Firearms

Question 1

What is the definition of a firearm?

Answer 1

S. 4 Firearms Act 1996

A gun or other weapon that is (or any anytime was) capable of propelling a projectile by means of an explosive and includes a blank firearm or airgun, but does not include a paintball marker.
Includes imitation firearm

Question 2

Examination methods of firearms?

Answer 2

• Check serial number and conduct ILS
• Check origins of handgun using NEPI system/ATF
• Tracing serial number through FRICS (NSWPF Firearms and registered industries crime squad)
• Ballistic examination
• Integrated ballistic licensing system (IBIS) – database to link case with other offences
• Fingerprint/DNA examination
• Metallurgist – chemical process for recovering serial number

Question 3

What is a FPO/WPO?
Include section/act

Answer 3

FPO – Part 7 Firearms Act

FPO is an order issued by NSWPF preventing a person from possessing a firearm, firearm part or ammunition if the person is not fit (in the opinion of the commissioner) in the public interest to possess those items

WPO – Part 5 Weapons

Prohibition Act
Same as FPO for any prohibited weapon

Question 4

Process of applying for an FPO/WPO?

Answer 4

• Ensure criteria is met
• Complete ‘Request for a FPO/WPO’
• Attach relevant documentation
• Conduct a National name check to identify whether person is holder of firearms license
• Complete generic fields (name/date/address) in following docs:
• FPO/WPO checklist
• FPO/WPO order document
• Statement of reasons
• Create COPS event – incomplete follow up action ‘request with delegate’

Question 5

What do you do once the FPO/WPO has been issued?

Answer 5

• Update COPS event – Update incomplete action to issued
• Upload order to View IMS –
  DO NOT UPLOAD APPLICATION OR SERVE APPLICATION ON THE POI
• Service in person
• Explain the order
• Complete Affidavit of service and load to ViewIMS
• Update COPS event and add narrative
• Email firearms registry

Question 6

What powers do police have under an FPO?

Answer 6

S. 74A Firearms Act 1996

1) Police may exercise powers under 74A(2) as reasonably required for the purpose of
determining whether a person subject to an FPO has committed an offence against the FPO

2) A police officer may:
- Detain a person subject to FPO
- Enter any premises occupied/under control or management of person
- Stop and detail any vehicle/vessel/aircraft under control or management of person (any vehicle occupied by the person)

AND search any premises for firearms, parts or ammunition

Question 7

What powers do police have under WPO?

Answer 7

• There are NO search powers associated with WPO.
• You must rely on your search powers in LEPRA

Question 8

What considerations are there for determining whether search is reasonable?

Answer 8

1) Last time person searched?

2) Alternatives available besides searching to ensure compliance?

3) Are there known facts suggesting subject is breaching the order?

Question 9

When do FPO take effect? (When can you exercise powers and enter/search?)

Answer 9

FPO takes effect as soon as served in person. They MUST be served in person by a police officer. You cannot enter/search until FPO served.

Question 10

Can you force entry with an FPO?

Answer 10

You can only force entry if FPO has been served. It must be reasonable in the circumstances.

Question 11

Examples of factors support FPO application?

Answer 11

• Significant criminal history
• POI associates with people having significant criminal history
• POI association/member of OMCG
• Involvement in DV resulting in AVO
• POI demonstrates general disregard for the law

Question 12

Offences for Breach FPO?

Answer 12

S. 74 (4) – A person must not supply or give possession of a firearm, firearm part or ammunition to a person knowing that the person is subject to an FPO

S. 74 (6) – A person who is subject to an FPO is guilty of an offence if a firearm, firearm part or ammunition is kept or found on premises at which the person is residing

S. 74 (8) – Person subject of an FPO must not attend premises of a firearms dealer, shooting range, club etc.

Question 13

What if, during your search of the premises, you find other items that are illegal?

Answer 13

1) Informed consent

2) Statutory powers:
Drugs: S.39 DMTA – power to seize cannabis, heroin, morphine Weapons – S. 39 Weapons prohibition act
Dangerous article – S. 22 LEPRA

3) Common Law – Ghani V Jones

4) Search warrant/CS warrant – safest option.
SW – Evidence of indictable offence, doesn’t allow forensic examination
CSW – Serious indictable offence, allows forensic examination

Question 14

Summary of case law Ghani V Jones?

Answer 14

• Police inquiring into woman’s disappearance (suspected murder)
• Searched the house of her father-in-law without warrant
• He complied and handed them documents including his families’ passports
• Later asked for return because he wished to go to Pakistan. Police refused
• Lord DENNING Held – police had not shown reasonable grounds for believing documents were material evidence to prove murder, nor were family implicated. Documents returned

Question 15

Ghani V Jones Considerations

Answer 15

• BELIEF on reasonable grounds indictable offence committed
• Belief thing is fruit (stolen), instrument (weapon) or material to prove commission of offence
• The person in possession as committed/implicated/accessory or refused must be quite
  reasonable
• Must not keep the article nor prevent its removal any longer than reasonably necessary to complete investigation
• Lawfulness of conduct must be judged at time

Question 16

I have entered a house using FPO orders. The person subject of the FPO is present. Also present are two other people. Do I have the power to search each person in the house?

Answer 16

No. S. 74A Firearms Act only provides power to search the subject person. Purpose is for ensuring the subject is complying.

Same applies for vehicles.

Question 17

Can I detain FPO subject while I conduct premises search?

Answer 17

No. Once searched, no power to detain

Question 18

Can I conduct a search when person subject of FPO not present?

Answer 18

Yes. FPO legislation does not require person to be at premises/vehicle. Must ensure search is reasonably necessary

Question 19

What are the two most appropriate offences for shootings?

Answer 19

S. 93G – Causing danger with firearm or spreargun
1) Any person who;
a) Possess a loaded firearm or speargun
i) In a public place
ii) In any other place so as to endanger life of any other person or,
b) Fires a firearm/speargun in or near public place or
c) Carries or fires a firearm/speargun in a manner likely to injure, or endanger the safety of himself or any other person

S. 93GA – Firing at dwelling/houses or buildings
1) Any person who fires a firearm at a dwelling house or other building with reckless disregard for the safety of any person
2) It is not necessary to prove that a person was actually placed in danger by firing the firearm

Question 20

What are some offences for Possess Firearm?

Answer 20

S. 7A – Must not possess or use firearm without license
S. 7(1)– Must not possess prohibited firearm or pistol without license
S. 36(1) – Must not supply, acquire, possess or use unregistered firearm
S. 39 – Fail to take reasonable precautions to ensure safekeeping

Question 21

What section under the Firearms Act is Possess ammunition?

Answer 21

S. 65 Firearms Act

(1) A person must not supply or give possession of ammunition to another person

(2) A person must not acquire ammunition

(3) A person must not possess ammunition