Chapter 2 - Firearms

Question 1

What are the two aspects Police consider in relation to risk?

Answer 1

Two aspects:

• Magnitude of the consequences that may eventuate should an event occur, and
• Likelihood of that event occurring

Question 2

In relation to risk, attitude, behaviour and capability, what do Police aim to do?

(MAEU)

Answer 2

• Make compliance as easy as possible for those who can and those who want to comply
• Assist those who are trying to comply but are not succeeding
• Encourage compliance through interventions for those who are reluctant to comply
• Use the full force of the regulatory process for those who do not want to comply or are wilfully negligent.

Question 3

What are the Police outcomes in focus in relation to compliance?

Answer 3

Aimed at having the max impact on outcomes, personal, public safety, security of, and the responsible use of firearms.

Priority is achieving these outcomes.

Question 4

What are the factors for considerations in relation to Firearms?

Answer 4

• Extent of harm or risk or risk of harm
• Conduct
• Public interest
• Attitude to compliance

Question 5

What is the meaning of compliance??

Answer 5

Compliance means meeting or exceeding the requirements of the regulatory framework. It is designed to ensure personal and public health and safety, security of and the responsible use of firearms.

Police seek the highest possible level of voluntary compliance.

Question 6

Under section 22H of the Arms Act 1983, a person is disqualified from holding a firearms licence if they have, within 10 years been convicted of what offences?

Answer 6

• Certain Arms Act offences
• Serious violent offences
• Certain Crimes Act offences
• Drug offences
• Protection order made against them pursuant to the Family Violence Act

Question 7

What may happen to a firearms licence holder if they commit an offence against the Trespass Act 1980?

Answer 7

Any person who commits an offence against this Act and at the time was carrying or had with them a weapon, may be disqualified by the court to hold a firearms licence or any another licence or permit under the Arms Act for a period of 2 years from the date of conviction.

Question 8

What happens when a firearms licence holder is issued a PSO?

Answer 8

The firearms licence is suspended while the PSO is in force, must immediately surrender licence and weapons.

Question 9

What happens to a firearms licence holder if a Protection Order is issued?

Answer 9

Every respondent must not:

• possess or have under their control any weapon (including a firearm), and
• not hold a firearms licence, and
• surrender to a constable on demand any weapon and firearms licence in their possession or control

Question 10

Explain Section 40 Arms Act 1983?

Answer 10

(1) In possession of firearm, airgun, pistol, restricted weapon to give name, address, DOB, to member of Police
(2) If refuse - caution then arrest
(3) Penalty - 3 months imprisonment or $1000 fine

Question 11

Explain Section 66 Arms Act 1983?

Answer 11

Occupier of any land or building/driver of any vehicle on which firearm, airgun, pistol, restricted weapon or explosive found shall be:

• deemed in possession of that item
• not exclude liability of any body else

Must prove it was in possession of another person and was not his property.

Question 12

Law notes - Explain the case law - HEPI v R?

Answer 12

• convicted of unlawful possession of firearm and explosive
• appealed based on misdirection s66, occupancy
• together “on and off” in a relationship for 28 years with children
• sw executed on a property Ms HEPI had owned for approx. 20 years
• drugs and firearms located, no one was home at time of sw execution, evidence of inhabited household

HELD: misdirected the jury on the meaning of possession which resulted in potentially unsafe verdict, with regard to firearms and explosive, convictions quashed.

Question 13

Explain Section 18 - Search and Surveillance Act 2012?

Answer 13

(1) RGTS subsection (2) exists, may
- search person, person’s possessions or under their control (including vehicle), enter place or vehicle to carry out search, seize and detain arms found, licence under Arms Act 1983 found
(2) person is carrying arms, in possession or under their control and -
- in breach of Arms Act 1983, or
- mental or physical condition (however caused) is incapable of having proper control of arms, or may kill/GBH to any person
- under FVA2018 protection order or PSO in force against person, or grounds to make an application against person for PO
(3) w/o warrant enter place/vehicle, search it, seize any arms or licence under Arms Act if RGTS arms in place/vehicle
- Cat 3 or 4 offence or offence against Arms Act has been, is being or is about to be committed, or
- evidential material for cat 3 or 4 offence or Arms Act offence.

Question 14

When can firearms be carried by Police?

Answer 14

• PCA of situation is in or is likely to escalate to death/GBH on tactical options framework
• On duty member of AOS or STG, protection services as authorised by the supervisor of that squad
• Performing airport duties at any airport that is ‘security designated’ under Civil Aviation Act 1990, role of escorts/guards auth by DC
• To destroy animals in circumstances set out in animal chapter
• For training purposes

Question 15

What are some responsibilities when firearms are carried?

Answer 15

• Advise COMMS/Supervisor asap
• Deploy taser where one is available
• With HAP/BAS

Question 16

Explain fire orders?

Answer 16

Fire Orders must be given:

• firearms issued before the start of authorised routine carriage and pre-planned ops
• in all operational situations where firearms are carried, if time and circumstances permit
• every time employees receive formal firearms training

Question 17

What are the considerations before shooting an offender?

Answer 17

• Communication
• Less violent alternatives
• Delay

Question 18

When should a TOR be submitted?

Answer 18

• Presentation (except AOS/STG while deployed)
• Discharge other than training
• Unintentional discharge and no injury
• Destruction of animals

Question 19

Explain the lawful purpose for s48 Crimes Act 1961?

Police may use a firearm…

Answer 19

To defend themselves or others if:

• fear death / gbh to themselves or others
• cannot reasonably protect themselves or others in a less violent manner.

Question 20

Explain the lawful purpose for s39 Crimes Act 1961?

Police may use a firearm…

Answer 20

To arrest an offender if they:

• RGTB offender poses a threat of death/gbh in resisting their arrest, and
• The arrest cannot be reasonably effected in a less violent manner, and
• The arrest cannot be delayed without danger to other people

Question 21

Explain the lawful purpose of s40 Crimes Act 1961?

Police may use a firearm…

Answer 21

To prevent an offender escaping if:

• RGTB offender poses a threat of death / gbh to any person, and
• Offender tries to flee to avoid arrest or escape after arrest, and
• The flight or escape cannot reasonably be prevented in a less violent manner

Question 22

What are the rules in relation to warning shots?

Answer 22

Warning shots should not be fired

Certain circumstances where warning shots may be appropriate:

• the suspect has been asked to surrender and has not done so, and
• it can clearly be aimed as a warning shot

Take extreme caution to safeguard the safety of others

Question 23

What do you do in relation to taser discharge as an NCO?

Answer 23

• consult with operator involved
• ensure that scene is preserved/photographed if necessary, evidence collected (cartridge’s, wires, probes etc)
• ensure offender is seen my registered medical doctor and exam recorded on POL 42 - taser exposure medical exam form
• taser user to complete details on taser register
• TOR completed
• uploads incident onto Evidence.com, shares with supervisor
• review taser footage and TOR