Firearms Flashcards
When is a person disqualified from holding a firearms license?
If they have within the previous 10 years been convicted or released from custody for offending against:
Specific offences against the arms act 1983
Serious violence offending,
Specific offences against the crimes act Specific offences against the misuse of drugs act
Family violence offending.
When will Police review a persons fit and proper status in relation to the continuation of the firearms license?
When the person exhibits unlawful, dangerous, or unsafe behaviour
When the person is non-compliant with a license, endorsement or permit conditions
Exhibits behaviour that indicates a lack of judgement
Shows poor decision making
What is the criteria to find a person not fit and proper to be in possession of a firearm?
When a member of the police is satisfied that one or more of the following circumstances exist;
Charged with an offence punishable by imprisonment
Charged with an offence under the arms act
Has a temporary protection order made against them
Has inflicted family violence against another person
Has a restraining order made against them under the harassment act
Shows non-compliance with the arms act
Show symptoms of mental or physical illness that may affect their ability to possess a firearm,
Abuses alcohol or drugs
A member of a gang or organised criminal group
What is the criteria to determine that a person is fit and proper to hold a license?
Police should take into account whether the applicant:
Has a sound knowledge of the safe possession and use of firearms
Understands the legal obligations
Any other relevant matters
What is the threshold for consideration of revocation regarding a firearms license?
Before a license holder can be considered not fit and proper, police should consider
The severity and recency of the circumstance
Both individually and then collectively when considered overall. This takes into account all other matters that deem to be relevant.
Search and surveillance act 2012, section 18. Warrantless searches associated with arms.
If you have reasonable grounds to suspect that a person is in breach of the Arms Act, is crazy, is incapable of having control of the firearm, may kill or cause injury, is a respondent of protection order, you may without warrant search the person, search anything on the persons possession, enter a place or vehicle, seize and detain any firearms found and seize and detain any firearms license that is found.
Section 63 (1) of the policing act 2008
When a supervisor is away, the commissioner may appoint an employee temporarily to any higher level of position or
Authorise employee to exercise or perform all or any of the powers and duties under this act or any other enactment , of any level of position higher than the employees own level of position.
How does the Trespass Act 1980 impact a firearms licence?
If someone committs the offence of trespass while in possession of a firearm, the courts could disqualify that person from holding a firearms licence for a period not exceeding 2 yrs.
Police should also consider revocation.
What happens to a firearms license while PSO is enforced?
Suspended.
Then consider revocation.
What happens to a firearms licence with PO issued?
All firearms surrendered. Consider revocation under “fit and proper person”.
What happens to a firearms licence with PO issued?
All firearms surrendered. Consider revocation under “fit and proper person”.
Can Police revoke a firearms license?
Yes. This process is initiated by a commissioned officer issuing a notice of consideration of revocation of firearms license to the license holder.
We have a duty to disclose the adverse information relied upon when making the decision to revoke a license. We must provide the license holder a reasonable opportunity to explain or refute the information.
Can a license holder make submissions? How long do they have?
I license holder may make oral or written submissions as to whether the license should be revoked on the ground stated in the notice.
Reasonable time should be given to the license holder. 14 days will usually suffice.
Can Police issue a notice of temporary suspension of license?
Yes, if police are satisfied the person is not fit and proper. Reasons could include,
Failing to secure firearms
Failing to comply with the conditions of license
Failing to comply with an improvement notice
Information received re-mental health
License seized under section 18 of the search and surveillance act.
Police can issue temporary suspensions to a firearm dealers license. Who else can get a suspension notice?
The holder of a license when police believe that person will give their gun to someone who has no license, or someone who has had their license revoked, or someone who is not a fit and proper person or a person whose license has been temporarily suspended.
