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Crime > Firearms > Flashcards

Firearms Flashcards

1
Q

What is the definition of a firearm?

A

A firearm is…

  • any lethal barrelled weapon
  • a prohibited weapon
  • a component in regards to a lethal barrelled weapon or prohibited weapon
  • an accessory to a lethal barrelled weapon or prohibited weapon designed to diminish flash or sound of firing
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2
Q

What is a lethal barrelled weapon?

A

Any weapon capable of discharging a shot, bullet or missile UNDER ITS OWN CAPACITY

  • something which is capable of firing with the aid of another article such a clamp or a punch would NOT be such a weapon because this refers to the item itself being the weapon, not something which is capable of doing it when combined with other items
  • air pistols, imitation revolvers and starter guns capable of firing flares which can kill have all been held as lethal barrelled (but will not ALWAYS be so)
  • ALL PROHIBITED WEAPONS ARE FIREARMS but not all firearms are prohibited
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3
Q

What are components?

A
  • the barrel, chamber or cylinder
  • frame, body or receiver
  • breech, block, bolt or something capable of containing pressure
  • scopes, magazines and furniture are NOT components
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4
Q

What are accessories?

A

Silencers and flash eliminators are accessories but having one BY ITSELF is not a firearm and would not be an offence in its own right. It must be with the FIREARM IT IS TO BE USED WITH. If it is not, no offence. If it is with a firearm it is not designed to be used with, you must show it was with it to be used with it in some way

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5
Q

What is an air soft gun?

A

A gun capable of ONLY firing plastic sphere projectiles no more than 8MM in diameter

  • if the energy on the weapon exceeds 1.3J (double shot) or 2.5J (single shot) it can still be an offence
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6
Q

How do you know a firearm has been deactivated?

A
  • it bears a mark from one of the approved companies
  • there is a certificate in writing that the work has been carried out and it is no longer capable of firing a missile or bullet
  • the firearm must always remain whole. If broken up as part of the deactivation, and those parts are capable or being put back together as part of a working firearm then they will be classified as components and an offence
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7
Q

What is ammunition?

A

Any ammunition for any firearm wether it is capable of being used in any firearm or not. This includes grenades, missiles and bombs

  • this does not include the parts for ammunition, they must be fully assembled
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8
Q

What is an imitation firearm?

A

Anything with the appearance of a firearm wether capable of firing or not

  • the firearm must be something separate from the body in order to be “possessed” by the holder and as such holding you fingers like a gun does not count
  • the object need only to have the appearance of a firearm and as such needs no alteration, adaption or even look like one
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9
Q

What is a prohibited weapon?

A

SEE THE LIST ON PAGE 65

  • a washing up liquid bottle full of acid is NOT made or adapted and as such not prohibited. The weapon must either be build to discharge or have a physical alteration done to it
  • a stun gun is a prohibited weapon and will be one even after it stops working
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10
Q

What is the offence of possession or purchase of a prohibited weapon or ammunition?

A

Any person who…

  • possesses
  • purchases
  • acquires

…any prohibited weapon or ammunition without authority of the…

  • Secretary of State
  • Scottish ministers
  • a person is in possession of the item is in their custody or control. Even if they pick it up without knowing what it is or what they have (even if it’s inside another item and they have not seen or know it’s there). They can even still be in possession if they pass custody of it to another as long as they have some control over it
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11
Q

What is a S1 firearm?

A

Any firearm except…

  • shotguns
  • air weapons
  • sawn off shotguns and especially dangerous air weapons do count here

S1 ammunition includes all ammunition except…

  • a cartridge with 5+ shot, none of which is bigger than 0.36 inches in diameter
  • air weapon ammunition
  • blank cartridges no more than 1 inch in diameter
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12
Q

What is the offence of possession of a firearm or ammunition without a certificate?

A

Any person who…

  • possesses
  • purchases
  • acquires

… a firearm or ammunition without a certificate at the time

  • if the firearm is a sawn off shotgun the offence is aggravated and the maximum sentence is 7 years
  • ACQUIRE includes hiring, borrowing or accepting as a gift
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13
Q

What is the offence of shortening a barrel?

A

Any person who shortens the barrel of…

  • a smooth bore gun
  • a gun with a bore exceeding 2 inches

…to less than 24 INCHES

  • firearms dealers are exempt so they can cut off barrels for repairs as long as they have the required length of 24 inches+ at the end
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14
Q

What is a shotgun?

A
  • a smooth bore gun
  • has a barrel NOT LESS than 24 INCHES
  • a bore NOT EXCEEDING 2 INCHES
  • has no magazine or has a non-detachable magazine that holds NO MORE than 2 rounds
  • 2 feet, 2 inches 2 cartridges
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15
Q

What is the offence of possession of a shotgun without a certificate?

A

Any person who

  • possess
  • purchases
  • acquires

…a shotgun without a certificate authorising them to hold one

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16
Q

What is an air weapon?

A

Any air pistol / gun / rifle

These are not prohibited weapons

  • if they are made or adapted for use with a contained gas system they become prohibited
17
Q

What is a specifically dangerous air weapon?

A

ANY air weapon capable of discharging a projectile with…

  • 6 feet per pound of kinetic energy (PISTOL)
  • 12 feet per pound of kinetic energy (ALL OTHER)

…OR…

  • is disguised as another object
  • these become S1 firearms
  • if they are designed to only work under water these rules do not apply (harpoon gun)
18
Q

What is the offence involving the sale of an air weapon?

A

Any person who transfers possession of an air weapon for the purpose of sale and the buyer or their representative are not personally present

  • this only applies where the buyer is NOT a registered firearms dealer
  • the representative is a person acting on behalf of the seller in their capacity as a firearms dealer
  • if the buyer is not a firearms dealer, the representative should be and this allows the seller to send it via post to the representative who can then transfer it in person to the buyer without ever breaking the above law
19
Q

What is the offence of firing an air weapon beyond a premises?

A

Any person who…

  • has an air weapon on ANY PREMISES
  • uses it to fire a middle beyond that premises
  • it is a defence to prove that any other premises which the missile was fired into or across had consented to it being done
  • premises includes any land
  • any person of any age can commit this offence
20
Q

What is the offence of failing to prevent minors from having air weapons?

A

Any person who…

  • fails to take reasonable precautions
  • to prevent a person aged UNDER 18
  • having the weapon WITH THEM
  • it is a defence to prove the person giving the weapon reasonably believes the person to be over 18 and there was feasible grounds for the belief
  • antique air weapons kept as curios are excluded
21
Q

What are the general exemptions for firearms?

A
  • a person borrows a firearm/ ammunition for a sporting purpose. If the person borrowing the firearm is UNDER 18 the person they are borrowing it from must be aged 18 OR OVER
  • as a starting pistol for a sporting event
  • as a member of an approved coup in approved activities
  • borrowing a shotgun from THE OCCUPIER OF A PRIVATE PREMISES and using them on THAT PREMISES IN THE OCCUPIERS PRESENCE. If the person borrowing the shotgun is UNDER 18 the person they are borrowing it from must be aged 18 OR OVER
22
Q

What is the offences of converting an imitation firearm?

A

Any person who…

  • converts
  • anything with the appearance of a firearm
  • so it can fire

…OR…

Any person who

  • is not a registered firearms dealer
  • has in their possession or control
  • any article
  • capable of converting an imitation firearm to a firearm
  • intends to use it for that purpose
23
Q

What is the offence of possession of a firearm with intent to endanger life?

A

Any person who…

  • has in their possession
  • any firearm
  • ammunition
  • with intent to endanger the life of another
  • either by themselves or another
  • whether any injury is caused or not
  • an imitation firearm CAN NOT commit this offence
  • you DO NOT have prove the intended to KILL
  • the intent does not have to be immediate but can be any time
  • the firearm or ammunition MUST be the thing which is endangering life, not just there at the time something else or endangering it
24
Q

What is the offence of possession with intent to cause fear of violence?

A

Any person who…

  • has in their possession
  • any firearm or imitation firearm
  • to cause
  • enable another to cause
  • any other person to fear unlawful violence will be used against them or another
  • the firearm never needs be seen but it must be the source of the threat and fear. Having it there whilst making another threat where it is not seen will not be enough
  • the fact the complainant knows it is an imitation firearm is irrelevant
25
Q

What is the offence of using a firearm to resist arrest?

A

Any person who…

  • makes
  • attempts to make
  • use of
  • firearm
  • imitation firearm
  • to prevent the lawful arrest of
  • themselves
  • another
  • this does not include components/ imitation components or flash or noise suppressors
26
Q

What is the offence of having a firearm with intent to commit an indictable offence?

A

Any person who…

  • has with them
  • a firearm or imitation firearm
  • with intent to commit an indictable offence
  • resist or prevent the lawful arrest of themselves or another
  • the firearm must BE WITH them but up to 50 yards has been deemed sufficient but miles away were not
  • they DO NOT have to be shown to be CARRYING the firearm
  • they must have the firearm with them intentionally and have the request intent at that time
  • they do not have to have it with them with the intent to use it
27
Q

What is the offence of possession whilst committing a S1 offence?

A

Any person who…

  • has in their possession
  • any firearm or imitation firearm
  • at the time of committing a S1 offence
  • at the time of being arrested for a S1 offence

S1 offences include

  • ABDUCTION
  • CRIMINAL DAMAGE
  • THEFT, ROBBERY, BURGLARY, BLACKMAIL, TWOC
  • ASSAULTS
  • RAPE AND SEXUAL OFFENCES
  • S1 DOES NOT INCLUDE S18 GBH
  • the person being arrested does not have to have used the firearm in the offence and the offence can have taken place any time prior to their arrest - as long as the firearm is in their possession when being arrested, it counts
  • the S1 offence being arrested for does not have to be convicted or even proved that it happened, as long as the arrest is lawful
  • it is a defence to prove they are lawfully in possession of it as
28
Q

What is the offence e of using someone to mind a weapon?

A

Any person who uses another to…

  • look after
  • hide
  • transport
  • dangerous weapon

… makes this arrangement so the weapon is available for an unlawful purpose

  • a dangerous weapon is anything other than an air weapon or it’s parts
29
Q

What is the offence of having a firearm or imitation firearm in a public place?

A

Any person who…

  • without lawful authority or excuse
  • has with him in a public place
  • a LOADED shotgun
  • an air weapon
  • any firearm WITH ammunition for it
  • an imitation firearm
30
Q

What is the offence of trespassing with with a firearm in a building or land?

A

Any person who…

  • enters a building as a trespasser
  • OR is a trespasser in a building AT ANY TIME
  • OR enters any land as a trespasser
  • OR is a trespasser on any land AT ANY TIME
  • has with him
  • firearm or imitation firearm
  • it does not matter at what point he becomes a trespasser as long as he is with the firearm with him. The offence is complete as soon as those 2 meet
31
Q

What is the police power to require someone to hand over a firearm?

A

A constable may require anyone who they have cause to SUSPECT

  • has a firearm in a public place
  • is committing or about to commit a relevant offence in a non-public place

…to hand over the firearm

  • a relevant offence is trespass with a firearm or possession with intent to commit an indictable offence
32
Q

What is the police power to demand documentation?

A

A constable who believes a person to be in possession of a firearm, ammunition or shotgun, can demand that person produce the relevant certificates for these

33
Q

What is the law around possession by convicted persons?

A

A person who receives a sentence at court of…

  • lifetime imprisonment
  • imprisonment for 3 years or more (including young offenders institutes)

…receives a lifetime ban from holding a firearm or ammunition

If a person receives a sentence at court of…

  • between 3 months but less than 3 years

…they cannot hold a firearm or ammunition for a person of 5 YEARS from the day of their release

  • imitation firearms are NOT COVERED
34
Q

What is the offence of supplying to a prohibited person?

A

Any person who…

  • sell
  • transfer
  • a firearm or ammunition
  • repair, prove or test a firearm
  • for someone they know or reasonably believe to be prohibited
35
Q

What are the age restrictions on possession of a firearm?

A
  • a person under 18 must not purchase a firearm or ammunition
  • have with him an air weapon or ammunition unless supervised by someone who is at least 21
  • if a person under 18, being supervised with an air weapon, fires it beyond the premises boundaries, both they and the supervisor commit and offence
  • it is an offence to make a gift / part with an air weapon to someone aged under 18
  • it is an offence to sell let or hire an air weapon to someone aged under 18
  • it is an offence to sell to or purchase by someone aged under 18, an imitation firearm
  • it is an offence for a person to gift a shotgun or ammo to someone under 15
  • it is an offence for someone under 15 to have an assembled shotgun with them UNLESS supervised by someone over 21 OR the shotgun is secured so it cannot fire
  • it is an offence for someone under 14 to be in possession of a S1 firearm
  • it is a defence by a seller to prove they did not believe the buyer was under 18
  • it is not an offence for a person aged 14 or over to have an air weapon on private premises with the consent of the occupier
36
Q

What are the restrictions on transferring a firearm?

A

Any person…

  • selling
  • letting
  • hiring
  • lending
  • giving

A firearm must…

  • produce a certificate entitling them to do so
  • comply with the conditions of that certificate
  • transfer the firearm or ammunition personally to the receiver
  • the receiver must notify the CHIEF POLICE OFFICER who granted the certificate of the transfer within 72 HOURS of the transfers. This includes where the firearm is lost, destroyed or deactivated

Crime (16 decks)

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