What are three police responsibilities for ensuring compliance with Arms Act 1983?
R.A.B.C
R.A.B. Or R.A.C
What are the two aspects of risk Police focus on?
M.E
Police expect firearms licence holders to operate safely, securely and responsibly however Police know what?
Barriers
Police expect firearms licence holders to operate safely, securely and responsibly. What do Police aim to do in relation to COMPLIANCE?
C.A.F.E
-Make compliance as easy as possible for those who can and want to comply
- Assist those who are trying to comply, but not succeeding
- Encourage compliance through interventions for those who are reluctant to comply
- Use force of regulations for those who do not want to comply and are wilfully negligent
What does compliance mean?
What level of compliance do Police seek?
Compliance means:
- Meeting/exceeding the requirements of the regulatory framework designed to ensure personal /public health and safety, security of and the responsible use of firearms.
Police seek the highest possible level of voluntary compliance.
What is the aim of Police compliance? activities are aimed at focusing on what outcomes?
Compliance Interventions will take into account the attitude towards compliance.What must compliance interventions be?
L.E.M.S.P.C
What do the range of interventions available enable Te Tari Pureke to do?
Regarding compliance, What factors are considered when weighing up which intervention tool might be most applicable?
P.A.C.E
P.A.C.E
What FACTORS are included in the assessment of risk?
Levels of harm
What does CONDUCT mean in relation to the firearms licence holder whose actions are being considered?
B.I.C
What FACTORS are included in the assessment of conduct?
The behaviours, intent and capability of the licence holder whose actions are being considered.
Assessment of CONDUCT includes the following factors:
- it is first time or one off behaviour that is less serious or unlikely to be repeated
- The conduct is accidental or resulted from carelessness or limited understanding of the law
- Mitigating factors exist
- The behaviour is deliberate, more serious, repeated, reckless or involving consistent carelessness or disregard for law
- Aggravating factors exist
What does public interest mean?
In the interest of the wider public or of public importance.
Assessment of PUBLIC INTEREST includes what factors? (is it a widespread problem)
Conduct occurred
Decision
Enforcement
What should Police consider when assessing ATTITUDE to compliance?
What FACTORS are considered in the assessment of the attitude to compliance?
When can a person be disqualified from holding a firearms license?
If they have within the previous 10 years been convicted or released from custody after being convicted for:
- arms act 1983 offences
- Serious violent offence as defined in section 4 victims orders against violent offenders act 2014
- An offence under the Crimes Act 1961
- an offence Misuse of Drugs Act 1975
- The person has or had within previous 10 years, a protection order made against them pursuant to section 79 family violence act 2018 or section 14 domestic violence act 1995
What are the factors for assessment of the attitude to compliance?
What happens under section 12 of the trespass act 1980?
Any person who commits an offence against that Act, and at the time was carrying or had with him a weapon may be disqualified by the court from holding a firearm license or any other
license or permit under the act
What happens under s40 of the Family Violence Act 2018 in relation to Police safety orders?
What is important to take place during this time?
A person’s firearms licence is suspended while a Police safety order that’s been issued is in force.
24hrs-10 days after which time they may be returned.
Therefore it is important a fit and proper assessment takes place within the timeframe of the PSO to ensure any risk with respect to firearms is further mitigated.
What happens under section 37 of the Family Violence Act 2018 in relation to a PSO.
The bound person must immediately surrender to a constable their firearms license and any weapons in their possession or under the control
What is the definition of a weapon as defined in the Family Violence Act 2018?
F.A.P.RW.PM.PP.E.A
Any firearm, airgun, pistol prohibited magazine, prohibited part, restricted weapon, ammunition or explosive in the Arms Act 1983.
What’s the difference between a temporary and final protection order?
Temporary:
These orders are time limited if an application is made and granted without prior notice to the respondent or
Final:
- if there is no opposition following a temporary order being issued or an application being made on notice or following a hearing where a judge decides to issue one
What does Section 176 FV Act 2018 require Police to do when they receive a copy of a temporary or final protection order under s174(2) FV Act 2018
Police must immediately establish if the respondent
and any associated respondent named in the order hold a firearms licence.
What are the standard conditions of every protection order s98?