Firearms

Question 1

Difference between firearm and airgun

Answer 1

Firearm - acts by force of explosive
Airgun - acts by force of compressed air or gas

Question 2

Firearms includes

Answer 2

Anything from which shot, bullet, missile, or other projectile can be discharged by force of explosive. It includes
- anything adapted to do above
- Anything not capable but when completed or assembled can do above
- Any specially dangerous airgun

Question 3

Airgun includes

Answer 3

• any air rifle
• Any air pistol
• any weapon by which the use of gas or compressed air, any shot bullet missile or projectile can be discharged

Question 4

Uses in any manner whatever

Answer 4

Use in relation to firearms is to fire it but the words “ in any manner whatever” widen the definition. It is sufficient if the defendant handled or man manipulated the firearm so as to convey an implied threat of its further use against a police officer.

It is not necessary that the firearm was presented at the officer or that it be discharged.

Police V Parker

Question 5

Section 198A

Answer 5

Everyone is liable to imprisonment for term not exceeding 14 years who uses any firearm in any manner whatever against a constable, or any traffic officer, or any prison officer, acting in the course of their duty knowing that, or being reckless whether or not, that person is above

Question 6

198B

Answer 6

Everyone is liable to imprisonment not exceeding 10 years who in committing an imprisonable offence uses a firearm or while committing an imprisonable fence has firearm with them in circumstances that show an intention to use it in the connection with that offence

Question 7

Uses any firearm

Answer 7

Users includes firing or presenting the firearm or displaying in a menacing manner. May not extend to the use of the firearm as a club