Firearms And Taser Flashcards
As the regulatory authority police are responsible for ensuring compliance with arms Act 1983 - to achieve this how do police focus and tailor their interventions
In line with
Levels of risk
Actual and potential consequences
And
The behaviour attitude and Capability of firearms licence holders
What are the two aspects of risk in relation to police approach to risk - firearms?
Magnitude of the consequences that may eventuate should an event occur
And
Likelihood of that event occurring
When it comes risk, attitude behaviour and capability what do police know prevents people from operating in a safe secure or responsible manner?
Lack of awareness, understanding or capability
What do police aim to do when it comes to risk attitude, behaviour and capability?
Make compliance as easy as possible for those who can and want to apply
Assist those who are trying to comply but not succeeding
Encourage compliance through interventions for those who are reluctant to comply
Use the full force of regulatory process for those who do not want to or are will full negligent
When it comes to compliance with arms act what is it designed to ensure?
Personal and public health and safety, security of and the responsible use of firearms
What does compliance mean in regards to the arms act 1983
Meeting or exceeding compliance requirements of the regulatory framework
With regard to compliance interventions and decision making police will take into account the attitude torwards compliance and be?
- 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 non compliance behaviour
Consistent with the law public interest and police policies and values
What are the range of interventions available to police when dealing with compliance is the arms act 1983?
Provide information upon and educational material
Warning letters
Issue improvement notice requiring corrective action
Prescribe conditions on a dealers or firearms licence
Temporarily suspend while considering revocation of licence
Revoke firearms or dealers licence or endorsement
When weighing up which intervention tool is the most applicable when compliance with the arms act is in issue - what are the factors to consider?
Extent/risk of harm
Conduct
Public interest
Attitude to compliance
What are some reasons that can cause a person to be disqualified from holding a firearms licence within 10 years?
Arms act
Serious violent offence as defined by sentencing act
Some crimes act offences
MODA
Been respondent of protection order
Can a person become disqualified from holding a firearms licence due to the new clause 10 of part 2 of the schedule 1 of the arms act becoming applicable?
No unless not a firearms licence holder
In relation to the trespass act 1980 what can happen to a person with a firearms licence if they trespass and at the time was carrying or had with them a weapon (gun, rifle, air gun, pistol, air rifle from which any bullet, shot, arrow, tranquillising dart or misfile can be discharged from)
Can be disqualified from holding firearms licence or any other licence or permit under the arms act for period not exceeding two years
(And can also order the person not to carry weapon of specified class for that 2 years)
What rank police officer must issue a final PSO respondent written notice that their firearms licence is revoked?
Inspector or above
What does section 40 of the arms act 1983 allow police in uniform (or provide ID) to do?
If possession of firearm (air gun, pistol, restricted weapon)
Demand full name address dob to police
If refuses or gives false details and warning given regarding refusal and arrest - can arrest
What does section 66 of arms act 1983 refer to?
Means any person who is occupier of the land building, vehicle, driver of vehicle is deemed to be in possession of any firearm etc found there. - unless proves it’s not their property and was in possession of another person
Summarise Hepi v R - Misdirection as to the meaning of occupancy
Hepi and Heta lived at N address in Te kuiti.
Police executed a sw at the address and found cannabis and a firearm in a caravan etc.
Judge gave a misdirection as to the meaning of ‘occupancy’.
Because section 66 of the arms act 1983 states a person is DEEMED in possession of a firearm if they are the occupant or owner of an address unless they can prove it belonged or was in the possession of someone else.
Must go through the section 66 provision.
The court misdirected the jury on the meaning of possession. Conviction quashed.
What does Section 18 of the search and surveillance act - warrant less searches of arms allow police to do, if 1 or more of the ‘circumstances’ exist?
Search person without warrant
Search anything in the persons possession or under their control
Enter place or vehicle to do the above
Seize and detain arms found
Seize and detain arms licence found
What circumstances need to exist before you can exercise the powers under Section 18 of the search and surveillance act (- warrant less searches of arms)?
Person is in possession control of arms
In breach of the act
OR
By reason of physical or mental condition
- is in capable of having proper control of the arms
- may kill or cause bodily injury to any person
OR
A PO or PSO is in force
OR
Grounds exist to apply for PO
