Firearms Flashcards
What is classed as an offensive weapon?
Any article made or altered for causing bodily injury, or intended by the person having it with him or her for such use.
What does an offensive weapon mean in part (4)(b)
Any article capable of being used for causing bodily injury.
What is a disabling substance?
Any anaesthetising or other substance produced for use for disabling persons or intended by any person having it with him or her for such use.
What is the defence under 4(b) for possession of an offensive weapon?
If the person charged proves that he or she did not intend to use the offensive weapon or disabling substance to. I’m it an offence involving bodily injury or the threat or fear of violence.
What is 4(a) offensive weapon
Everyone is liable for a term of imprisonment not exceeding 3 years who without lawful authority or reasonable excuses has with him or her in any public place a knife or offensive weapon or disabling substance.
What is 4(b) offensive weapon?
Who has in his or her possession in any place any offensive weapon or disabling substance in circumstances that prims facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
What is section 66 - Arms Act 1983
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, prohibited magazine 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…. Unless he proves that it was not his property and that it was the possession of some other person.
66B(1) Arms Act 1983
A person in possession of any arms item or ammunition must on demand give their full name, address and date of birth to any member of the Police who is in uniform or who produces evidence that they are a member of the Police.
66B(1)
A person in possession of any arms item or ammunition must on demand give their full name, address and date of birth to any member of the Police who is in uniform or who produces evidence that they are a member of the Police.
Section 66B(2)
If any person refused to give their details or provided false particulars the costavle may caution that person and if that person persists in their refusal or fails or continues to refuse they may arrest that person without warrant.
What is the penalty to 66B
6 months or to a find not exceeding $10,000
What is section 18 (1)search and surveillance Act 2012
A constable who has reasonable grounds to suspect that 1 or more of the circumstances on subsection (2) exist in relation to a person may, without warrant do any or all of the following
-search the person
- search anything in the persons possession it under his or her control including vehicle.
- enter a place or vehicle to carry out any activity under a or b
D- seize and detain any arms found.
E- seize snd detain any licence under the Arms Act 1983 that is found.
What is section 18(2) S&S 2012
If the person is carrying arms or is in possession of them or has them under his or her control and
A. He or she is in breach of the arms act 1983
B. He or she by reason of his or her physical or mental condition however caused
/ is incapable of having proper control of the arms or
- may kill or cause bodily injury yo ang person or
C. That under the family violence act 2018-
A protection order or police safety order in in force against the person or
There are grounds against him or her for a protection order.
When can firearms be used?
Training, animal distruction & As a tactical option.
Section 18(3)
(3) A constable may, without a warrant, enter a place or vehicle, search it,
seize any arms or any licence under the Arms Act 1983 found there,
and detain the arms or licence if he or she has reasonable grounds to
suspect that there are arms in the place or vehicle—
(a) in respect of which a category 3 offence, a category 4 offence, or
an offence against the Arms Act 1983 has been committed, or is
being committed, or is about to be committed; or
(b) that may be evidential material in relation to a category 3
offence, a category 4 offence, or an offence against the Arms Act
1983.
What are the responsibilities when firearms are carried?
Employees who carry firearms because their assessment of a situation is that
it is in, or likely to escalate to be within, the death/grievous bodily harm
range as specified by the Tactical Options Framework must:
* advise their immediate supervisor and the Police Emergency
Communications Centre of their decision to deploy with firearms as soon
as practicable
* deploy with a TASER where one is available.
An offender must not be shot without first considering what?
Communication * they must have first been asked to surrender (unless
it is impractical or unsafe to do so), and
Less violent
alternatives
(Proportionality)
* it must be clear they cannot be disarmed or arrested
without first being shot, and
Delay
(Necessity)
* it must be clear that further delay in apprehending
the offender would be dangerous or impractical
What is section 48 Crimes act 1961
Defending
themselves or
others - ‘
- they fear death or grievous bodily harm to
themselves or others, and
* cannot reasonably protect themselves or others in a
less violent manner.
What is Section 29 Crimes Act 1961?
to arrest an offender if they:
* believe on reasonable grounds that the offender
poses a threat of death or grievous bodily harm in
resisting their arrest, and
* the arrest cannot be reasonably effected in a less
violent manner, and
* the arrest cannot be delayed without danger to other
people.
What is section 40 Crimes Act 1961?
to prevent an offender escaping if:
* police believe on reasonable grounds that the
offender poses a threat of death or grievous bodily
harm to any person (whether an identifiable
individual or members of the public at large), and
* the offender flees to avoid arrest or escapes after
arrest, and
* the flight or escape cannot reasonably be prevented
in a less violent manner
Can you use a firearm to destroy animals?
Yes. To destroy animals in circumstances set out in the
Animals chapter of the Police Manual.
What are the rules around warning shots?
As a general rule, warning shots should not be fired.
However, there may be circumstances where a warning shot may be
appropriate, eg:
* the suspect has been asked to surrender (if practical) and has not done so,
and
* it can be clearly aimed as a warning shot.
Take extreme caution to safeguard the safety of others.
What are the other steps required when a firearm is discharged but nobody is injured?
Discharge involving death or injury with Police firearms. what are the steps?
The incident
controller present or the person appointed to do so must:
1. take control of the scene
2. ensure first aid is rendered
3. manage the scene according to the principles contained in the
Investigation of critical incidents chapter
4. inform the District Commander, who in turn will initiate alcohol and drug
testing of employees involved in the shooting in accordance with the
Police drug and Alcohol policy.
When does a TOR need to be completed?
Presentation, Discharge, Unintentional discharge and destruction of animals.
If a firearm is discharged causing injury or death a TOR must be completed by a supervisor,
Steps for firearms discharge
- Mark the discharging employee’s position, empty cartridge cases, bullet fragments and any other items or people associated with discharge.
- Preserve the cartridge cases 7 where possible the bullet/fragments.
- Secure the firearms and remaining rounds.
- Preserve and photograph the scene.
- Advise the employees immediate supervisor who will advise the District Commander. report use of force.
- Commence review/investigation into the incident
- Conduct a debrief
Steps for unintentional discharge
Steps 1-5
Then notify a District Police Integrity and conduct manager.
Instigate a review
Send the firearms and and bullets/cartridge cases to the Police Armoury for examination.
