Firearms

Question 1

Firearm definition

Answer 1

s57 Firearms Act 1968
Firearm means:
A lethal barrelled weapon
A prohibited weapon
A relevant component part (in relation to one of the above)
An accessory to one of the above designed or adapted to diminish noise or flash caused by firing

Question 2

Lethal barrelled weapon

Answer 2

A barrelled weapon of any description which a shot, bullet or other missile, with kinetic energy of more than 1 joule at the muzzle of the weapon can be discharged - s57(1B)
So basically something where you fire it and something comes out the barrel with that amount of energy.
Must be a firearm where you only need to pull the trigger and don’t need any other mechanism to make it go off.
Can include an air pistol, signalling pistol, imitation revolver.

Question 3

Prohibited weapon

Answer 3

A prohibited weapon is a firearm whether it is lethal barrelled or not.
s5 FA 1968
Pure objective test - if in possession (not lawful) of a prohibited weapon then it doesn’t matter why they are in possession of it
s5 - prohibited weapon includes:
-Automatic weapons,
-Self-loading or pump-action weapons
-Air rifle,
-Grenade, bomb or other missile designed to be used with any firearm,
-Barrel less than 30cm or overall length of weapon less than 60cm (because it is too easy to conceal),
-Any weapon designed or adapted for discharge of any noxious substance, liquid or gas e.g. PAVA.
Must have been designed or adapted for discharge of noxious substance, so filling washing up bottle with noxious liquid would not make it a prohibited weapon as it was not adapted for that, same with a water pistol filled with ammonia.

Question 4

Relevant component part

Answer 4

Barrel, chamber or cylinder,
Frame, body or receiver,
A breech, block or other mechanism for containing discharge at the rear of the chamber
Does NOT include:
Magazines
Sights
Furniture

Question 5

Accessory

Answer 5

Silencer or flash eliminator if manufactured for a weapon that is also in Ds possession
Or if you can show it could be used with Ds weapon and they had it for that purpose

Question 6

What about airsoft guns?

Answer 6

Generally not to be regarded as a firearm for the purposes of this act
An airsoft gun is designed to discharge a small plastic missile and not capable of discharging a missile with kinetic energy that exceeds the permitted level.
But if it does exceed the permitted level it will be a firearm.

Question 7

Deactivated weapons

Answer 7

A weapon ceases to be a firearm if it is deactivated in line with provisions in s8 Firearms (Amendment) Act 1988.
Deactivated weapon must remain in its complete state.
Where it is disassembled, the parts that are then made available are capable of being reassembled into a working weapon and are therefore component parts of a firearm.

Question 8

Ammunition

Answer 8

s57 Firearms Act 1968
Ammunition means any ammunition for a firearm and includes grenades, bombs and other missiles, whether capable of use with a firearm or not and also prohibited ammunition.
Does not include components and ingredients of ammunition, only assembled ammunition.
Empty cartridges are not ammunition.
There is an exception for missiles for ammunition under s5 e.g. expanding or armour piercing bullets - they are regarded as ammunition.

Question 9

Imitation firearms

Answer 9

Some offences also apply to imitation firearms.
2 types of imitation firearm:
1- general imitation - have appearance of firearms
2- imitation of s1 firearms - have appearance of s1 firearm and can be readily converted into such a firearm
Offences usually apply to general imitation firearms when they mention imitation firearm.
Offences generally require D to be carrying a thing so holding fingers in coat and pretending its a gun will not amount to an imitation firearm

Question 10

s1 firearm

Answer 10

All firearms which are not prohibited except shotguns and conventional air weapons.
s1 ammunition - any ammunition for a firearm except:
Cartridges containing 5+ shotgun pellets, no bigger than 0.36 inches diameter
Ammunition for an airgun, air rifle or air pistol
Blank cartridges no bigger than 1 inch diameter
So basically any ammunition that would go into a s1 firearm except shotgun pellets, air gun pellets or blanks.
You need a licence for a s1 firearm/ammunition

Question 11

Possessing a firearm or ammunition without a certificate - s1

Answer 11

s1 Firearms Act 1968
Either way
Offence for a person to have in their possession or purchase or acquire a s1 firearm or s1 ammunition unless authorised by a firearms certificate or exemption.
If the firearm involved is a sawn-off shotgun the offence becomes aggravated (s4(4))

Question 12

s1 firearms certificate

Answer 12

Issued by the Chief Officer of Police under s26A
Certificate may carry restrictions on the types of firearm the holder is allowed and circumstances under which they may have them
Certificate will detail the firearms can be held and quantity and type of ammunition
Person may hold a European firearms pass or similar document which is then governed by ss32A-32C.

Question 13

Shortening barrel of smooth-bore s1 firearm or shotgun

Answer 13

s6(1) Firearms Amendment Act 1988 - smooth bore s1
s4(1) Firearms Act 1968 - shotgun
Either way
It is an offence to shorten the barrel of any smooth-bore to which s1 FA1968 applies or a shotgun to a length less than 24 inches.
Length measured from muzzle to the point at which the charge is exploded.
Once shortening has taken place, nature of the firearm will have changed so person will also commit the relevant possession offence

Question 14

Shotgun

Answer 14

s1(3) Firearms Act 1968
Normal shotgun - 
Barrel at least 2 feet (24 inches),
Bore of barrel must not exceed 2 inches,
Incapable of holding more than 2 shots.

Question 15

Possessing shotgun without certificate - s2(1)

Answer 15

s2(1) Firearms Act 1968
Either way
It is an offence for a person to have in their possession or purchase or acquire a shotgun without holding a licence authorising them to possess shotguns.

Question 16

Failing to comply with the conditions of a shotgun certificate - s2(2)

Answer 16

S2(2) Firearms Act 1968
Summary
It is an offence for a person to fail to comply with a condition subject to which a shot gun certificate is held by him.

Question 17

Trade restrictions by person not registered as firearms dealer - s3(1)

Answer 17

s3(1) Firearms Act 1968
Summary
Its an offence for a person not registered as a firearms dealer to manufacture, sell, transfer, repair etc. firearms or ammunition to which s1 applies or shotguns or sells or transfers air weapons.

Question 18

Converting an imitation firearm - s4(3)

Answer 18

s4(3) Firearms Act 1968
Either way
It is an offence for a person other than a registered firearms dealer to convert anything which has the appearance of a firearm so that it can be fired.
So converting an imitation firearm into a firearm.
Once converted, the nature of the imitation firearm would have changed so the person will also commit the relevant possession offence.

Question 19

Possession of articles for use in connection with conversion - s4A

Answer 19

s4A Firearms Act 1968
Either way
A person commits an offence if:
They have in their possession or control an article capable of being used to convert an imitation firearm into a firearm, and
They intend to use the article to convert an imitation firearm into a firearm.

Question 20

Violent Crime Reduction Act 2006 - imitation firearm offences

Answer 20

s36 - Offence to manufacture, import, modify or sell realistic imitation firearms as defined in s38.
s38 - Offence to manufacture, modify or import an imitation firearm that does not conform to specifications set out in regulations made by SoS.
s40 - Offence to sell an imitation firearm to a person under 18 and for a person under 18 to purchase an imitation firearm. (This is inserted into FA1968 by s24A).

Question 21

Possessing or purchasing prohibited weapons or ammunition -s5

Answer 21

s5 FA 1968
Either way
A person commits an offence if, without authority of SoS or Scottish Ministers, he has in his possession or purchases or acquires a prohibited weapon or ammunition.
Strict liability offence - just have to show they knew that had it on them. If it was in bag and they knew they had the bag but not what was in the bag, that was sufficient.
Includes weapon if dismantled and in parts as long as they could be put back together to be a prohibited weapon or if it is missing an essential piece e.g. trigger.

Question 22

Prohibited weapon special exemptions

Answer 22

Special exemptions for s5 covered under s5A-
Slaughterers
Humane killing of animals (covers vets)
Shot pistol for vermin
Treatment of animals (tranquilliser gun)
Races at athletic meetings (starter pistol)
Trophies of war (must have been collected before 1946 and can’t transfer once you die so wont be many left now)
Firearms of historic interest (e.g. museums)
Air weapons (owned before 1/1/2004 if they applied for a firearms certificate)

Question 23

General exceptions to s1 firearm and shotgun offences

Answer 23

Police permit holders
Borrowing for a sporting purpose
Borrowing on private premises and using it on the private premises in occupier’s presence for hunting, shooting vermin or artificial targets
(For these if user is under 18, the lender must be over 18)
Club member of an approved rifle or pistol club when carrying out target practice
Visitors permit (issued by CC to anyone hold a European Firearm Pass)
Antique as ornament or curiosity
Authorised Firearms Dealers

Question 24

Air weapons

Answer 24

s1(3)(b) Firearms Act 1968
Air rifles, guns or pistols which are not prohibited weapons under s5(1) and which are not of a type declared to be specially dangerous

Question 25

Specially dangerous air weapons

Answer 25

Subject to stricter control
r2 Firearms (Dangerous Air Weapons) Rules 1969
Basically where the pellet comes out at a very high energy (6ft lbs - air pistol, 12ft lbs - air rifle)
An air weapon declared specially dangerous is considered to be a s1 firearm under FA 1968 and requires a firearms certificate.

Question 26

Firing an air weapon beyond premises - s21A

Answer 26

s21A FA 1968
Summary
Makes it an offence for a person of any age to fire an air weapon beyond the boundary of premises
Defence if the person shooting has the consent of the occupier of the land over or into which they shoot.

Question 27

Failing to prevent minors from having air weapons - s24ZA

Answer 27

s24ZA FA 1968
Summary
It is an offence for D possessing an air weapon if he fails to take reasonable precautions to prevent any person under 18 from having the weapon with them

Question 28

Sale of air weapons by way of trade or business must be face to face - s32

Answer 28

s32 Violent Crime Reduction Act 2006
Summary
A person who sells air weapons by way of trade or business to a person who is not a registered firearms dealer commits an offence if he sells them any other way than face to face.
Both parties must be present or can be a representative of one party if one cant make it - e.g. an employee, registered firearms dealer authorised to act on their behalf.

Question 29

Possession with intent to endanger life - s16

Answer 29

s16 FA 1968
Indictable
It is an offence for D to have in his possession any firearm or ammunition with intent to endanger life to enable another person to endanger life, whether any injury has been caused or not.
Does NOT include imitation firearms.
Must prove an intention by D to behave in a way that D knows will in fact endanger life
Intent does not have to be immediate and may be conditional, e.g. intent to shoot someone if they don’t do what was they ask.
It must be the firearm that provides the means to endanger life, not anything else, e.g. driving dangerously while possessing a firearm would not be sufficient.
Life endangered must be the life of another, not the D - so would not cover intent to commit suicide.
Self-defence could be raised by unlikely.

Question 30

Possession with intent to cause fear of violence

Answer 30

s16A FA 1968
Indictable
It is an offence for D to have in his possession any firearm or ammunition with intent to cause or enable another to cause any person to believe that unlawful violence will be used against him or another person.
Does not include imitation firearms
So possession + intent to cause fear of violence
Doesn’t matter if victim wasn’t in fear (e.g. knew it was an imitation firearm), only need to show Ds intent to cause fear
Must be in possession at the time or immediately before Ds actions
Firearm does not need to be shown or produced.
Possession while making a general threat to someone who doesn’t know about its presence is unlikely to be covered by this

Question 31

Using a firearm to resist arrest - s17(1)

Answer 31

s17(1) FA 1968
Indictable
It is an offence for D to make or attempt to make use of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another.
Arrest must be lawful.
Must make use of the firearm.
For this section, firearm only includes a firearm or imitation firearm, not component parts of accessories.
Mist prove - D made actual use of the firearm + D did so to resist arrest of self or other

Question 32

Having a firearm with intent to commit an indictable offence or resist arrest - s18(1)

Answer 32

s18(1) FA 1968
Indictable
It is an offence for D to have with him a firearm or imitation firearm with intent to commit an indictable offence or resist arrest or prevent the arrest of another while he has the firearm/imitation firearm with him.
Must prove D had firearm with him (more restricted than in possession) + intended to have firearm with him + at same time intended to commit an indictable offence or resist/prevent arrest
Have with him - readily accessible - 50 yards away has been allowed
Not necessary to show D intended to use the firearm to commit the indictable offence

Question 33

Possessing a firearm while committing a sch 1 offence - s17(2)

Answer 33

s17(2) FA 1968
Indictable
Offence committed if either:
Being in possession of the weapon at the time of committing sch 1 offence
Being in possession of the weapon at the time of being arrested for sch 1 offence.
Sch 1 offence - ACTOR
Abduction
Criminal Damage
Theft, burglary, robbery, TWOC, blackmail
Offences against the person, s47, s20, assault on police)
Rape and other sexual offences
D does not have to be convicted of a sch 1 offence, can still be convicted of this even if later you cant charge them of the sch 1 offence.
D must prove they had the firearm or imitation firearm for a lawful purpose.

Question 34

Using someone to mind a weapon - s28(1)

Answer 34

s28(1) Violent Crime Reduction Act 2006
Indictable
Closes a loophole in law where people escaped prosecution by giving their dangerous weapon to another person, usually a child to hide, look after, transport.
Using a minor for this is an aggravating factor due to the risk of injury
Dangerous weapon - firearm other than an air weapon or component part of or accessory of an air weapon

Question 35

Having a firearm or imitation firearm in a public place - s19

Answer 35

s19 FA 1968
Either way (summary if it is an air weapon)
Offence if, without reasonable excuse or lawful authority, D has with him in a public place a loaded shotgun, an air weapon (loaded or not), any other firearm (loaded or not) together with suitable ammunition or an imitation firearm.
Loaded - ammunition in chamber of barrel
Strict liability offence

Question 36

Trespassing with a firearm in a building - s20(1)

Answer 36

s20(1) FA 1968
Either way
A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building as a trespasser without reasonable excuse.
Includes when occupier withdraws consent
Has with him

Question 37

Trespassing with a firearm on land - s20(2)

Answer 37

s20(2) FA 1968
Summary
A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any land as a trespasser without reasonable excuse.
No requirement they had it with them when entering.

Question 38

Police powers

Answer 38

s47 FA 1968 allows a PC to require any person who he has reasonable cause to suspect of having a firearm with him in a public place or to be committing or about to commit an offence relevant for the purpose of this section (e.g. s18(1)+(2) and s20(1)+(2)) to hand over the firearm of any ammunition for examination by the PC.
Summary offence to fail to comply.
s47 also allows an officer to search and detain person for that purpose and enter any place if they have reasonable cause to suspect that there is a firearm in a vehicle in a public place or a vehicle is being/about to be used in connection with the commission of an offence relevant to this section.

Question 39

Police power to demand documentation

Answer 39

s48 FA 1968
PC may demand the production of a persons firearm certificate or shotgun certificate if they believe a person if in possession of a s1 firearm or shotgun.
No requirement for belief to be reasonable.
Failure is a summary offence

Question 40

Firearms and convicted persons

Answer 40

s21 FA 1968
Any person sentenced to custody for life or to preventative detention, imprisonment, youth detention etc. for more than 3 years must not at any time have a firearm or ammunition in their possession - lifetime ban.
If sentenced between 3 months and 3 years, they must not possess for 5 years after their release.
Does not apply to imitation firearms.
May apply to Crown Court for removal of this prohibition.
It is an offence under s21(5) to sell or transfer a firearm to a person prohibited under s21.