Firearms

Question 1

Section 12 of the trespass act

Answer 1

Any person who commits an offence against that Act and at the time was carrying or had with them a weapon may be disqualified from holding a firearms licence for a period not exceeding two years from the date of the conviction.

Question 2

Weapon under firearms act

Answer 2

Any gun, rifle, air gun, air rifle, any weapon or device from which a shot, bullet, arrow, tranquillising dart, or other missile can be discharged

Question 3

Section 40 Arms Act 1983

Answer 3

Every person in possession of any firearm, air gun, pistol or restricted weapon shall on demand give their full name, date of birth, address, to any member of Police who is in uniform or produces evidence of ID.

If any person fails to give the above particulars any member of police may caution that person and if such person continues or fails to give particulars, arrest without warrant.

Every person who commits this offence is liable to imprisonment not exceeding three months or to a fine not exceeding $1000 or both, who fails or refuses to give particulars or gives false particulars.

Question 4

Section 66 Arms Act

Answer 4

For the purpose of this Act, any person in occupation of any land or building or the driver of any vehicle on which any firearm, air gun, pistol, imitation firearm , restricted weapon or explosive is found, shall though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, air gun, pistol, imitation firearm, restricted weapon or explosive, unless they prove it was not their property and that it was in the possession of some other person.

Question 5

Section 18 Search and Surveillance Act

Answer 5

Warrant less searches associated with Arms

A Constable who has reasonable grounds to suspect that any one or more of the circumstances in subsection 2 exist in relation to any person may without a warrant do any or all of the following
- search the person
- search anything in the persons possession or under his or her control including a vehicle
-enter a place or vehicle to carry out the above
- seize and detain any arms found
- seize and detain any licence under the Arms Act found

The circumstances are that the person is carrying arms or is in possession of them or has them under his or her control and
- he or she is in breach of the arms act
- he or she by reason of their physical or mental condition however caused is incapable of having proper control of the arms or may kill or cause bodily injury to any person or
- that under the family violence Act, a protection order or PSO is in force against the person or
- there are grounds to make an application against them for a PO

Question 6

What four things involving a firearms discharge where death or injury has occurred, must the incident controller do

Answer 6

Take control of the scene
Ensure first aid is rendered
Manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
Inform the district commander who in turn will initiate alcohol and drug testing of employees involved

Question 7

When must a TOR report be completed for Firearms use

Answer 7

Presentation
Discharge
Unintentional discharge
Destruction of animals

Question 8

What 7 steps does the incident controller take when a discharge has occurred

Answer 8

• mark the discharging employees position, empty cartridge cases, bullet fragments, and any other items or people associated with discharge.
• preserve the cartridge cases and, where possible, the bullet or bullet fragments.
• secure the firearm and remaining rounds, making the firearm safe as soon as practicable recording any action taken.
• preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries.
• advise the employees immediate supervisor who will advise the district commander. Report this use of force in compliance with the use of force reporting requirements.

-commence review/ investigation into the incident

• conduct a debrief in compliance with the debriefs chapter

Question 9

When can firearms be used

Answer 9

• training
• animal destruction
• as a tactical option

Question 10

What 6 principles apply when dealing with an armed offender

Answer 10

• conduct an on going TENR assessment during the course of an incident
• it is better to take the matter too seriously than too lightly
• when the offenders actions permit, focus on deescalation, communication and prevention, cordon the area, and adopt the wait and appeal role in order to negotiate a surrender.
• never go unnecessarily into danger. However if the offender is acting in a way that makes casualties likely, police must act immediately to prevent this.
• treat all armed offenders or offenders believed to be armed as dangerous and hostile unless there is definitive evidence to the contrary.
• where practical, police should not use a firearm unless it can be done without endangering other persons.