
Meeting the criteria in 24 A (1) or (2) is the first stage and it does not along prescribe a person is no longer fit and proper, Police also need to consider
- The severity and recency of the circumstances specific behaviours both individually and then
- Collectively when considered overall.
What are the 3 factors Police should consider as part of the assessment of determining if a person is fit and proper. This supports sec 24A (1) and (2)
Seriousness of failure
- Type of conduct
- Specific conduct alleged
- Risk of harm
Circumstances surrounding the offending
- Recency
- Assessment of all information available
- Other mitigating or aggravating circumstances around offending behaviour
Totality of behaviour
- Multiple incidents/breaches
- History of compliance/non compliance
- Escalation in offending/harmful behaviour
- Risk of harm
