LE19- Firearms Investigations Flashcards
What are the text pages required for a Firearms investigation on MRE?
IO, SN, FC (Firearms investigation check list), SZ and study flag of
GN-Gun Non Suspicious
GS- Gun Suspicious
GC- Guns Crime
What is the role of police during a Firearms investigation ?
- If necessary request additional units
- Maintain officer safety at all times
- Determine if suspects are still on scene
- Determine if there are any hostages
- Determined if anyone is injured
- If necessary, set up a perimeter
- In accordance with applicable search authorities, once the suspect is under control or no longer on scene, search the area/premises for firearms and/or ammunition related to the occurrence
* If it is safe to do so, and the scene is secure, consider leaving the gun in place for the purpose of documentation and evidence collection by a Forensic Identification Officer
* if environmental conditions exist that would destroy evidence, consider taking steps to protect the gun while in place or seize the gun immediately
* When the gun is seized, ensure it is rendered safe to handle and be mindful that it may require Forensic Examination
(Make, model, serial number, caliber, type (handgun, rifle, shotgun), action (single-action, full auto, pump action) Magazine capacity, barrel length, colour and modifications or additions. - Complete a FATE form available in the Government forms section of YRPNet
- Email the form to firearmtracing@ontario.ca
- Once FATE has been completed attach it into the Go
- Package the gun accordingly and include any associated property (such as magazines and ammunition) in such a way to preserve potential evidence and ensure continuity. Do not insert any items in or through the barrel of a firearm.
- Ensure that all guns are queried on CPIC (CPIC, NCIC, CFRO)
- Crown folder, Bail package, prohibition order and Report to justice
How long can a gun stay in the district property room before it should be moved to HQ?
7 days - This is done so that it can be examined and/or analyzed in a timely manner
What to do when you seized projectiles and cartridge casings with no associated firearms
- When fired cartridge casings and/or projectiles are seized from a shooting scene, where there are no associated firearms, officers shall sent the cartridge casings and/or projectiles to the CFS for submission to the RAISE program.
- Officers shall ensure all cartridge casings and/or projectiles are packaged individually and submitted to the CFS in a timely manner.
What are the four types of prohibition orders?
- Mandatory - Where a court must make a weapons Prohibition Order upon conviction for certain offences (S.109 C.C)
- Discretionary - Where a court may make a weapons Prohibition Order upon conviction for certain offences (S. 110 C.C)
- Preventative - Where a court makes a Prohibition order if it poses a risk to public safety for a person to possess weapons (S.111 C.C)
- Public Safety - Where a court makes a Prohibition Order post disposition hearing where a justice determines it is not in the interests of public safety that the person possess firearms (S.117.05 C.C)
What do you do when you seize a firearms but no charges are laid? (EDP apprehension or expired PAL)
- SZ the individuals PAL, Firearms and registration under the authority of section 117.04 of the Criminal Code of Canada
- Complete a GO using offence code 9999-132(Firearms hearing) including a complete synopsis outlining rational for seizure and subject not possessing a PAL
- Complete a YRP government form: Firearms - Application for disposition - Section 117.05 CC (the disposition hearing form musty be completed and submitted within 30 days of the seizure, otherwise firearms, licence and registration must be returned)-
- Complete a return to justice
- Select a court date 4-5 weeks out from date of seizure, 09:00 hours, any weekday (other than court closures and holidays) JCMC court
- Make reasonable efforts to schedule a date on a working day shift for the officer
- Attend that date
- Take application for disposition and Return to justice before a justice of the peace (two copies, one for the file)
- Serve the endorsed application for disposition upon subject of hearing
- upon Service, complete the affidavit of service on the reverse of the form
- Submit the completed application for disposition to court clerk (Courter 6, 50 Eagle street courts) to have hearing added to docket.
- Contact information management via v-mail to request completion of a “disposition hearing only” folder
- Ensure the following documents are scanned and attached to the General Occurrence
-Officer’s notes in relation to the investigation/hearing
-any information deemed relevant to the disposition hearing including previous police reports, and subject background information
-a copy of application for disposition form and return to justice
CIB - Uniform tells you they have arrested a suspect with a firearm on a traffic stop.
- Ensure EMS is not need, roll a Ps to traffic stop, and move additional units to assist
- Change of jeopardy of accused -ReRTC and caution him for “unauthorized possession of a firearm” S.91(1) c.c.
- FIA to flick the firearm and the process and exam the vehicle
- Transport the subject to station for show cause
- York auto for seizure tow - Police seal the vehicle from the scene
- 4CIB will speak with uniform and have a task list created (MRE, Paper, Sz of firearm and misc task)
- Reminder for study flag (GC, GS, GC)
- Querie the Firearm through CPIC, NCIC, CFRO completed
- FATE form and emailed to firearmtracing@ontario.ca
- Consider a prohibition order
- Complete the RTJ
- Interview the subjects - Sworn video statement
- Complete the YRP015 Forensic Request form and ensure firearm is transported to HQ within 7 days for analysis
- Consult with Provincial Weapons Enforcement Unit (PWEU) to find the origin of the firearm
- Consider a police circular LE307
- For exhibits that require CFS including IBIS collections from the Firearms Analyst, complete the CFS submission forms and ensure the exhibits are forwarded to CFS for examination
- If you need CFS to testify, notify them 8 weeks in advance
- If the trial will be resolved without the testimony of CFS Firearms report, notify the firearms section as soon as possible.
What are the task when CIB is assigned to investigate a Crime Gun or Suspicious gun?
a) upon receiving a report of a seized firearm, review the report and ensure all required text pages and study flags have been completed. (GO, SN ,FC, SZ, GS or GC); and
(b) ensure that all seized Crime Guns and Suspicious Guns are examined and/or analyzed by a Firearms Analyst;
(i) when a Crime Gun or a Suspicious Gun has been submitted and logged within the District Property Room, the Criminal Investigator shall ensure the gun is delivered to the Headquarters Property Room within three days of being seized; and
(ii) a completed YRP015 must accompany the Gun. If the serial number on a Crime Gun or Suspicious Gun has been removed, the Criminal Investigator will request that the serial number be recovered by the Firearms Analyst through their specialized training.
(c) determine if further investigative steps are required to further the investigation. This may include:
(i) interviews of the accused and any witnesses;
(ii) determine if the accused(s) owns or possess any other guns through a CFRO query and refer to section N and O for further guidance if they have other guns;
(iii) judicial authorizations for accused residences, vehicles and cellular devices;
(iv) forensic examination of other items such as the receptacle where the gun was seized;
(v) video canvassing and analysis;
(vi) submission of cartridges, casings and/or firearms to CFS (refer to Appendices H, I & J for further information); and
(vii) requesting appropriate documents for the court process;
(d) ensure a Report to Justice pursuant to Section 489.1(1) of the Criminal Code was completed for all seized property;
(e) if charges were laid, ensure the appropriate charges were laid and submit a replacement information if required;
(f) if charges were laid, complete a YRP306 Firearms Investigation Checklist and include in Crown Folder;
(g) complete a Trace Request form (FATE) available in the Government Forms section of the YRPNet for each gun seized;
(h) by the end of shift, email the form to FirearmsTracing@ontarioCIS.ca by clicking the ‘Email Form’ button located on the bottom right corner of the Trace Request form (FATE). Officers can contact PWEU@yrp.ca for any assistance in completing the form;
(i) in the ‘Remarks’ field, include the circumstances under which the firearm(s) was seized such as search warrant, traffic stop, arrest etc.;
(ii) under the ‘Crime Category’ field, pick the most appropriate one, and if not certain, use “Investigation 0099”;
(iii) if the gun is stolen, provide the originating agency and occurrence number;
(i) upon receipt of a FATE report, attach a copy of the results to the GO;
(i) refer to Appendix F which describes the process of email notifications for Crime Guns;
(j) request an Affidavit for Licences and Firearms as found in government forms PATH;
(k) consult with the YRP PWEU Officer to:
(i) coordinate an investigation to determine how the individual came into possession of the gun; and
(l) if applicable, prepare a zone alert on CPIC;
(m) consider preparing a police circular in accordance with Procedure LE-307 Police Circulars;
(n) upon receiving the Certificate of Analyst, ensure the correct charges were laid based on the Firearms Analyst’s findings and then complete, serve and swear to YRP139 Notice of Intention Expert Testimony form to the accused;
(o) if applicable, ensure all copies of investigative reports and related documentation are forwarded to a YRP PWEU Officer;
(p) for exhibits requiring examination by the CFS, including IBIS or Rapid IBIS collections from the Firearms Analyst, complete the CFS submission forms and ensure the exhibits are forwarded to CFS for examination (refer to Appendices H & I for further information);
(q) in cases where an expert from the CFS is required to testify, contact the Firearms section of the CFS at least eight weeks prior to the trial date;
(r) in cases where the case has been resolved or can be resolved without the testimony of the CFS Firearms Report, notify the Firearms Section at the CFS as soon as possible;
(s) notify the Firearms Unit prior to releasing any firearms, ammunition and/or licences, to ensure that the owner of the firearm(s) licence is not currently under review; and
(t) retain seized firearms held as exhibits until the conclusion of the trial and exhibit period.
- The Criminal Investigator at the conclusion of all court proceedings involving a Crime Gun or Suspicious Gun, shall:
(a) request that the Crown seek forfeiture of the firearm(s) where this is the desired outcome;
(b) verify the outcome of the court proceedings i.e. prohibition or forfeiture order made;
(c) notify the Firearms Licensing Unit prior to releasing any firearms, ammunition and/or licences, to ensure that the owner of the firearm(s) licence is not subject to an ongoing administrative public safety investigation; and
(d) complete the Seized Firearm Disposition template located in the Seized Property Text Page (SZ).
Return to Justice
- Officers shall submit a Report to Justice pursuant to Section 489.1(1) of the Criminal Code, for all offence based/evidentiary seizures (including firearms, drugs or anything seized), including those made pursuant to common law authority.
(a) This includes seizures resulting from a search incident to arrest, investigative detention or search warrant execution where the article(s) seized are held or retained as potential evidence.
(b) Articles retained for safety or security reasons which are returned to the accused upon release do not have to be reported.
- Officers shall submit a Return to Justice pursuant to Section 117.04 (3) forthwith for all guns seized under:
(a) Section 117.04 of the Criminal Code – Preventative/Public Safety; and
(b) Section 117.03 of the Criminal Code - Seizure on Failure to Produce Documentation.
- Refer to Appendix A for further details regarding when to submit a Return to Justice.
