Firearms: Arms Act 1983: Case Law
What are some case law is used to support the criteria for a ‘fit and proper person’ and what does it say? (2)
- cttle, evi applcnt’s gnrl chrctr & tmprmnt rlrvnt cnsdrtn*
- dbbs v Pol - vio agnst spse*
- Flyn v Pol - subjtvly rgrded as an unplsnt prsn*
- Police v Cottle - Evidence of the applicant’s general character and temperment will a relevant consideration.
- Dobbs v Police - the use of violence against a spouse may be a significant factor.
- Flynn v Police - the fact the applicant was subjectively regarded by some people people who knew him as an unpleasant person did not mean he was not a fit & proper person to hold a firearms licence.
Firearms: Arms Act 1983
Sect 24(1) Arms Act 1983 - What are the 2 criteria that a member of police has to be satisfied of before issuing a firearms licence?
age, f & p
The applicant is;
- Is of or over the age of 16 years; and
- Is a fit and proper person to be in possession of a firearm or airgun
Firearms: Arms Act 1983
Sect 24(2) AA 1983 - a firearm licence shall not be issued if in the opinion of Inspector (or above), access to any firearm or airgun in the possession of that person is reasonably likely to be obtained by any person whose? (4)
app refu - nt f & p, cert reg rev - f & p, lic rev - f & p, Opi Insp - f & p
- Application refused - Application has been refused on the grounds that he is not a fit and proper person to be in possession of a firearm or airgun; or
- Cert Reg Revoked - certificate of registration has been revoked on the ground that he is not a fit and proper person to be in possession of a firearm; or
- Licence Revoked - firearms licence has been revoked on the ground that he is not a fit and proper person to be in possession of a firearm or airgun; or
- Inspector - In the opinion of inspector (or above), the person is not a fit and proper person to be in possession of a firearm or airgun.
Firearms: Arms Act 1983
In what circumstances can police still refuse to issue a firearms licence even when the applicant is deemed to be a ‘fit and proper’ person? (1)
acce 3rd prty - nt f & p or lic revk
- If it is reasonably likely that any firearm in the applicant’s possession would be accessible to someone else who was deemed not a fit and proper person or whose firearms licence has been revoked.
Firearms: Arms Act 1983
Sect 27 Arms Act 1983 says a commissioned officer (Inspector or above) can revoke a firearms licence if they are satisfied of what?
lic hlder nt f & p, acces 3rd prty
The licence holder is not a fit and proper person to be in possession of a firearm
Any firearm(s) in the licence holder’s possession would be accessible to someone else;
- who was deemed not a fit and proper person to be possession of a firearm or
- whose firearms licence application has been revoked…..
(Same grounds as s24(2))
Firearms: Arms Act 1983
In terms of grounds for revocation of a firearms licence, what is the main difference between sects 24 and 27? (2)
24 - on appl, 27 on rst C/O
- Under sect 24, the onus is on the applicant to satisfy police that they are a fit and proper person
- Under sect 27, the onus rest with the Commissioned Officer to satisfy him or herself that the person is a fit and proper person.
Firearms: Arms Act 1983
What does sect 27A Arms Act 1983 - Family Violence and firearms licences - allow a Commissioned Officer to do?
pers nt f & p - grnds FV iss PO, alrdy a PO aga appl/lic hldr
A CO may decide that a person is not a fit and proper person to be in possession of a firearm if they are satisfied that;
- there are grounds under the FV Act to issue a Protection Order against the applicant or licence holder or
- that there is already a Protection Order in place against the applicant or licence holder
Firearms: Arms Act 1983
Under sect 28 Arms Act 1983, what is the ‘effect’ of a firearms licence being revoked or surrendered? (4)
surr f/a, wthn 3mth s or dpos, f/a detn or prty of crwn, mof pay comp
- surrender all firearms in their possession to police.
- within 3 months or thereafter as the Commissioner may allow, the person may sell or otherwise dispose of any firearm, pistol, or restricted weapon owned by him to a person approved by a member of the Police.
- all firearms, pistols, or restricted weapons delivered to Police may be detained for as long as the Commissioner thinks fit, or may, in the discretion of Police become property of the Crown.
- The Minister of Finance shall pay out of the Crown Bank Account compensation for the value of all firearms, pistols, or restricted weapons delivered to Police under this section and which have become the property of the Crown.
Firearms: Police powers/ duties
In terms of procedures, list the 7 stages for revoking a firearms licence.
susp rg - nt f & p - sez fa & lic, pres fcts Insp, revk?, opp orl &/or wrttn subs, doc evry act tkn, aft k9 - dec nt f & p - revk, chk f/a secu - revk?
- suspect on reasonable grounds licence holder no longer a fit and proper person. First priority is to seize any firearms and firearms licence
- Present the facts to an Inspector (or above).
- The inspector must then:
- decide whether to revoke the licence, by assessing the information
- if a decision is made to revoke the licence, follow process in section 11 of the Arms Manual 2002.
- The person must have the opportunity to make oral and/or written submissions.
- Document every action taken
- After arresting a person for an offence, check if they have a firearms licence. If the suspect has a licence and is not, in your opinion, a ‘fit and proper person’ to do so, take action to revoke it. Notifying the local Arms Officer is a first step.
- When you are on premises where firearms are stored, check firearms security. Consider seeking to revoke the licence if the conditions are breached.
Firearms: Police powers/duties
What happens if a person appeals the decision to revoke their licence? (3)
crt hr mttr afrsh, crt considrns ppr, crfl doc essen
If a person whose licence has been revoked appeals your decision to a district court,
- the court will hear the matter afresh.
- usually, the Court will make its considerations on papers.
- careful documentation is essential
Firearms: Police powers/duties
Once the decision is made to revoke or refuse a firearms licence, what is the next step in the process? (3)
dec serv lic hlder wrtng, adv consdrn rev/ref, off hr thr resns why lic shld nt rev/ ref.
The decision must be served on the licence holder in writing and must advise the licence holder of;
- the consideration of revocation/ refusal
- the reasons why, and
- offer to hear the person’s reasons as to why their licence should not be revoked or refused.
Firearms: Police powers/duties
As outlined in sects 27 and 33 there is no power to search for firearms licences and seize them. If they are not surrendered? True or false (1)
- True - however in certain circumstances you can search and seize it under sect 18 S/S Act 2012.
Firearms: Police powers/duties
Under 27A Arm Acts 1983 - FV and firearms licences, what happens when a temporary PO is issued and then when it becomes final? (2)
- When a temporary PO is issued, the firearms licence becomes suspended.
- Once the PO is made final, the licence then becomes revoked.
Firearms: Police powers/duties
Sect 18(2) S/S Act states (3) circumstances in which police can search a person if there are reasonable grounds to suspect the person is carrying or is in possession of, or has in their control any firearm. What are those circumstances? (3)
brch AA, reas phy/ment, po/pso iss or grnds appl po
- The person is in breach of the Arms Act 1983
- By reason of their physical or mental condition, they’re - incapable of having proper control of the firearm, or - may kill or cause bodily injury to any person, or
- Under the FV Act - a PO or PSO has been issued against the person or there are grounds to make an application for a PO against the person.
Firearms: Police powers/duties
What are some reasons for when a licence holder is no longer considered ‘fit and proper’? (11)
no rgrd AA, sub abse, comm ser off AA, or any a, minr off AA, comm viol/drgs off, gngs, fh viol/ thrts viol, 1m, 1x attpt, fai cmply cond lic.
- show no regard for the Arms Act
- been involved in substance abuse
- committed a serious offence against the AA or
- committed any serious offence against any other Act
- committed a series of minor offences against AA.
- committed offences involving violence or drugs
- affiliations with gangs committing violent offences or in conflict with another gang.
- been or is involved matrimononial discord involving violence or threats of violence.
- shows signs of 1M behaviour
- attempts 1X or other self injury behaviour
- failed to comply with conditions of their licence.
