Firearms #Revocations and Refusals

Question 1

What are the procedural steps for revocation/ refusal (It is important this is followed in order to avoid an appeal)

Answer 1

1. Once the holder of a Firearms Licence comes to the notice of Police as no longer fit and proper, inquiry as to revocation can begin. Note: where a statutory reason exists for revoking or refusing the licence (e.g.: Section 27A, Arms Act 1983) that should form the basis of revocation/refusal.
2. Police member prepares a file and forwards it to a Commissioned Officer with revocation/refusal recommendation.
3. Decision is made by the Commissioned Officer to consider revoking/refusing the licence. For urgent problems such as threatened suicide the firearms should be seized immediately … and the surrender of the Firearms Licence demanded (Section 27, Arms Act 1983). In any case, on revocation becoming final all firearms may be seized. (Section 28, Arms Act 1983).
4. This decision must be served on the licence holder in writing advising him/her of the consideration of revocation/refusal and the reasons why, and offer to hear the person’s reasons as to why revocation/ refusal should not proceed.
5. At a time convenient to both the Commissioned Officer and the licence holder, a hearing must be held to consider the evidence/ submission of the licence holder. The licence holder may choose to make submissions in writing, or in person.
6. After the hearing and due consideration the written decision of the Commissioned Officer must be served on the licence holder/applicant and a copy placed on the file. The decision must include the reasons why the licence is being revoked/refused, and must address each of the points raised by the licence holder/applicant as to why the licence should not be revoked/refused.
   Core Policing Knowledge – May 2019 Inspectors Syllabus – Chapter 6 of 10: Firearms
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7. It must advise the Firearms Licence holder applicant their right of appeal under Section 62 of the Arms Act 1983.
8. Complete computer action.

Question 2

Right of appeal from official decisions (Revocations)

Answer 2

1. Pursuant to Section 62, Arms Act 1983 a person whose application for a firearms endorsement/licence/permit to procure has been refused or endorsement/licence/permit to procure has been revoked may, by way of originating application, appeal to a District Court Judge.
2. This right of appeal is no answer to the right of the opportunity to be heard at the time of or immediately after the revocation or refusal.
3. The revocation/refusal should be fully discussed with the person, who should be given the opportunity to discuss the circumstances with the Commissioned Officer signing the revocation/refusal notice.

Question 3

Where it is considered that a licence holder is no longer fit and proper in that they have:

Answer 3

• shown no regard for the Arms Act or Arms Regulations; or
• been involved in substance abuse; or
• committed a serious offence against the Arms Act; or
• committed any serious offence against any other Act; or
• committed a series of minor offences against the Arms Act; or
• committed crimes involving violence or drugs; or
• affiliations with a gang involved in committing violent offences or in conflict with another gang; or
• been or is involved in matrimonial discord involving violence or threats of violence; or
• exhibited signs of psychological disturbance; or
• attempted to commit suicide or other self-injurious behaviour
• failed to comply with conditions on their licence/endorsement (especially security conditions).
Or for some other reason is considered not fit and proper, revocation of the licence should be commenced forthwith.

Question 4

What powers are there to seize licence following revocation

Answer 4

No power under Arms Act to search and seize licences.

There may be a power under 18(2) Search and Surveillance Act of entry search and seizure.

Question 5

What effect does s 21 and s22 of the Domestic Violence have on the suspension/seizure of a licence.

Answer 5

Section 21 allows for the suspension of the Firearms Licence where the order is temporary and subsequently, the revocation of the licence once the order is final. Section 22 allows the Court to dispense with, modify, discharge or reinstate standard conditions relating to weapons.

Question 6

What are the level of grounds required under Section 18 S&S - Warrantless searches associated with arms

Answer 6

A constable who has reasonable grounds to suspect

Question 7

What are the circumstances required under Section 18 S&S - Warrantless searches associated with arms

Answer 7

The circumstances are that 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; or
(b) he or she, by reason of his or her physical or mental condition (however caused),—
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Domestic Violence Act 1995,—
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order.

Question 8

If the Constable has reasonable grounds to suspect arms are in the place or vehicle he/she may

Answer 8

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 they are in respect to
(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.