Firearms

Question 1

Section 40 Arms Act 1983

Answer 1

Every person in possession of a firearm/airgun/pistol/restricted weapon MUST give details to officer

Question 2

Section 66 Arms Act 1983

Answer 2

Occupier of premises of driver of vehicle deemed to be in possession of a firearm/airgun/pistol/imitation firearms/restricted weapon are DEEMED to be in possession unless proven to be another’s property and in the other person’s possession

Question 3

Section 40; subsection 3

Answer 3

Liable on conviction to imrpisonment for a term not exceeding 3 months OR a fine not exceeding $1,000 or BOTH

Question 4

Who can be deployed with firearms?

Answer 4

only certified level 1 responders

Question 5

Responsibilities when firearms are carried

Answer 5

Advise supervisor and comms of their decision AND to deploy a TASER where one is available. HAP MUST be worn

Question 6

What to do when offenders are armed

Answer 6

Ongoing TENR, focus on de-escalation, communication and prevention. Cordon and adopt the wait an appeal role. Treat all as hostile and dangerous. SHOULD NOT use unless it is done without endangering others

Question 7

Section 39 Crimes Act 1961

Answer 7

Force used to arrest an offender if they: RGTB they pose a threat of death or GBH in resist of arrest, cannot be done in less violent manner, arrest cannot be delayed without danger to other people.

Question 8

Section 40 Crimes Act 1961

Answer 8

Force used to prevent an offender escaping if: RGTB that threat to life if they are at large, flees to avoid/escpaes and it cannot be prevented in a less violent manner

Question 9

Section 48 Crimes Act 1961

Answer 9

Force used to defend themselves or other if: they fear death or GBH to themselves or others, cannot reasonably protect themselves or others in a less violent manner

Question 10

Policy around warning shots

Answer 10

Should not be fired UNLESS; the suspect has been asked to surrender and has not done so AND it can be clearly aimed as a warning shot

Question 11

Policy around shooting at moving vehicles

Answer 11

ONLY to be fired in exceptional circumstances

Question 12

Do unintentional discharges of firearms need to be reported?

Answer 12

Yes - Preserve scene/firearms, secure firearm and cartridges, advise supervisor, report to supervisor, notify District Police Professional Conduct Manager, debrief to be held, send firearm/bullets/cartridges to armoury (enclose the report).

Question 13

When to submit a TOR relating to firearms

Answer 13

Presentation, discharge, unintentional discharge, destruction of animals