Firearms

Question 1

Definitions of Firearms

(section 57 (1) Firearms Act 1968),

Answer 1

A firearm is “a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged”

Question 2

There are many different types of firearm such as revolvers, pistols and rifles.

Firearms are loosely grouped into four categories under the Firearms Act 1968.

Answer 2

Section 1 firearms
Shotguns
Air weapons
Prohibited weapons

Question 3

The parts of a firearm

Answer 3

Te term “component part” may be held to include (i) the barrel, chamber, cylinder, (ii) frame, body or receiver, (iii) breech, block, bolt or other mechanism for containing the charge at the rear of the chamber (iv), any other part of the firearm upon which the pressure caused by firing the weapon impinges directly. Magazines, sights and furniture are not considered component parts.

They are all legally controlled so cannot be bought separately and built.

Question 4

Types of guns

Answer 4

Revolver (cylinder revolves as fired).

Pistol (fed by removable magazine)

Rifle (long distance)

Question 5

Possession of Firearms by Adults

The Firearms Act 1968 creates offences of:

Answer 5

Section 1 - Possession of a firearm/specially dangerous air weapon and certain ammunition without a certificate.

Section 2 - Possession of a “shotgun” without a certificate

Section 5 - Possession of a prohibited weapon.

Question 6

Firearms certificates

Answer 6

Certificate needed for s 1 firearms, shotguns, some types of ammunition and any component parts of a firearm.

Other categories of firearm. such as air weapons and some imitation firearms do not require certificates.

Question 7

s 48(1) of the Firearms Act 1968 states police have the power to what?

Answer 7

Demand the production of a firearm certificate from any person whom he/she believes to be possession of nay firearm/ ammunition requiring one.

If they can’t/ don’t it can all be seized.

Question 8

The Firearms Act 1968 creates offences of:

Section 16

Answer 8

Section 16 Possession of a firearm or ammunition with intent to endanger life.

Question 9

The Firearms Act 1968 creates offences of:

Section 16A

Answer 9

Section 16A Possession of a firearm or imitation with intent to cause fear of violence.

Question 10

The Firearms Act 1968 creates offences of:

Section 17(1)

Answer 10

Section 17(1) Using a firearm or imitation to resist or prevent lawful arrest of himself or another.

Question 11

The Firearms Act 1968 creates offences of:

Section 17(2)

Answer 11

Section 17(2) Possessing a firearm or imitation whilst committing certain offences which are set out in Schedule 1.

Question 12

The Firearms Act 1968 creates offences of:

Section 18

Answer 12

Section 18 Carrying a firearm or imitation with intent to commit an indictable offence or to resist arrest or prevent the arrest of another.

Question 13

The Firearms Act 1968 creates offences of:

Section 19

Answer 13

Carrying a loaded shot gun, air weapon, (whether loaded or not), any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm or an imitation firearm in a public place without lawful authority or reasonable excuse.

Question 14

The Firearms Act 1968 creates offences of:

Section 20

Answer 14

Entering a building or part of a building as a trespasser without reasonable excuse whilst having with him a firearm or imitation. Distinguish possession from “having with him”.

Question 15

The Firearms Act 1968 creates offences of:

Section 21

Answer 15

Section 21 Possession of a firearm by persons previously convicted of crime.

Question 16

A police officer can require any person to hand over a firearm/ ammunition for examination under what legislation?

Answer 16

s 47(1) of The Firearms Act 1968

The officer must have reasonable cause to suspect person is in possession of a firearm in a public place, or is committing or about to commit a relevant offence.

Failure to hand over firearm or ammunition on demand by constable is a summary offence and the penalty is three months imprisonment and/or a fine.

(5) For the purpose of exercising the powers conferred by this section a constable may enter any place

Question 17

Supplying firearms to minors

The Firearms Act 1968

Section 24

Answer 17

(1)It is an offence to sell or let on hire any firearm or ammunition to a person under the age of seventeen.

(2) It is an offence—
(a) to make a gift of or lend any firearm or ammunition to which section 1 of this Act applies to a person under the age of fourteen; or
(b) to part with the possession of any such firearm or ammunition to a person under that age, except in circumstances where that person is entitled under section 11(1), (3) or (4) of this Act to have possession thereof without holding a firearm certificate.

(3)It is an offence to make a gift of a shot gun or ammunition for a shot gun to a person under the age of fifteen.

(4) It is an offence—
(a) to make a gift of an air weapon or ammunition for an air weapon to a person under the age of fourteen ; or
(b) to part with the possession of an air weapon or ammunition for an air weapon to a person under that age except where by virtue of section 23 of this Act the person is not prohibited from having it with him.

(5)In proceedings for an offence under any provision of this section it is a defence to prove that the person charged with the offence believed the other person to be of or over the age mentioned in that provision and had reasonable ground for the belief.

Question 18

Business and other transactions with firearms and ammunition

The Firearms Act 1968

Section 3

Answer 18

(1) A person commits an offence if, by way of trade or business, he—

(a) manufactures, sells, transfers, repairs, tests or proves any firearm or ammunition to which section 1 of this Act applies, or a shot gun ; or
(b) exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof any such firearm or ammunition, or a shot gun,

Question 19

The Firearms Act 1968

Section 1 Requirement of firearm certificate

(1) Subject to any exemption under this Act, it is an offence for a person—

Answer 19

a) to have in his possession, or to purchase or acquire,a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
(b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

Question 20

The Firearms Act 1968

Section 1 Requirement of firearm certificate

Offence penalties

Answer 20

Offence is triable either way and the penalty is a fine orr imprisonment (6 months if tried summarily, but if on indictment 5 years and 7 years for sawn off shotgun)

Question 21

The Firearms Act 1968

Section 1 Requirement of firearm certificate

(3) This section applies to every firearm except—

Answer 21

(a) a shot gun (that is to say a smooth-bore gun with a barrel not less than 24 inches in length, either has no magazine of a magazine incapable of holding more than 2 cartridges
(b) an air weapon (that is to say, an air rifle, air gun or air pistol not of a type declared by rules made by the Secretary of State under section 53 of this Act to be specially dangerous).

Question 22

A shotgun certificate/ licence is granted by whom?

Answer 22

Chief police officer of the force area where the applicant lives.

Question 23

Possessing, purchasing or acquiring a shotgun without holding the relevant certificate is what offence?

Answer 23

Either way offence under s 2(1) of the Firearms Act 1968

Question 24

Describe the general characteristics of a firearm?

Answer 24

Any lethal barrelled weapon of any description which any shot, bullet or other missile can be discharged. This includes a prohibited weapon (lethal or not) any component part of a lethal or prohibited weapon and nay accessory designed or adapted to diminish the noise or flash caused by firing any such weapon.

Question 25

Under what circumstances can a person be required to hand over a firearm or ammunition for examination?

Answer 25

When a police officer has reasonable cause to supected a person of having a firearm in a public (with or without ammunition) or to be committing or be about to commit an offence relevant to The Firearms Act 1968, anywhere other than in public place.

Question 26

What types of firearms are covered by s 1 and therefore requires a s 1 certificate?

Answer 26

All firearms expect shotguns, prohibited weapons, air weapons (unless especially dangerous) or imitation firearms (unless converted).

Question 27

What ammunition is covered by s 1 and therefore requires a s 1 certificate?

Answer 27

Any ammunition for a firearm except:

• Cartridges containing five or more shot, none of which exceeds .36 inch in diameter
• Ammunition for an air gun/rifle/pistol
• Blank cartridges with 1 inch maximum diameter

Question 28

Describe the specifications of a shotgun which would be legal in the UK?

Answer 28

Must have a smooth bore

Barrel must be at least 60.96 cm long and no more than 5.08 cm in diameter.

Must not be a revolver gun, and must have either no magazine, or a non detachable magazine than can hold only two cartridges.

Question 29

The Firearms Act 1968

Section 23

(2 )It is not an offence for a perosn under the age of 18 under section 22(4) or (5) of this Act for a person to have with him an air weapon or ammunition at a time when—

Answer 29

(a) being a member of a rifle club or miniature rifle club for the time being approved by the Secretary of State for the purposes of this section or section 11(3) of this Act, he is engaged as such a member in or in connection with target practice ; or
(b) he is using the weapon or ammunition at a shooting gallery where the only firearms used are either air weapons or miniature rifles not exceeding -23 inch calibre.
c) Private land can shoot one but under 14s must be supervised by someone over 21. It is an offence if pellets go beyond premises
d) For other locations, a young person 14-17 can use an air weapon anywhere if supervised by over 21. This is provided they have a lawful authority or reasonable excuse.

Question 30

The Firearms Act 1968

Section 23

(1) It is not an offence under section 22(4) of this Act for a person to have with him an air weapon or ammunition while he is under the supervision of a person of or over the age of twenty-one ; but where a person has with him an air weapon on any premises in circumstances where he would be prohibited from having it with him but for this subsection, it is an offence—

Answer 30

(a) for him to use it for firing any missile beyond those premises; or
(b) for the person under whose supervision he is to allow him so to use it.

Question 31

Restrictions on realistic imitation firearms

The sale of RIFs is restricted to over 18s, and s 37 of teh VCRA must be certain that the purchaser will use the weapon for

Answer 31

(a) the purposes of a museum or gallery;

(b )the purposes of theatrical performances and of rehearsals for such performances;

(c) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);
(d) the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);
(e) the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;
(f) the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

Question 32

What are readily convertible imitation firearms?

Answer 32

Where imitation can be converted into functional firearm or a type requiring a certificate under s 1 of the Firearms Act 1968.

If the conversion process is simple and doesn’t require special skills/ tools (s 1(6)) the firearm is regarded as readily convertible.

Question 33

Any object will be regarded as a firearm under s 1(1) and (2) of the The Firearms Act 1968 if it:

Answer 33

Has the appearance of a firearm

Can be readily converted into a weapon from which a shot, bullet or other missile can be discharged and

When converted, would fall under s 1 of the Firearms Act 1968.

Question 34

What are readily convertible imitation firearms?

Answer 34

Where imitation can be converted into functional firearm or a type requiring a certificate under s 1 of the Firearms Act 1968.

If the conversion process is simple and doesn’t require special skills/ tools (s 1(6)) the firearm is regarded as readily convertible.

Possession without a certificate is an offence.

Question 35

Any object will be regarded as a firearm under s 1(1) and (2) of the The Firearms Act 1968 if it:

Answer 35

Has the appearance of a firearm

Can be readily converted into a weapon from which a shot, bullet or other missile can be discharged and

When converted, would fall under s 1 of the Firearms Act 1968.

Possession of a tool to convert it is an offence under s 127 of the Police and Crime Act 2017.

Question 36

Possible defence to having a readily convertible imitation firearms?

Answer 36

Didn’t know it could be converted and had no reason to suspect (s 1 (5) of the Firearms Act 1982).

Question 37

What is a blank firing firearm?

Answer 37

One that cannot discharge a projectile.

Question 38

What must a blank firer do/have to comply with the Violence Crime Reduction Act 2006 and the Firearms Act 1968?

Answer 38

Must discharge gas from the top of the weapon and have a solid blocked barrel.

Question 39

Are blank firing firearm’s legal to buy, sell and own?

Answer 39

Yes, for people over 18.

Certificate not required.

Not allowed to be carried in public.

Question 40

The Firearms Act 1968

Section 5 Weapons subject to general prohibition

(1)A person commits an offence if, without the authority of the Defence Council, he has in his possession, or purchases or acquires, or manufactures, sells or transfers—

Answer 40

(a) any firearm which is so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty;
(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing; and
(c) any ammunition containing, or designed or adapted to contain, any such noxious thing (e.g pepper spray).