Firearms and gun crime Flashcards
Firearms Act 1968
s57 - Definition Firearm/ammunition/imitations
lethal barrel weapon
prohibited weapon
component part to lethal barreled or prohibited weapon
accessory to lethal barreled/prohibited weapon designed/adapted to diminish flash/noise
Item which could only discharge weapon with use of other tools is NOT lethal barreled weapon.
Needs to expel with kinetic energy of >= 1 joule
Air pistols and imm revolvers have been held to be lethal barreled weapons. Signaling pistol which fired explosive magnesium and phosphorus flares at close range capable of killing.
ALL prohibited weapons are firearms BUT not all firearms are prohibited
Magazines and sights are NOT component parts or accessories
Silencers and flash eliminators are accessories but NOT a firearm if on its own. Must be with a weapon its capeable of being used with.
Airsoft guns NOT firearms if:-
Missiles than 8mm diameter.
KE < 1.3 joules if can release 2 + missiles in one go
KE < 2.5 joules in single shot guns
A Deactivated weapon must stay in its complete state. If disassembled and parts capable of being used in working weapon they will = component parts.
Ammunition does not incl ingredients and components of ammunition. Only assembled ammunition covered by act. NOT empty cartridge cases.
Imitation Firearms. Anything which has appeared whether or not capable of discharging any shot or bullet. BUT not noxious liquid (KIV s5 firearm)
Jury/Mags decide if something has appearance of imm firearm.
washing up liquid bottle full of noxious liquid NOT a prohibited weapon.
Electric stun gun, even if not working = prohib weapon
Prohibited weapon
automatic weapons
self loading or pump action weapons
any firearm barrel <30cm or overall length < 60cm other than air weapon, muzzle-loading gun or a firearm designed as signaling apparatus.
smooth bore revolvers
weapon designed to discharged noxious liquid/gas
air rifle, gun, pistol for use with self contained gas cartridge system
cartridge, bullet designed to explode immediately or on impact.
grenade, bomb, rocket, shell designed to be used with firearm and to explode on or immediately b4 impact.
s5 Possessing/Purchasing prohibited weapons/ammo
e/w 10 yrs / 6 mths / fine
Incl when weapon is in parts or if trigger is missing
possession is strict liability - irrelevant if def knew possessed firearm/ammo
Can remain in possession even if someone else has custody of it.
Exemptions;
European
Special
incl slaughterers, Humane animal killing, shot pistol for vermin, Treatment of animals, races at athletic meets, trophies of war, historical interest, air weapons.
s1 Firearm
All except shotguns (unless sawn off) and air weapons (unless specially dangerous)
s1 ammo incl any ammo for firearm except;
- cartridges cont 5+ shot no bigger than 0.36 “ diameter
- ammo for air gun, rifle, pistol
- blank cartridges less than 1” diameter
Some weapons will remain as s1 firearm even if converted to a shotgun or air weapon.
s1 - Possess firearm/ammo w/out cert
e/w 5 yrs / 6 mths / fine
If firearm if saw-off shotgun = agg = 7 yrs
D/NOT apply to general imm firearm. It must be readily convertible into such a firearm.
Incl acquiring/hiring/gift/borrowing
s6(1) shortening barrel of smooth bore s1 firearm to < 24”
e/w 5 yrs / 6 mths / fine
Regd firearms dealers exempt if repairing firearm
Shotgun
smooth-bore gun (not air gun), not a revolver
barrel not less than 24” length, bore not exceeding 2”
No magazine, non-detachable magazine incapable of holding more than 2 cartridges
Sec State can provide exemption - bear mark.
s2(1) Possess shotgun w/out cert
e/w 5 yrs 6 mths / fine
cert auth by Chief Police
s2(2) failing to comply with conditions of shotgun cert
summary - 6 mths / fine
s4(1) shortening barrel shotgun (<24”)
e/w 7yrs / 6 mths / fine
KIV shortened shotgun will also be s1 firearm now!!
Specially dangerous air weapon:- KE > 6ft Lb - air pistol KE > 12ft lb - air rifle/gun or designed as another object D/NOT incl air weapon designed for underwater use
s32 Violent Crime Reduction Act 2003 - Sale of air weapons by way of trade or business to be Face to Face
summary - 6 mths / fine
Requires sales by reg firearms dealers and to be face to face
s21A Firearms Act 1968 - Firing air weapon beyond premises
Summary - fine
s24ZA Failing to prevent minors having air weapons
summary - fine
under 18’s
unless exemption applies or believed/and had reas ground for belief that o’18
Exemptions;
Police permit holders
Clubs, athletic, sporting purposes (u18 can borrow from o18, o’18 present, function or shotgun on private land)
Borrowed rifle on private premises if
17+
hunting animals/game/vermin/artificial targets
lender o’18 and holds cert
permission to shoot on land
Visitor permits
Antiques/ornaments/curiosities (Q fact for court)
Auth firearms dealers
s4(3) Converting Imitation firearm
e/w 5 yrs / 6 mths / fine
offence other than regd firearms dealer offence for anyone to convert something so it has appearance of firearm and can be fired.
Also KIV the ‘thing’ is also now a ‘firearm’ - offences re this
s4A Possession of articles for use in conversions
e/w 5 yrs / 6 mths / fine
offence other than regd firearms dealer;
possession, under control, article capable of converting imitation firearm into firearm
AND
person intends article to be used in this way
KIV need possession AND intent to commit offence
Violent Crime reduction act 2006
s36 - manufacture, import, modify, sell realistic firearms
s39 - “ - imitation firearm that does not conform to regs made by Secretary State
s40 sell imitation firearms to < 18yrs and ,<18yrs t o buy
realistic firearm is imitation but indistinguishable from real firearm but not deactivated or an antique.
s16 Firearms Act 1968 - Poss w/intent to Endanger Life
Ind - life / fine
firearm OR ammo to enable self/other
NOT imitation firearm
Intent can be conditional
Must endanger life of another (not Def)
Firearm/ammo must be the MEANS to endanger life
Self defence can be used in except circs
s16A possession with intent to cause fear violence
Ind - 10yrs / fine
firearm or imitation firearm with intent self/another to cause any person that unlawful violence will be used against him or another person.
Firearm does not need to be produced but must be the means of the threat.
Still offence if IP believes it is an imitation firearm
s17(1) Using firearm to resist arrest
Ind - life / fine
in any way use firearm/imitation intent to prevent/resist LAWFUL arrest self/another
excl comportment parts
s18(1) Having firearm with intent to commit ind offence/Resist arrest
Ind - life / fine
Intentionally has with him firearm/imitation with intent to commit ind offence to resist/prevent arrest self/another.
Readily accessible to Def but does not have to be carrying firearm.
D/not need to show def intended to use firearm to commit ind offence
Arrest need NOT be lawful
s47 powers entry/search apply.
s17(2) poss firearm while committing/being arrested sch 1 offence
ind - life / fine
incl imitation firearm - offence unless has lawful possession item.
Still commit offence if arrested some time after the sch 1 offence AND at time arrest in unlawful poss firearm.
D/not need to convict def of offence nor prove offence committed.
sch 1 offences ACTOR (incl aid/abet/attempt)
Abduction
Criminal Damage
Theft, robbery, burglary, blackmail, TWOC
OAP (s20/47) Assault PC…NOT s18!!!!
Rape and other sex offences
s28(1) Violent Crime and Reduction Act 2006 - Using someone to mind a weapon
ind - 10 yrs / fine - Firearms
4 yrs / fine - offensive weapons
uses another to look after, transport, hide dangerous weapon so available to def for unlawful purpose.
NOT air weapons, component parts
s19 firearms act - Having imitation/firearm Public Place
e/w 7 yrs / fine
12 mths / fine if imitation
Summary 6 mths / fine if air weapon
other Firearm (loaded or not) WITH suitable ammo
Air weapon (loaded or not)
Imitation firearm
Loaded shotgun
FAIL!!!!
s20(1) Trespass with firearm in building
e/w (unless imitation/air weapon) 7 yrs/ 6mths / fine
summary imitation/air weapon
while has im/firearm enters OR is in (part of) building as a trespasser without reasonable excuse
offence can be committed as soon as occupier withdraws permission for def to be on premises.
s20 (2) Trespass with firearm on land (incl water)
summary - 3 mths / fine
has with him firearm/imitation enters OR is on land as a trespasser without reasonable excuse
s47 powers search/entry apply
s47 Firearms Act 1968- summary offence if fail
where constable where reason to SUSPECT
- has firearm (with or without ammo) in public place
- (about to) committing rel offence not in public place
require to hand over firearm or any ammo for exam
Relevant offence -
- s18(1)/(2) having firearm with intent to commit ind offence/resist arrest
- s20 trespassing with firearm
PC may detain/search person and also enter ANY place if reas cause to suspect
- firearm in vehicle in public place OR
- vehicle (about) used in connection with commission relevant offence as above
Can require driver to stop
s48 Power to demand documentation - summary offence if fail
constable may demand where BELIEVES in possession firearm/ammo to which s1 of the Act applies or of a shotgun, the production of firearms/shotgun cert.
Can demand name and address
s21 Firearms Act 1968 Person sentenced to: - Life or - preventative detention, imprisonment, corrective training, youth custody, or YOI for THREE + YRS = LIFE TIME BAN FIREARM/AMMO
3MTHS - 3 YRS = 5YR BAN from day release (day after received suspended sentence for max 2 yrs)
Person on licence (ASBO) during time of licence = BAN
D/NOT apply to imitation firearms
s21(5) Sell, transfer firearm to person banned/prohibited
e/w 5 yrs / 6 mths / fine
incl repair and test.
Reasonable grounds for believing
s22-s24 - Age restrictions
under 18
- purchase/hire ammo/firearm
- have air weapon unless sup by 21yr old.
if u18yr old fire o/s premises boundary, both child and 21yr old commit offence
- 14yr old can have air weapon/ammo on PRIVATE premises with landowners consent
offence to
- sell/hire/gift ammo/air weapon u18yrs (unless previous applies)
- sell imitation to u18yrs (reas grounds to bel 18 is def)
Person under 15
- assembled shotgun with him unless sup 21yr old or shotgun securely coverd so cannot be fired
- offence to gift shotgun/ammo
Person under 14
- not have in possession s1 firearm/ammo
- gift/lend (exemptions of shooting clubs)
SUMMARY OFFENCE (1 mths / fine) to be in possession of ANY loaded firearm when drunk!!!
