Firearms

Question 1

What 3 points will police focus on to ensure compliance.

Answer 1

• The levels of risk.
• The actual or potential consequences.
• Behaviour, attitude and capability of firearms licence holders.

Question 2

What two points will police focus on in relation to risk.

Answer 2

• The magnitude and consequences should an event occur.
• The likelihood of that event occurring

Question 3

Intervention Principles

Answer 3

• Logical, Timely and considered
• Evidence Based
• Made impartially without fear, favour, bias, prejudice or Improper motive.
• Well documented to withstand judicial review
• Proportionate to the risk posed by non compliance behaviour.
• Consistent with law, public interest and police values.

Allows police to:

• Issue warning letters.
• Issue improvement notices.
• Prescribe conditions on a dealers or firearms licence.
• Issue notice of Temp suspension
• Revoke dealers/firearms licence
• Provide educational material

Question 4

What are the 4 factors for consideration ?

Answer 4

• Extent of Harm or Risk of Harm ( Danger of self harm or harm to others)
• Conduct ( Behaviours, Intent, Capability)
• Public interest
• Attitude to compliance

Question 5

Fit and proper person assessment (firearm or air gun) 1 or more of the following exists. Section 24 1 A

Answer 5

• Charged or convicted of an offence in New Zealand or overseas that punishable by a term of imprisonment.
• Charged with or convicted of any offence under this act.
• Charged with or convicted of an offence against Section 231A of the crimes Act, Game animal council Act 2013, Wildlife Act 1953 or Wild Animal control Act 1977.
• Has or had at any time a temporary protection order mad against them
• Has or is inflicting violence causing a temporary order to be applied for in respect of that violence.
• Has or has had a any time a restraining order made against them.
• Has engaged in non compliance.
• Shows symptoms of mental illness or physical injury which stops them from being able to possess a firearm.
• Abuses Alcohol
• Uses drugs (legal or non legal) that detrimentally effects their judgement or behaviour.
• Is a member of or has close affiliation with a gang.
• Has shown a pattern of behaviour demonstrating Violence, hatred etc
• Has been assessed as at risk by the State’s natural security.
• Satisfies anything under section 74 1 bb

Question 6

Fit and proper person assessment (firearm or air gun) 1 or more of the following exists. Section 24 1 B

Answer 6

Consider:

• Does the applicant have a sound knowledge of the safe possession and use of firearms.
• Understands the legal obligations and enforcements on a firearms licence.
• Any more requirements under 74 1 bc
• Anything else the police considers appropriate.

Question 7

Threshold for Revocation 24 A 1 or 2

Answer 7

• The severity and recency of the circumstances. Specific behaviours offending both individually and then collectively when considered overall
• All other matters deemed to be relevant.

Question 8

Stage 2 fit and proper assessment

Answer 8

• Seriousness of failure (maximum penalty, specific conduct, risk of harm)
• Circumstances surrounding the offending ( Recency, Assessment of all information available, other aggravating circumstances around offending.
• Totality of behaviour ( Multiple incidents/breaches, History of compliance or non compliance, escalating behaviour, risk of harm.)

Question 9

Section 18 associated with Arms.

Answer 9

• Found in breach of the Arms Act 1983
• Physical or mental condition is incapable of having proper control of the arms or may kill or cause bodily injury to any person.
• A protection order or Police safety order is in place.
• There are grounds to make an application against him or her for a protection order.