Firearms

Question 1

What do we need to prove for possession?

Answer 1

They had knowledge of the firearm and it was under their physical control.

Question 2

Case law: Sullivan v Carl of Caithness

Answer 2

A person can still be in possession of the firearm even if it is stored at another location. This example, the firearm was at his parents 160km away but was still considered in his possession as he could drive to get it.

Question 3

Define ‘carries’

Answer 3

Physically need it on them (bag, carrying, pocket).

Question 4

Section 66 - Assumption of possession

Answer 4

Any occupier of land/property/ and the driver of any vehicle is deemed to be in possession of any firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive that is found to be on their property/ in the vehicle. Unless they can prove that it was not their property and it was in the possession of some other person.

Question 5

What may be a defence for discharging near dwelling house or public place?

Answer 5

Protection or defence of self

Question 6

Define ‘presents’

Answer 6

Brandishes, deploys or displays in a threatening way

Question 7

Section 40 Arms act 1983

Answer 7

In uniform - demand particulars of anyone in possession of any…

• Firearm
• Airgun
• Pistol
• Prohibited part
• Prohibited magazine
• Restricted weapon

Question 8

What particulars can we demand under section 40 Arms act 1983?

Answer 8

• Full name
• Address
• DOB

Question 9

Can we arrest someone under section 40 Arms act 1983?

Answer 9

If they refuse we must caution them and if they persist we can arrest them.

Question 10

What does section 40 Arms act 1983 not apply to?

Answer 10

Any imitation firearm

Question 11

Section 18 Search and surveillance act 2012

Answer 11

If we have RGTS breach of firearms act 1983, PO/PSO, likely to cause harm

• Allows us to search a person and anything in their control
• Also allows us to enter a building or vehicle to search the person or anything in their control (vehicle).
• Seize and detain any firearms found and Firearms licence if they have one.

Question 12

What must we do when executing a section 18 SaSa search?

Answer 12

• 169 notification by end of shift
• Comply with section 125 and 131 obligations
• Complete firearms search and seizure notification.