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Exam 2025 > Firearms > Flashcards

Firearms Flashcards

1
Q

Police will determine the appropriate firearms licence intervention based on

A

Consideration or risk
Attitude
Behaviour
Capability

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2
Q

Factors for consideration - extent of harm or risk of harm factors

A

Minimal or no risk of harm
Harm is or would likely be mitigated
Significant or widespread potential for harm
Harm actually or potentially caused me members of the community

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3
Q

Factors for consideration - conduct factors

A

Is it first time or one off behaviour
Is conduct accidental or from momentary carelessness
Mitigating factors exist
Deliberate behaviour
Aggravating factors exist

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4
Q

Factors for consideration - public interest factors

A

Conduct occurred sometime ago and has ceased
Decision not to act would undermine public confidence in police
Enforcement action required to deter others

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5
Q

Factors for consideration - attitude to compliance

A

Willingness to comply
Willing to comply but not able
Unwilling to comply
Actively and intentionally non compliant

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6
Q

Factors for consideration - attitude to compliance

A

Willingness to comply
Willing to comply but not able
Unwilling to comply
Actively and intentionally non compliant

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7
Q

Revocation if holder become disqualified

A

If you had a FA licence before 24 December 2020 and have a conviction on for a relevant offence in S 22H before that date you are not disqualified.

If the offence conviction occurred after 24 December 2024 you are disqualified

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8
Q

Trespass Act impacts firearms licence

A

Anyone who trespasses and is in possession of a weapon (gun,rifle,air gun, airfield or device which a shot, bullet, arrow, tranquillising dart or missile can be discharged) can be disqualified from holding a licence for upto 2 years from conviction date.

Trespass act does not prevent revocation under the arms act

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9
Q

Police Safety Orders - firearms

A

Licence is suspended once PSO issued

Must immediately surrender licence and firearms in their possession or under their control

During the PSO period police assess if the person is fit and proper to have a licence.

If not then temporary revocation or suspension it to be served

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10
Q

Protection Orders - firearms

A

Must establish if the respondent or associated respondent have firearms licence

Then steps are taken to consider their fit and proper person status

If not then a notice of consideration to revoke or suspend licence is considered

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11
Q

Protection order - weapons condition

A

Standard PO condition to not have firearms in you possession, hold a FA licence and to surrender any weapons and licence in their possession/control

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12
Q

Fit and proper person - what is the basis for belief?

A

They are :

Failing
Has failed
Is likely to fail
To comply with the Arms Act regulations

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13
Q

Section 24A (1) (a) - (n) - Fit and proper person assessment

14 points - examinable

A
  1. Charged/convicted of an offence in NZ or overseas punishable by imprisonment
  2. Charged/convicted of Arms Act Offence
  3. Charged/convicted of offence against 231A of CA61
    Game Animal Council Act 2013
    Wildlife Act 1953
    Wild Animal Control Act 1977
  4. Had a TPO made against them
  5. Inflicted or inflicting family violence and there are ground to obtain a PO
  6. Has or had a restraining order under the Harassment Act
  7. Engaged in non- compliance with the Arms Act
  8. Symptoms of mental or physical health that affect their ability to safely possess FA
  9. Abuses alcohol or dependant on it to the extent their judgement/behaviour is affected
  10. Drug using that affects their judgement
  11. Shows behaviour demonstrating violence, hatred or extremism
  12. Member of or close affiliation to a gang or organised crime
  13. Has been assessed as a risk to Nat Sec
  14. Satisfies any criteria is s74(1)(bb)
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14
Q

Section 24A (2) - Fit and proper person to possess firearms

You need to take into account further factors

A

If applicant has

Sound knowledge of safe possession/use of FA

Understands legal obligations of a FA licence holder

Any other relevant matter

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15
Q

What is involved is stage 2 of the fit and proper person assessment?

A

Seriousness of the failure
Circumstance surrounding the offending

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16
Q

s18 S & S warrantless search

Examinable

A

S18

reasonable grounds to suspect

  • in breach of the arms act
  • physical or mental condition are incapable of having proper control of the arms or may kill or cause injury to someone

Or

  • PO or PSO is in force or there are ground to make an application for a PO

May search

  • the person
  • anything in their possession or under their control
  • enter a place or vehicle to search
  • seize/detain any arms found
  • seize/detain any licence found

Sub section 3 relates to cat 3/4 offences and entering, searching and seizing EM or an offence against the arms act

Exam 2025 (24 decks)

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