Firearms Flashcards
Define ammunition…
Any ammunition for any firearm and includes bombs, grenades, and other like missiles, whether capable of use with a firearm or not.
Define firearm
Any lethal barrelled weapon of any description from which any shot, bullet, or other missile can be discharged, and includes any prohibited weapons, whether lethal barrelled or not, any component parts for such lethal or prohibited weapons, and any accessory for such weapons which is designed or adapted to diminish the sound or flash caused by firing the weapon
List the types of prohibited weapons
- Firearms with continuous fire (machine guns etc)
- Rifles with rapid fire (assault rifle, but over .22)
- Shotgun with rapid fire, which is small to conceal (sawn off shotgun)
- Firearm disguised as another object
- Rocket launchers
- Weapons to discharge noxious gas/liquid etc.
- Firearm with barrel less than 30cm/ overall length less than 60cm
- Air weapon with self contained gas cartridge (vulnerable to conversion )
What is a component part?
Any part essential for the gun to be fired
E.g. Recoil spring,trigger, barrel
Not magazine, butt or stock
What is a section 2 firearm?
A shotgun
Define a shotgun
Weapon with a smooth bore and:
Barrel length at least 24”
Bore with diameter of no more than 2”
Magazine capable of holding no more than 2 cartridges
What are the legal pressure limits for air weapons?
Rifle = <6ft/lb
If exceeds then is a sec. 1 firearm.
What is a section 1. Firearm?
Rifle
When can a sec 1 or 2 firearms certificate be granted?
- Person is fit to be trusted
- Not a prohibited person
- Good reason for having firearm
- Do not lose a threat to the public
How long is a certificate valid for?
Up to 5 years
When can a certificate be revoked?
If person is of unsound mind- unfit to have firearm
Poses danger to public
Becomes a prohibited person
What weapons do not need a certificAte?
Air weapons. Unless exceeding limits.
Who grants section 5. Certificates?
Secretary of State
What are sec.5 firearms?
Prohibited weapons
What powers do police have with regard to certificates?
Sec 48. = constable can demand production of certificate (conditional arrest)
Is an offence to refuse, and constable can seize all weapons & ammo and demand name & address.
Withholding name & address = arrestable offence
Who are exempt from holding certificates?
- Registered dealers and employees (only at work)
- A gun bearer for certificate holder (sporting use)
- Someone on private land with consent and supervision of land owner.
- Rifle club members (at meetings)
- At shooting galleries (must be <.23 calibre)
- Blank firing at athletic meets
- Emergency flares
- Antiques kept for curiosity or ornament (no ammo)
What is the offence of sec 19 of the firearms act 1988?
Carrying a firearm in public places,
Without lawful authority or reasonable excuse,
And includes:
A loaded shotgun
An air weapon
Any firearm loaded, or if unloaded and carrying ammo,
An imitation firearm
What is a public place with regard to firearms?
Any place to which the public have access to, whether on payment or otherwise
What offence is sec 20 of the firearms act 1988?
To be in possession of a firearm or imitation firearm,
And trespassing onto any land or building,
Without reasonable excuse.
Doesn’t matter if loaded or has ammo.
Includes air weapons
What is the power of arrest for sec 19&20?
Unconditional
What can you do if you suspect someone of committing a sec 19 or 20?
Sec 47:
Get person to surrender firearm and any ammo
Detain for search
Stop & search any vehicle
Can enter any place, but if force is required a warrant should be obtained.
What is reckless discharge?
A crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is inflicted.
What offence is libelled with firing an air weapon beyond your premises?
Sec 21.a makes this an offence,
Defence = had consent of owner/occupier
What are the age restrictions in place for a shotgun?
- Can be any age to have certificate.
- Must be >18 to buy
- Cannot gift to someone 21, or gun is covered securely so it cannot be fired
What weapons do not need a certificate?
Air weapons
What are the age restrictions for an air weapon?
Must be >18
Is an offence to gift to 21
4) if >14 can use on private premises with consent of occupier.
What are the age restrictions for a sec 1 firearm?
Must be over 18 with certificate.
Offence to buy or sell/hire to t need a license), who can use it on the premises under supervision of the occupier or his servant. SUPERVISOR MUST HAVE CERTIFICATE!!
For what uses can an under 18 have a firearm?
- Slaughtering
- Vermin control
- Sporting
- Clay pigeon shooting
- Competitions
Sec 17(2) creates an offence to use a firearm/imitation firearm to resist or prevent arrest of himself or another, or to attempt this. What power of arrest exists?
Silent, revert to RAISE
Sec 17(2) creates an offence to possess a firearm while committing a schedule 2 offence unless they can prove possession was for a lawful object. What power of arrest exists? What are schedule 2 offences?
Arrest without warrant. Housebreaking Robbery Rape Theft Assault Sec 57 civic govmt (scot) act 1982
Section 18 creates and offence for what?
A person to possess a firearm with intent to commit a schedule 2 offence.
Arrest without warrant
What is total prohibition?
If sentenced to more than 3 years imprisonment, a person may never have a firearm.
When would 5 year prohibition apply?
When sentenced to 3 months to 3 years imprisonment
When can a firearms warrant be granted?
When a sheriff is given information under oath that there is suspicion that an offence has been or is about to be committed or there is a danger to public safety.
What does a firearms warrant allow?
Either a constable or civilian staff member to enter premises, seize and detain. Includes things on computers.
What are the offences in relaxation to young people and imitation firearms?
An offence for <18
Who can purchase a firearm or ammo?
Over 18
Who can possess a sec 1 firearm?
Over 18, unless:
Gun bearer
Rifle club
Shooting gallery
Who can receive a gift of a sec 1 firearm?
Over 14
Who can possess an assembled shotgun?
Over 15, unless:
Supervised by > 21
Or
Secure cover to prevent from firing
Who can possess an air weapon?
Over 18, unless Rifle club member At shooting gallery Under supervision of >21 Consent of land occupier
Who can receive an air weapon as a gift?
Over 18
