Firearms Act 1968 Flashcards
What is section 57 of the firearms act?
The definition
A lethal barrelled weapon of any description from which any shot, bullet or other missile with kinetic energy of more than one joule at the muzzle of the weapon can be discharged
What are the categories of firearms in section 57?
Air weapons
Shotguns
Section 1 firearms
Prohibited weapons
What is section 1 (3) (b) of the firearms act?
Air weapons:
Air rifle, air gun or air pistol which do not fall within section 5(1) and which are not of a type declared by the act to be specially dangerous
What is section 1(3)(a) of the firearms act?
Shot gun
A smooth bore gun which:
Has a barrel not less than 24 inches in length and does not have a bore exceeding 2 inches in diameter.
Either has no magazine or has a non detachable magazine incapable of holding more than two cartridges and is not a revolver gun
What section covers firearms certificates?
Section 1
What is section 5 - prohibited weapons?
MRWASP63
Military weapons and ammunition Revolvers Weapons of whatsoever description Automatic weapons Self loading and self contained gas cartridge system Pump action rifled bore gun 6 less than 60cm in length 3 barrel less than 30cm in overall length
What is section 57(2) of the firearms act?
Ammunition
Can you possess ammunition without a firearms certificate?
Yes you can possess without a firearms certificate but need it to purchase
What is section 47(1) of the firearms act?
Handing over for examination
A constable may require any person whom he has reasonable cause to suspect
Of having a firearms with or without ammunition with him in a public place or
To be committing or about to commit elsewhere in a public place an offence relevant for the purposes of this section
To hand over the firearm or any ammunition for examination by the constable
What is section 47(2) of the firearms act?
Failure to hand over firearm and or ammunition for examination
Summary offence only, the offender can only be reported
What is section 47(3) of the firearms act?
Power of search for a person
Where a constable has reasonable cause to suspect a person of having a firearm with them in a public place or to be committing/about to commit elsewhere than a public place an offence relevant for the purposes of this section, the constable may search that person and detain them for the purpose of the search
What is section 47(4) of the firearms act?
Power of search for a vehicle
If a constable has reasonable cause to suspect that there is a firearm in a vehicle in a public place or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than a public place they may stop and search the vehicle and for that purpose require the person driving or in control of it to stop it
What is section 47(5) of the firearms act?
Power of entry
What is section 48(1) of the firearms act?
Power to demand documentation
A constable may demand for any person whom they believe to be in possession of a firearm/ammunition to which section 1 applies or a shotgun, the production of their firearms/shotgun certificate
What is section 48(1a) of the firearms act?
Officer may demand documentation issued by another member state
What is section 48(2) of the firearms act?
Constable may seize and detain firearm, ammunition or shot gun and person to declare name and address if failure to produce certificate
what is section 48(3) of the firearms act?
Person is required to declare to constable his name and address, it is an offence to refuse to declare it or give fake name (summary offence)
What is section 48(4) of the firearms act?
It is an offence for a person who is in possession of a firearm to fail to comply with a demand
What is section 2 of the firearms act?
Possess a shotgun without a certificate
Subject to any exemption under this act, it is an offence for a person to have in his possession, or to purchase or acquire a shot gun without holding a certificate under this act authorising him to possess shot guns.
What is section 16 of the firearms act?
Possession with intent to endanger life
It is an offence for a person to have in his possession any firearm/ammunition with intent by means thereof to endanger life/ to enable another person by means thereof to endanger life whether any injury has been caused or not
What is section 16(a) of the firearms act?
Possession with intent to cause fear or violence
It is an offence for a person to have in his possession any firearm or imitation firearm with intent, by any means thereof to cause or to enable another person by means thereof to cause any person to believe that unlawful violence will be used against them or another person
What is section 17(1) of the firearms act?
It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of themselves or another person
What is section 17(2) of the firearms act?
Possessing a firearm while committing/being arrested for a sch 1 offence
If a person at the time of his committing or being arrested for an offence specified in schedule 1 to this act has in his possession a firearm or initiation firearm, he shall be guilty of an offence under this subsection unless he shows that his possession was for a lawful object
What is section 18(1) of the firearms act?
Having a firearm with intent to commit an indictable offence/resist arrest
It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an offence which in schedule one or to resist or prevent the arrest of another, in either case while he has a firearm or imitation firearm with him
What is section 19 of the firearms act?
Having a firearm/imitation firearm in a public place
A person commits an offence if, without lawful authority or reasonable excuse (proof lies on them) has with them in a public place:
A loaded shotgun
An air weapon (loaded or not)
Any other firearm (loaded or not) together with ammunition suitable for use in that firearm or
An imitation firearm
What is section 20(1) of the firearms act?
Trespassing with a firearm in a building
A person commits an offence if while he has a firearm or imitation firearm he enters or is in any building or any part of a building as a trespasser and without reasonable excuse (proof lies on them)
What is section 20(2) of the firearms act?
Trespassing with a firearm on land
A person commits an offence if while he has a firearm or imitation firearm he enters or is on any land as a trespasser and without reasonable excuse (proof lies on them)
What is section 21 of the firearms act?
Possession or acquisition of firearms by convicted person