Firearms

Question 1

Firearms - NZ Police is responsible for ensuring compliance with the Arms Act 1983. To achieve this, Police will focus on tailored interventions, in line with what factors of the individual themselves ? (3 things)

Answer 1

• The levels of risk
• The actual or potential consequences
• The behaviour, attitude and capability of firearms license holders

Question 2

Firearms - Police will focus on two aspects of risk, what are they ?

Answer 2

• The Magnitude of the consequences that may eventuate should an Event occur
• The Likelihood of an Event occurring

Question 3

Firearms - What is the Police approach to compliance ?

Answer 3

Compliance means meeting or exceeding the requirements of the regulatory framework. It is designed to ensure personal and public health and safety, security of, and the responsible use of firearms.

Police seek the highest possible level of voluntary compliance.

Question 4

Firearms - Compliance Interventions/Decision Making

Decisions regarding Police Interventions will take into account the attitude towards compliance, and be … what ? (6 things)

Answer 4

• 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 Law, public interest and Police policies and values

Question 5

Firearms- What are the range of interventions Police can impose to non-compliance with the Arms Act ? (6 things)

Answer 5

• Education
• Warnings
• Improvement Notices
• Prescribe conditions on licences
• Suspension
• Revocation

** All based on risk, attitude, behaviour and capability

Question 6

Firearms - What are some of the Intervention “factors for consideration” when assessing a F/L holder? (4 things)

Answer 6

• Extent of Harm or Risk, OR … Risk of harm
• Conduct (behaviours, intent and capability)
• Public Interest
• Attitude to compliance

Question 7

Firearms - Under Sect. 22H of the Arms Act 1983, a person is disqualified from holding a Firearms Licence if they have within the previous 10 years been convicted, or released from custody after being convicted of what type of offences ? (6 things)

Answer 7

• Importing “prohibited firearm or ammo” without permit
• Selling, Possession, carrying, using, assembling Prohibited items, Manufacturing certain items
• Serious Violence offence, (under s. 86A of Sentencing Act)
• Other Serious Offences under Crimes Act
• Certain Drugs Offences
• Has had a Protection Order out against them in last 10 years

Question 8

Firearms - Revocation if holder becomes disqualified

When does Section 22H not apply to previous convictions of a person who is an existing firearms licence holder, at the date of the commencement of Sect. 22H ?

Answer 8

• An existing licence holder, convicted of an offence (under 22H) in March 2020, or who previous to 24th Dec 2020 had a Protection Order made against them - is not disqualified, as orders made before s. 22H commenced
• An existing licence holder, convicted of an offence (under 22H) in February 2021, or who had a Protection Order made against them AFTER 24th December 2020 - is a disqualified person, as orders made after commencement of s. 22H (24th December 2020)
• A person who is not a Firearms Holder convicted of an offence specified in S.22H in last 10 years is a disqualified person regardless

NOTE: The licence holder CANNOT apply for a review or appeal to the District Court in relation to this revocation

Question 9

Firearms - Trespass Act 1980

Under section 12 the Trespass Act 1980, any person who commits an offence against that Act, and at the time was carrying or had with them a weapon, may be disqualified by the court from holding firearms license or any other license or permit under the Arms Act for a period of how long ?

Answer 9

Not exceeding 2 years from the date of conviction

Question 10

Firearms - Trespass Act 1980

What is a “Weapon” as described under section 12 the Trespass Act 1980, where it states that any person commits an offence against that Act, and at the time was carrying or had with them a weapon … ?

Answer 10

Weapon means any:
Gun, Rifle, Airgun, or Air-rifle; and includes any kind of weapon or device from which a shot, bullet, arrow, tranquilising dart, or other missile can be discharged

Question 11

Firearms - Disqualification

Does disqualification under section 12 of the Trespass Act 1980, prevent any person from having their F/L revoked ?

Answer 11

NO … consideration should be given to revocation under section 27 of the Arms Act 1983 as to whether they are a fit and proper person to possess firearms

Question 12

Firearms - Police Safety Orders

If a bound person holds a firearms licence and they are issued with a Police Safety Order, what actions should then be taken ?

Answer 12

The Bound person’s F/licence is:
* Suspended
* Must immediately surrender to Police their F/L and any weapons in their possession or under their control
* During this period Police should assess whether they are a fit and proper person to possess firearms. A notice of consideration of revocation of the firearms license or a notice of temporary suspension may then be issued

Question 13

Firearms - Section 176 of the Family Violence Act 2018 requires when Police receive a copy of the Temporary or Final Protection Order under section 174 (2) of the Act, they must immediately establish if the respondent and any associated respondent named on the order, holds a firearms license. Police must then arrange for the appropriate person to immediately consider whether the power to revoke should be exercised under section 176 (3)

When does section 176 not apply ? (4 things)

Answer 13

Does not apply, if the order received by Police:
* Discharges a protection order, OR
* Discharges an order made under Part 5 of the Family Violence Act 2018, AND
* No other protection order is made in substitution of the discharged order, OR
* The order varies an order made under Part 5

Question 14

“Firearms” - What are the three standard conditions of every protection order under section 98, being that the respondent must … do what with their firearms ?

Answer 14

• Not possess or have under their control any weapon (includes a firearm), AND
• Not hold a firearms licence, AND
• Surrender to a Constable on demand any weapon and firearms licence in their possession or control

Question 15

Firearms - The standard conditions under section 98, (Family Violence Act 2018) relating to Firearms can be removed or changed under Section 157. If the weapons condition has been discharged or modified and the respondent applies for a firearm license, are the Police considering the application obliged to issue the firearms licence ?

Answer 15

NO
* Even if the weapons condition is discharged under the Family Violence Act, meaning that the person is not prevented from applying for a firearms license …
* The combined effect of sections 23(1)(c) and 22H(b) of the Arms Act 1983 is that the person is not eligible to apply for a firearms license for 10 years from when the final protection order was made

Question 16

Failure of a provision of the Arms Act 1983 or regulations … The basis for belief of “Failure” is that the Police employee must reasonably believe that the licence holder is doing what and proved to what standard?

Answer 16

• 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 credible basis for the belief.
• The belief should be based on evidence which can be proved “ On the balance of probabilities”

Question 17

Firearms - Being a fit and proper person to hold a firearms license

Police will review a persons fit and proper status, and correspondingly the continuation of their firearms licence when they demonstrate … what ? (4 things)

Answer 17

• Unlawful, dangerous, or unsafe behaviour, OR
• Non-compliance with licence, endorsement or permit conditions, OR
• Behaviour which indicates lack of judgement, OR
• Poor decision-making

Question 18

Firearms - Revocation or Suspension of licence

The assessment of a persons fit and proper status requires consideration under a two-stage process … explain ?

Answer 18

1. Whether a firearms license holder is involved in specific behaviours, offending or circumstances defined in section 24A(1)(a)-(n) or 24A(2) or as considered relevant. Then …
2. Whether the severity and recency of the circumstances, individually at first and then collectively when considered overall. One significant matter may suffice, or more less significant matters. This includes all matters deemed relevant.

Question 19

Firearms - Revocation or Suspension of licence
MUST KNOW - Examinable

Section 24A (1)(a)-(n) … For a person to be found “ NOT a fit and proper to be in possession of a firearm”, they will have to meet one or more of the circumstances listed here … name them ?

Answer 19

Police may find a person it’s not a fit and proper person to possess firearms and if the police member is satisfied that one or more of the following circumstances exist:
(a) Charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (Includes offences involving violence, drugs, or alcohol):
(b) Charged with or has been convicted of an offence under this Act:
(c) Charged with was been convicted of an offence against -
(i) s.231A, C.A. 1961 (entry to agricultural land to commit offence), OR
(ii) the Game Animal Council Act 2013; OR
(iii) the Wildlife Act 1953; OR
(iv) the Wild Animal Control Act 1977:
(d) Has, or has had at any time, a temporary protection order made against them:
(e) Has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act to apply for a Protection Order:
(f) Has, or has had at any time, a restraining order made against him under the Harassment Act 1977:
(g) Has engaged in any conduct involving non-compliance with any requirements of -
(i) this Act, OR
(ii) any Regulations made under this Act, OR
(iii) Any conditions to which a permit, licence, or endorsement previously issued to the person under this Act was subject:
(h) Shows, or has recently shown, symptoms of a mental or physical illness or injury may adversely affect their ability to safely possess firearms:
(i) Abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:
(j) Uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:
(k) Is a member of, or his close affiliations with, a gang or an organised criminal group:
(l) Has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:
(m) Has been assessed as a risk to a State’s National Security:
(n) Satisfies any criteria prescribed in regulations made under section 74(1)(bb) …

And Section 24A(2) also applies …

Question 20

Firearms - Revocation or Suspension of licence
MUST KNOW - Examinable

Section 24A (2) - In determining whether, for the purposes of this Act, a person is a fit and proper person to be in possession of a firearm or airgun, the member the police may take into account … what ? (4 things)

Answer 20

24(2)
(a) whether the applicant -
(i) Has a sound knowledge of the safe possession and use of firearms:
(ii Understands the legal obligations of a holder of a firearms licence,
including the endorsements that may be made on a firearms license; AND
(b) Any other criteria prescribed in regulations made under section 74(1)(bc); AND
(c) Any other relevant matters the member of the Police considers appropriate

Question 21

Firearms - Threshold for consideration of Revocation of licence
MUST KNOW - Examinable - Section 24A(1) or (2)

Once it has been established that a person has fallen under one of the provisions under section 24A(1) or (2), the fit and proper assessment can continue … Stage 1 …

Before a license holder can be considered NOT fit and proper, police should then consider … what ? (2 things)

Answer 21

• The severity and recency of the circumstances (specific behaviours, offending), both individually and then
• Collectively when considered overall. This takes into account all other matters deemed to be relevant.

Question 22

Firearms - Threshold for consideration of Revocation of licence
MUST KNOW - Examinable - Section 24A(1) or (2)

Stage 2 - Fit and Proper person Assessment

Factors that police should consider but are not limited to include … what ?

Answer 22

Seriousness of Failure
* Type of Conduct (ie: Consider maximum penalty of relevant offence if an offence is involved, risk to safety)
* Specific conduct alleged
* Risk of Harm

Circumstances surrounding the offending
* Recency
* Assessment of all information available, e.g. health practitioners report
* 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

Question 23

Firearms - Notice of consideration of Revocation of licence

This process is initiated by a Commissioned Officer issuing a notice of consideration of revocation of firearms license to the license holder.

Natural justice principles and Case Law require that police must do what ?

Answer 23

• Disclose to the license holder the adverse information relied upon when making the decision to consider revoking his license, AND
• Provide the license holder a reasonable opportunity to explain or refute the information (14 days will usually suffice).

Question 24

Firearms - Temporary Suspension of F/L pending possible Revocation

Under section 60A(1), Police may issue a notice of temporary suspension of license to … who?

Answer 24

1. The holder of a firearms licence who Police are satisfied is not a fit and proper person to possess a firearm or airgun, which includes a case where:

• Failed or refused to secure any arms items or any ammunition in the persons possession in accordance with the Act; OR
• Failed to comply with any conditions imposed on their licence, OR
• Failed to comply with an improvement notice issued under section 60; or
• Police are satisfied on the basis of a notice given under section 92 by a Health Practitioner; OR
• The licence has been seized under section 18 of the S & S Act 2012

2. The holder of a dealers licence who Police consider is not a fit and proper person to hold the licence, OR
3. The holder of a firearms licence if Police believe ACCESS to that person’s firearm or airgun is reasonably likely to be obtained by:
   * A person whose firearms licence application has been refused; or
   * A person who’s firearms licence has been revoked; or
   * A person who in the opinion of Police is not a fit and proper person to be in possession of a firearm or airgun or ammunition; or
   * a Person whose firearms licence has been temporarily suspended

Question 25

Firearms - Notice of consideration of Suspension of licence

For the purposes of regulation 28C the Commissioner has directed that only a Commissioned Officer may make decisions to temporarily suspend a licence under Section 60A - True or False

Answer 25

True

Question 26

Firearms - Notice of Suspension of licence

Police must ensure that the grounds stated in the notice of Temporary Suspension are drawn from Section 60A(1) - and linked to considerations from other parts of the Act, such as section 24A (Not fit and Proper person).

Revocation under section 27C following a suspension has to be on the grounds stated in the original notice. If revocation is not justifiable on the ground set out in the original suspension notice, what can Police do ?

Answer 26

If Further matters of concern are identified, a further suspension notice may need to be issued

Question 27

Firearms - Revocation of Licence

What is the standard of proof that a Commissioned Officer must be satisfied of, in regards to grounds for section 27(2), Revoking a F/L ?

Answer 27

The balance of probabilities

Question 28

Firearms Licence - Revoking under 27C (after Temporary Suspension Notice issued).

A member of police (Commissioned Officer) may revoke a firearms license under this section if ?

Answer 28

• They have considered any submissions made by the licence holder on whether their firearms license should be revoked on the grounds stated in the temporary suspension notice, AND
• They are satisfied on the balance of probabilities that the licence should be revoked on those grounds.

A written notice to revoke a firearms licence should be made and served promptly after the decision is made.

“NOTE”: Police decision to revoke firearms licences under section 27 is different to and can be made independently of whether any criminal charges have been considered or filed against a licence holder

Question 29

Firearms Revocation

When is the firearms licence deemed to be revoked - being when police make a decision to revoke it under 27(2), 27(C) or 62C ?

Answer 29

The point when the Commissioned Officer signs the notice of revocation

Question 30

Firearms Revocation

Pursuant to s. 28, a person whose licence has been revoked or surrendered must immediately do what when served, and what is Max. Penalty ?

Answer 30

• Surrender license
• Ceases to be licensed to possess any firearm or ammunition, AND
• Must on demand deliver every firearm in the possession or under their control to police
• May any time within 3 months or such longer period as the Commissioner may allow, sell or otherwise dispose of any firearm, pistol, restricted weapon owned by them to a person approved by Police
• Commits offence liable to imprisonment 6 months or $10,000 fine, if without reasonable excuse contravenes ss. 1 (not surrendering licence) or 2(b) (not delivering arms or ammo to Police)

Question 31

Firearms - Search and Surveillance Act 2012

NOTE: Examinable !!!

Section 18 - Warrantless Searches associated with Firearms … ss(1) - A constable who has reasonable grounds to suspect that any one more of the circumstances in subsection (2) exist in relation to a person may, without warrant do any or all of the following – what ?

Answer 31

• 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 any activity under paragraph (a) or (b)
• seize and detain any arms found
• seize and detain any licence under the Arms Act 1983 that is found

Question 32

Firearms - Search and Surveillance Act 2012

NOTE: Examinable !!!

Section 18 - Warrantless Searches associated with Firearms … ss(2) – Search and Seizure from Person - what are circumstances to be able to use this Power?

Answer 32

Circumstances are that person is carrying arms, or in possession of them, or has them under his control, AND

• They are in breach of the Arms Act 1983; OR
• They are by reason of his/her physical or mental condition (however caused)
  
  • 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 2018
  
  • A protection order or police safety order is in force against the person; OR
  • there are grounds to make application for a Protection order

Question 33

Firearms - Search and Surveillance Act 2012

NOTE: Examinable !!!

Section 18 - Warrantless Searches associated with Firearms … ss(3) - A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or licence under the Arms Act 1983 found there, and detain the Arms or Licence … if what ?

Answer 33

If Police have reasonable grounds to suspect there are Arms in the place or vehicle;

• In respect of which a category 3 or 4 offence, or offence against Arms Act 1983 has been, is being, or is about to be committed; OR
• May be evidential material in relation to a category 3 or 4 offence, or offence against Arms Act 1983