Firearms Flashcards
Definition of a Firearm?
A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes:
- Any lethal prohibited weapon whether lethal barrelled or not.
- Any component part of such lethal or prohibited weapon.
- Any accessory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon.
Definition of Ammunition?
Any ammunition for any firearm and includes grenades, bombs and other like missiles wether capable of use with a firearm or not.
Definition of an Air Weapon?
- An air weapon, air gun or air pistol which does not fall within Section 5 (1) if the Firearms Act 1968.
- The component parts of an air weapon.
- Any accessory to such a weapon designed or adapted to diminish the noise caused by discharging the weapon.
What criteria must an applicant meet for a Firearm/Shotgun/Air Weapon Certificate?
- Applicant is fit to be entrusted with a Section 1 Firearm
- Applicant is not a ‘prohibited person’
- Applicant has a good reason for having the firearm or ammunition stated in the application
- Applicant can have the firearm/ammunition in their possession without the danger to public safety or to the peace.
Section 48 Firearms Act 1968?
“Production of Firearm & Shotgun Certificate”
- A constable can demand the production of the relevant certificate from any person they believe to be in possession of any Section 1 Firearm/Shotgun
- If the person fails to produce a certificate or refuses to allow the constable to read it, the constable may”
i) Seize any weapon/ammunition
ii) Demand the person’s name and address.
If they refuse to provide their name/address in such cases they can be arrested.
What are the exemptions from requiring a Firearms Certificate?
- Registered firearms dealers and their employees
- Person carrying firearms/ammunition for a cert holder but only for use of a cert holder for sporting purposes
- Persons private premises using shotgun owned by occupier of the land in their presence
- Members of approved rifle club at meetings
- Emergency flares for signalling purposes
- Persons at shooting galleries using rifles which DO NOT EXCEED 23 CALIBRE
- Blank firing guns used for starting races at athletic meetings.
- Antique firearms kept solely as a curiosity/ornament
Section 20 Firearms Act 1968?
Creates an offence for any person:
- In possession of a firearm or imitation firearm to trespass onto any land or buildings without reasonable excuse (the proof there of shall lie with them)
Section 19 Firearms Act 1968?
Creates an offence for any person to have with them, in a public place, without lawful authority or reasonable excuse any of the following:
- A loaded shotgun
- An air weapon (whether loaded or not)
- Any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
- An imitation firearm (whether capable or not of discharging a shot/bullet)
Section 5 (1) Firearms Act 1968?
Certain types of weapon cannot be manufactured or acquired without specific consent of the Secretary of State, these include:
- All firearms designed/adapted for continuous fire
- Most rifles which are capable of rapid fire
- Most shotguns capable of rapid fire
- Any firearm disguised as another object
- Any rocket launcher
- Any air weapons that use a self-contained gas cartridge system
Any firearm with a barrel length LESS THAN 30CM or as an overall length of LESS THAN 60 CM
- Any other weapons of any description designed or adapted to discharge noxious gases, liquids or other things
Definition of a Shotgun?
A smooth bore gun not being an air weapon which:
- Has a barrel length NOT LESS THAN 24 INCHES IN LENGTH
- A barrel bore NOT EXCEEDING 2 INCHES IN DIAMETER
- Must NOT have a magazine capable of holding MORE THAN 2 CARTRIDGES
Section 21 Firearms Act 1968?
“Firing an air weapon beyond premises”
- Creates an offence for a person to have with them an air weapon on any premises if they use it for firing a missile beyond those premises
Section 46 Firearms Act 1968?
“Firearms Warrant”
A constable may:
- Enter at any time any premises or named place if necessary by force
- Search the premises or place
- Search person/persons
- Seize and detain anything found in connection with the offence
- Power to require any information which is kept by any means on a computer
Section 47 Firearms Act 1968?
“Stop & Search Powers”
- If a constable has reasonable cause to suspect that a person in possession of a firearm or ammunition in public or…
- They have committed or about to commit a Section 20 offence (trespass with firearm) for examination, the constable may:
i) Require the person to hand over the firearm/ammunition for examination
ii) Search the person and detain them for that purpose
iii) Stop and search any vehicle in similar circumstances
iv) A constable may enter any place, if however other firearm offences are involved or a forcible entry is required, a warrant must be obtained
It’s an offence to fail to hand over firearms/ammunition
Section 21 Firearms Act 1968?
“Possession of Firearms by persons previously convicted”
- A person who has been sentenced to preventative detention, or to imprisonment or to corrective training for a term of 3 YEARS OR MORE, or who has been sentenced to be detained for such a term in a young offender’s institute in Scotland, shall not at any time have a firearm/ammunition in their possession.
Respective Prohibition Periods for Possessing Firearms?
Custodial Sentence:
- Under 3 Months = Prohibition Period of 3 Years
- 3 Months - 3 Years = Prohibition Period of 5 Years
- 3 Years and Over = Total Prohibition
