Firearms / Taser

Question 1

Section 66 - Possession of Firearms

Answer 1

Every person in occupation of any land or driver of any vehicle in which any firearm weapon etc is found is deemed to be in possession of that weapon unless he proves that it was not his property and that it was in the possession of some other person.

Question 2

What is the threshold of proof and what needs to be proved to rebut possession

Answer 2

The balance of probabilities and that the firearm etc was not their property and that it was in the possession of some other person

Question 3

In what circumstances or duties can firearms be carried by Police?

Answer 3

• PCA is fear of GBH/Death
• Airport duties
• STG, AOS, DPS
• Training
• Escorts or guards for people carrying valuables
• Destroy animals

Question 4

When dealing with an armed offender or an offender believed to be armed, you should proceed how?

Answer 4

Treat all offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary

Conduct an ongoing TENR
It is better to treat the matter too seriously than too lightly

Question 5

For Police - In what situations can firearms be used?

Answer 5

Training
Animal destruction
Tactical option

Question 6

An offender must not be shot unless what?

Answer 6

• Officers FEAR death/GBH
• OFFENDER has been asked to surrender (unless it is impractical to do so)
• There are no LESS violent means
• Further DELAY would be dangerous or impractical

Question 7

What are the lawful purposes and sections for Police using firearms?

Answer 7

• S48 self defence or defence of another
• S39 arrest
• S40 prevent escape
• Destroying animals

Question 8

General rules around firing warning shots state…

Answer 8

Warning shots should not be fired.

However, there are circumstances where a warning shot may be fired e.g. the suspect has been asked to surrender and has not done so and it can be safely aimed as a warning shot

Question 9

Shooting at moving vehicles

Answer 9

Shots may only be fired at moving vehicles in exceptional circumstances.

Question 10

Actions to be undertaken when firearm discharge involves injury or death

Answer 10

CONTROL taken of the scene
RENDER first aid
ADVISE the District Commander who will initiate alcohol and drug testing of the employees involved.
MANAGE the scene

Question 11

What actions should be taken in all other instances of firearms discharge (except training and animal destruction).

Answer 11

SECURE the firearm and remaining rounds
MARK employee’s position, empty cartridge cases and bullet fragments
ADVISE employee’s immediate supervisor who will notify the district commander
PRESERVE cartridge cases and bullet fragments where possible
PHOTOGRAPH and preserve the scene
INVESTIGATION and reviews
DEBRIEF

Question 12

Who completes the Tactical Options Report in regards to a fatal or non-fatal Police shooting

Answer 12

The report must be submitted by a SUPERVISOR when a discharge results in injury or death

Question 13

Employee are to complete own Tactical Options Report (TOR) on 4 occasions, What are they?

Answer 13

1) Presentation (exception of AOS and STG)
2) Discharge (other than training)
3) Animal Destruction
4) Unintentional Discharge (no injury involved)

Question 14

Notifying supervisor when a TASER is shown or used. Who and when?

Answer 14

The employee must notify a supervisor as soon as practicable.

In the case of rural employees, they must notify the nearest on duty supervisor

Question 15

What are the supervisors actions after an employee’s operational use of a TASER

Answer 15

1) PHYSICAL ATTENDANCE
2) MEDICAL ATTENTION
3) PRESERVE SCENE
4) EVIDENCE COLLECTION
5) MEDICAL PRACTIONER
6) UPLOAD FOOTAGE AND TOR
7) REVIEW

Question 16

In terms of Police responsibility in relation to the Arms Act 1983, What are police responsible for ensuring in compliance with the Act for FA licence holders?

Answer 16

– LEVELS of risk
– ACTUAL or potential consequences
– BEHAVIOUR, attitude and capability of firearms license holders

Question 17

A police risk approach focus on two aspects. What are they?

Answer 17

• The level of consequences should the event occur, and
• Likelihood of the event occurring

Question 17

Range of interventions available that enable Police to deal with compliance issues with regard to firearms

Answer 17

INFORMATION and educational material
WARNING letters issued
IMPROVEMENT notices issued
CONDITIONS on dealers or firearms license
NOTICE of temporary suspension of firearms license issued
REVOKE a firearms or dealers license

Question 18

When is a firearms license holder disqualified by the court for an offence under the Trespass Act 1980?

What is the penalty or consequence in relation to holding a firearms license?

Answer 18

When that person who commits an offence against that act and at the time was carrying or had with them a weapon

Disqualification of firearms licence for 2 years from conviction date.

Question 19

Under section 23 (1)(c) and 22H (b) of the Arms Act 1983 How many years is a person ineligible for applying for a firearms license once a final PO is made?

Who issues the respondent a written notice if a firearms license is revoked under a final protection order is in place?

Answer 19

Answer:
10 years from when the final protection order was made.

Answer:
An inspector or higher rank issues the respondent a written notice and ensure the holders firearm license and any firearm in their possession or control is surrendered.

Question 20

Under s18 (3) of the Search and Surveillance Act 2012 what are a constables power of entry?

Answer 20

Enter a place or vehicle without warrant
Search it and seize any arms or any firearm license if-

RGTS that a Cat 3 or Cat 4 offence has been, is being or will be committed; and

Evidential material in relation to Cat 3, Cat 4 offence or any offence against the Arms Act 1983

Question 20

What powers does an officer have under s18 of the Search and Surveillance Act 2012?

Answer 20

A constable who has reasonable grounds to suspect that in relation to a person may without a warrant do 1 or more of the following:

a) Search the person
b) Search anything in the person’s possession or under their control
c) Enter a place or vehicle to carry out activity under (a) or (b)
d) seize and detain any arms found
e) seize and detain any license under the Arms Act 1983 that is found

Question 21

What are two situations where an unintentional discharge may happen?

Answer 21

Operator error - eg failure to follow procedure of unload state pre-op checks

Mechanical fault - issue with weapon that causes a discharge

Question 22

What are the six principles that should be applied when offenders are armed?

Answer 22

USE TENR
Conduct ongoing TENR assessment during the incident

SERIOUS RATHER THAN NOT
Take the matter too seriously then too lightly

DE-ESCALATE
When the offender’s actions permit focus on de-escalation

DONT GO INTO DANGER
Never go unnecessarily into danger unless more casualties are likely

TREAT AS HOSTILE
Treat all offenders or if it is believed to be armed is dangerous and hostile unless there is evidence to the contrary

DONT ENDANGER OTHERS
Where practical police should not use a firearm unless it can be done without endangering other persons

Question 23

Is a Tactical Options Report (TOR) submitted by the person who used the force whenever a firearm has been discharged resulting in death or injury?

Answer 23

No, it must be submitted by a supervisor and not the person who used the force.

Question 24

What is the procedure to making a seized firearm safe and how should it be stored

Answer 24

• Assume the firearm is loaded
• Uplift the firearm with finger off the trigger pointed in safe direction
• Empty the magazine and action. Make the firearm safe
• Label firearm, ammunition and other exhibits
• Secure firearm and exhibits in an appropriate exhibit store