Firearms Flashcards
As the regulatory authority NZ Police is responsible for ensuring compliance with the Arms Act 1983. To achieve this, Police will focus and tailor interventions in line with?
- The levels of Risk
- The actual or potential consequences
- and The behaviour, attitude and capability of the firearms licence holders
Police approach to risk What are the two aspects of risk Police focus on?
- The magnitude of the consequences that may eventuate should an event occur
- the likelihood of that event occurring
Police expect FAL holders to operate safely, securely and responsibly. Police know that:
- Barriers such as lack of awareness, or understanding or capability my prevent operating in a safe manner
- some will make efforts because they seek the risk of non-compliance
- some will not comply at all
Compliance means?
meeting or exceeding the requirements of the regulatory framework
ensure perusal and public health and safety
security of
and the responsible use of firearms
Decisions regarding Police interventions will take into account the attitude towards compliance and be:
- Logical, timely and considered
- evidence based
- made impartially and without fear, favour, bias, prejudice or improper motive
- sufficiently robust and well documented to withstand judicial review
- proportionate to the risk posed by the non-compliance behaviour
- consistent with the law, the public interest and Police policies and values
Compliance
What are the ranges of interventions available?
- provide information and educational material
- issue warning letters
- issue improvement notices
- prescribe condones on a dealers or firearms licence
- Issue a notice of temporary suspension or notice of consideration of revocation
- revoke a firearms or dealers licence or endorsement
What are the 4 factors for consideration
- Extent of harm or risk or risk of harm
- Conduct
- Public Interest
- Attitude to compliance
Disqualification
Under section 22H of the Arms Act 1993 a person is disqualified form holding a firearms if within the previous 10 years….
- been convicted of an offence under the arms act
- a serious violent offence as defined 86A of the Sentencing Act 2002
- an offence under Crimes Act 1961
- an offence under the Misuse of Drugs Act 1975
- has or had within the previous 10 years a protection order made against them un S79 Family Violence Act 2018 or S14 of the Domestic Violence Act 1995
When does Section 22H not apply?
- existing FAL convicted of an offence specified under S22H in March 2020, or who previous to 24 December 2020 had a PO made against them.
Section 12, Trespass Act 1980
any person who commits an offence against this act and at the time was carrying or had with them a weapon may be disqualified by the court from holding a FAL or any other licence or permit under the Arms Act for a period not exceeding 2 years from the date of conviction.
What is a weapon?
Weapon means any
- gun
- rifle
- airgun
- air rifle
- and includes any weapon or device from which a
- shot, bullet arrow, tranquillising dart or other missile can be discharged
PSO
Under S40 Family Violence Act 2018 what happens with a PSO is issued?
A persons FAL is suspended while PSO, that has been issued, is in force.
What must a FAL do under S37 of he Family Violence Act 2018
bound person must immediately surrender to a constable their FAL and any weapons in their possession or under their control.
What is the definition of a Weapon under the Family Violence Act 2018?
- any Firearm
- airgun
- pistol
- prohibited magazine
- prohibited part
- restricted weapon
- ammunition or
- explosive
Failure of a provision of the Arms Act 1983 or regulations
Basis for Belief
The Police employee must reasonably believe the the licence holder:
- is failing
- has failed, or is
- 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.
Section 24A(1)(a)-(n)
for the purposes of this Act, a member of the Police may find a person is not a fit and proper person to be in possession fo a firearms an airgun if the
member of the Police is satisfied that 1 or more of the following circumstances exist
- charged with or convicted of an offence in NZ or overseas this is punishable by a term of imprisonment
- charged with or has been convicted of an offence under this act
- charged with or has been convicted of an offence against
