Firearms and Gun Crime

Question 1

In this act ‘firearm’ means…

Answer 1

s57 Firearms Act 1968

A lethal barrelled weapon of any description which any shot, bullet or other missile can be discharged, and includes–

(a) Any prohibited weapon, whether it is such a lethal weapon as aforesaid or not,
(b) Any component part of such a lethal or prohibited weapon.
(c) An accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon.

Question 2

What is a lethal barrelled weapon?

Answer 2

s57 (1B) Firearms Act 1968

A barrelled weapon of any description from which a shot, bullet or other missile, with a kinetic energy of more than one joule at the muzzle of the weapon can be discharged.

Question 3

Is an ‘airsoft gun’ regarded as a firearm for the purposes of this Act?

Answer 3

s57A Firearms Act 1968

No- does not exceed enough kinetic energy.

Question 4

Is it possible to deactivate a firearm so that it is incapable of firing any missile?

What needs to be shown that it has been deactivated?

Answer 4

s8 Firearms (Amendment) Act 1988

Yes it is possible, and two things need to be shown.

1. The Mark: Bears a mark which has been approved by the Secretary of State that a person approved has deactivated it.
2. The deactivation is certified in writing that it is incapable of discharging any bullet or missile.

Question 5

What are the two types of imitation firearms?

Answer 5

s57: General imitations – those which have the appearance of firearms. Can’t just hold your fingers under your coat.
s1: Imitations of s1 Firearms: have their appearance and can be readily converted into such a real firearm.

Question 6

What is a ‘prohibited weapon’?

Answer 6

s5 Firearms Act 1968

Covers the more powerful or potentially destructive firearms and their ammunition.

• Automatic Weapons (including self-loading or pump action weapons).
• Barrel less than 30cm or is less than 60cm overall (other than an air weapon or muzzle loading gun).
• Something that fires noxious liquid or gas.
• Air weapons with a self contained gas system.
• Any firearm which carries 2 or more missiles that can be discharged without continually pressing the trigger (machine guns).
• Rocket launchers
• Firearms disguised as another object.
• Cartridge designed to explode on impact.
• Most smooth bore revolvers

Question 7

What are adapted weapons?

Answer 7

Adapted weapons are innocent items that have been deliberately altered in some way to turn them into weapons.

A screwdriver with a deliberately sharpened point or a baseball bat hammered in with nails to make a spiky club are both examples of adapted weapons.

Question 8

What are intended weapons?

Answer 8

Any item in the suspects possession, with which he/she INTENDS to cause injury

e.g. if someone becomes involved in an altercation on the street and they take their belt off to use as a weapon, the belt becomes an intended weapon.

Possession alone will not be an offence; must demonstrate suspect intended to use it to cause injury. As such, the burden of proof lies with proving that they carried it intending to use it to cause injury. This proof can come from questioning the suspect.

Question 9

Possessing or Purchasing Prohibited Weapons or Ammunition

Answer 9

s5 Firearms Act 1968

A person commits an offence if, without authority, he has in his possession, or purchases or acquires a prohibited weapon or ammunition (even if its in parts).

Telescopic or

Penalty:

• Indictment – 10 years and/ or fine.
• Summarily – 6 months

Question 10

What are the defences in respect to possessing or purchasing prohibited weapons or ammunition?

Answer 10

European exemptions – people who have relevant certificates from another country in Europe (e.g collectors and dealers, hunters).

Special exemptions – slaughterers, humane killing of animals, pistols for vermin, tranquillisers for animals, races, trophies of war, historic interest

Question 11

Possession of Firearms by Adults

The Firearms Act 1968 creates offences of:

Answer 11

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 12

What is section 1 ammunition?

Answer 12

Cartridges including 5+ shots, none of which are bigger than 0.36 inches.

Ammunition for an airgun, air rifle or air pistol.

Blank cartridges not more than one inch in diameter.

Question 13

Possessing etc. Firearm or Ammunition without Certificate

Answer 13

s1 Firearms Act 1968

It is an offence for a person:

• To have in his possession, purchase, acquire a firearm (s1).
• Without a certificate (in force).
• Or in breach of the certificate (larger quantity than allowed/ different category of weapon).

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months

Question 14

Shortening a Shotgun Barrel

Answer 14

s6 Firearms Act 1988

(1) It is an offence to shorten to a length less than 24 inches the barrel of any smooth-bore gun to which section 1 of the principal Act applies other than one which has a barrel with a bore exceeding 2 inches in diameter.
(2) It is not an offence under this section for a registered firearms dealer to shorten the barrel of a gun for the sole purpose of replacing a defective part of the barrel so as to produce a barrel not less than 24 inches in length.

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months

Question 15

Where is shotgun defined?

Answer 15

s1(3)(a) Firearms Act 1968

(i) Has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;
(ii) Either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and
(iii) Is not a revolver gun; and”.

Question 16

Possessing shotgun without Certificate

Answer 16

s2 Firearms Act 1968

(1) Subject to any exemption under this Act
(a) Possesses
(b) Purchases or Acquires a shotgun

…without holding a certificate under this Act authorising him to possess shot guns.

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months

Question 17

A shotgun certificate is granted by a chief police officer under s26B of the 1968 Act and will have certain conditions attached to.

Any person who fails to comply with these conditions commits the offence of…

Answer 17

s2 Firearms Act 1968

(2) It is an offence for a person to fail to comply with a condition subject to which a shot gun certificate is held by him.

Penalty:
- Summarily – 6 months

Question 18

Shortening Barrel of Shotgun to Less than 24 inches

Answer 18

s4 Firearms Act 1968

It is can offence to shorten the barrel of a shotgun to less than 24 inches.

Penalty:

• Indictment – 7 years and/ or fine.
• Summarily – 6 months and/ or fine.

Question 19

1. When are air weapons prohibited?

2. What are ‘specially dangerous’ air weapons?

Answer 19

1. If they are adapted or created for use with a self contained gas cartridge system then they are prohibited.
2. Dangerous air weapons are those that have ‘kinetic energy in excess of 6ft to the lb (air pistol) and 12ft to the lb (other than an air pistol.

Question 20

Sales of Air Weapons by Way of Trade or Business to be Face to Face (who is not registered as a Firearms Dealer)

Answer 20

s32 Violent Crime Reduction Act 2006

A person is guilty of an offence if, for the purposes of the sale, he transfers possession of the air weapon to the buyer otherwise than at a time when both—

(a) The buyer, and
(b) Either the seller or a representative of his, are present in person.

Penalty:
- Summarily – 6 months and/ or fine.

Question 21

Firing an Air Weapon Beyond Premises

Answer 21

s21A Firearms Act 1968

(1) A person commits an offence if—
(a) He has with him an air weapon on any premises; and
(b) He uses it for firing a missile beyond those premises.

Penalty:
- Summarily – Fine

Defence:
- Where the person shooting has the consent of the occupier of the land over or into which he/she shoots.

Question 22

Failing to Prevent Minors from Having Air Weapons

Answer 22

s24ZA Firearms Act 1968

(1) It is an offence for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him.

(2) Doesn’t apply where they have a certificate.
or

(3) Defences where person…
(a) Believed the other person to be aged eighteen or over; and
(b) Had reasonable ground for that belief.

Penalty:
- Summarily – Fine

Question 23

What are the special exemptions to the offences involving firearms?

Answer 23

s5(1) Firearms Act 1968

1. Slaughterers.
2. Humane killing of animals.
3. Vermin control.
4. Tranquillising animals.
5. Starter pistol.
6. Trophies of war/ Historic firearms of interest.

Question 24

Converting Imitation Firearm

Answer 24

s4(3) Firearms Act 1968

It is an offence for a person other than a registered firearms dealer to convert into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through its barrel.

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months and/ or fine.

Question 25

Possession of Articles for Use in Connection with Conversion

Answer 25

s4A Firearms Act 1968

(1) A person, other than a registered firearms dealer, commits an offence if—

(a) The person has in his or her possession or under his or her control an article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm, and
(b) The person intends to use the article (whether by itself or with other articles) to convert an imitation firearm into a firearm (both show mental intent).

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months and/ or fine.

Question 26

Sections 36, 39 and 40 of the Violent Crime Reduction Act 2006 created three specific summary offences to deal with the misuse of imitation firearms

Answer 26

s36: Offence to manufacture, import, modify or sell realistic imitation firearms.
s39: Offence to manufacture, import or modify an imitation firearm which does not conform to specifications set out in regulations made by the Secretary of State.
s40: Offence to sell an imitation firearm to a person under 18.

Question 27

Possession with intent to endanger life

Answer 27

s16 Firearms Act 1968

It is an offence for a person to have in his possession any firearm or ammunition (not imitation) with INTENT by means thereof to endanger life, or to enable another person by means thereof to endanger life, whether any injury has been caused or not.

Penalty:
- Indictment – Life and/ or fine.

Question 28

Possession with intent to cause fear of violence

Answer 28

s16A Firearms Act 1968

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a) By means thereof to cause, or
(b) To enable another person by means thereof to cause,

…any person to believe that unlawful violence will be used against him or another person (gun must provide means of threat).

Penalty:
- Indictment – 10 years and/ or fine.

Question 29

Using firearm to resist arrest

Answer 29

s17 Firearms Act 1968

(1) 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 himself or another person.

Penalty:
- Indictment – Life and/ or fine.

Question 30

Carrying firearm with intent to commit an indictable offence or resist arrest

Answer 30

s18 Firearms Act 1968

It is an offence for a person to have with him (readily accessible there and then) a firearm or imitation firearm

with INTENT to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.

Penalty:
- Indictment – Life and/ or fine.

Question 31

Possessing Firearm while committing or being arrested for sch.1 offence (ACTOR)

Answer 31

s17 Firearms Act 1968

(2) 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 imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

Penalty:
- Indictment – Life and/ or fine.

Question 32

What are the main offences in sch 1 of the Firearms Act 1968?

Answer 32

A C T O R

Abduction offences

Criminal Damage

Theft offences

Offences against the person (not GBH)

Rape and other sexual offences

Question 33

Using someone to mind a weapon

Answer 33

s28 Violent Crime Reduction Act 2006

(1) A person is guilty of an offence if—
(a) He uses another to look after, hide or transport a dangerous weapon for him; and
(b) He does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon’s being available to him for an unlawful purpose.

(2) For the purposes of this section the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where—
(a) The weapon is available for him to take possession of it at a time and place; and
(b) His possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence.

Penalty:
- Indictment (10 years firearms, 4 years offensive weapons).

Question 34

Having Firearm or Imitation Firearm in Public Place

Answer 34

s19 Firearms Act 1968

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place –

(a) A loaded shot gun,
(b) An air weapon (whether loaded or not),
(c) Any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or
(d) An imitation firearm

Penalty:

• Indictment – 7 years (real)*, 12 months (imitation)
• Summarily – 6 months (air weapon)

*if shotgun must be loaded.

Question 35

Trespassing with firearm in building

Answer 35

s20 Firearms Act 1968

(1) A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).

Penalty:

• Indictment – 7 years and/ or fine.
• Summarily – 6 months and/ or fine.

Question 36

Trespassing with firearm on land

Answer 36

s20 Firearms Act 1968

(2) A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).

Penalty:
- Summarily – 3 months and/ or fine.

Question 37

Police Powers to hand over firearm/ ammunition

Answer 37

s47 Firearms Act 1968

(1) A constable may require any person whom he has reasonable cause to suspect—

(a) Of having a firearm, with or without ammunition, with him in a public place; or
(b) To be committing or about to commit, elsewhere than 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.

… if reasonable cause to suspect a person of having a firearm with him in a public place…can search person, vehicle etc.

Question 38

Police Powers to demand documentation

Answer 38

s48 Firearms Act 1968

(1) A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate.

No requirement for belief to be reasonable

(2) Failing to do so initiates the power of seizure.

Question 39

Possession of firearms by persons previously convicted of crime

Answer 39

s21 Firearms Act 1968

(1) Any person who has been sentenced to:
- Custody for life, or
- To preventative detention, imprisonment, corrective training, youth custody or detention in a young offender institution for three years or more.

Must not AT ANY TIME, have a firearm/ ammunition in their possession.

(2) Anyone sentence between 3 months and 3 years receives a 5 year firearm possession ban.
- Date of release is the day they are released from prison/ youth custody (it will still be the day of release even if the sentence is only partially served).

Question 40

Supplying firearm to person prohibited by Section 21

Answer 40

s21 Firearms Act 1968

(5) It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession.

Penalty:

• Indictment – 5 years and/ or fine.
• Summarily – 6 months and/ or fine.

Question 41

Acquisition and possession of firearms by minors.

Answer 41

s22 Firearms Act 1968

(1) It is an offence for a person under the age of eighteen to purchase or hire any firearm or ammunition.
(2) It is an offence for a person under the age of 14 to have in his possession any firearm or ammunition to which section 1 of this Act applies.
(3) It is an offence for a person under the age of 15 to have with him an assembled shot gun except while under the supervision of a person of or over the age of twenty-one, or while the shot gun is so covered with a securely fastened gun cover that it cannot be fired.
(4) It is an offence for a person under the age of 18 to have with him an air weapon or ammunition for an air weapon (unless supervised by 21+ or member of rifle club).

Question 42

Supplying firearms to minors.

Answer 42

s24 Firearms Act 1968

Question 43

Restrictions on Transfer of Firearms

A person ‘transferring’ (that is, selling, letting on hire, lending or giving) a section 1 firearm/ ammunition to another must:

Answer 43

`The Firearms (Amendment) Act 1997

• Produce a certificate or permit entitling them to do it (32(2)(a)).
• Comply with all conditions of that certificate/ permit (32(2)(b)).
• Must personally hand over the firearm. ammunition (32(2)(c)).

Question 44

Trade transactions by a person not registered as Firearms Dealer

Answer 44

s3(1) Firearms Act 1968

(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;
(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,
(c) Sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,

…without being registered under this Act as a firearms dealer.

Penalty:
- Summarily – 6 months and/ or fine.

Question 45

Question: PC Harris has been watching a lot of action movies. He says to you, “Boss, is an exploding bullet a prohibited weapon? What about a rocket? Or a machine gun? Or a smooth bore revolver?

What do you tell him?

Answer 45

All described are prohibited weapons.

Question 46

Question: Steve has been tied to a wall because of a drug debt. Leroy walks in holding a loaded shotgun. He places the shotgun by his side and takes out several knives. He asks Steve where his drugs are and Steve begs for mercy. Leroy throws the knives at Steve’s head unbelievably missing with each one.

Considering the offence of possession with intent to endanger life (s 16), has the offence been made out?

Answer 46

The offence has not been made out as Leroy is not using the gun to endanger Steve’s life.

For exam purposes remember that the offence cannot be committed with an imitation firearm either. There is also no need for the gun or ammunition to be produced as long as the offender has the intention to endanger life.

Question 47

Question: DC Patel is about to arrest Gabriella for shoplifting. As he walks up to her, she removes an imitation firearm from her bag and starts hitting him with it to stop him detainer her. It doesn’t work and she gets arrested.

Considering the offence of using a firearm to resist arrest (s17) has Gabriela committed the offence?

Answer 47

• Yes, she has.

- She has struck him with the imitation firearm (no need for it to be used in any other way).

Question 48

Question: Mary commits a knifepoint robbery in the local bookmakers. She is apprehended by Police 5 minutes later and on arrest she is found to have a firearm in her waistband. She did not use or show the firearm during the robbery.

Does Mary commit the offence of Possessing a Firearm whilst Committing a Schedule 1 offence?

Answer 48

• Yes, she does.
• The offence may also be committed by being in possession of the firearm when being arrested.
• She has no lawful reason to have the fun therefore commits the offence.

Question 49

Question: Gunter is aware that the Police are looking for him. In case of arrest he gives his sawn off shotgun to his eleven year old nephew Dieter, who in turn hides it in his toy box.

Has Gunter committed an offence of using someone to mind a weapon?

Answer 49

• Yes, he has.
• He has used Dieter to mind the weapon for him.
• This offence was brought in to specifically target those people that used children to hide weapons.

Question 50

Question: James is being arrested by the police. He is fighting and struggling with them. He is eventually subdued and on searching him a handgun is location in his jacket pocked.

Has James committed the offence using a firearm to resist arrest?

Answer 50

• No, he does not commit the offence of using a firearm to resist arrest. He does commit other offences but the question is specific.
• The offence requires evidence that the defendant made some actual use of the firearm.

Question 51

Question: Sven owes Harry £100 for a drug debt. Harry walks in and lifts his shirt showing Sven the butt of a revolver. Sven is terrified believing he will be shot. Harry wants Sven to believe this.

What offence has Sven committed?

Answer 51

• Harry has committed possession with intent to cause fear of violence.
• Sven believes he will be shot.

Question 52

Question: Susan has a revolver. She has an argument with her husband Ralph and holds the gun to her own head. She pulls the trigger but nothing happens and Susan discards the gun.

Has Susan committed an offence of possession with intent to endanger life?

Answer 52

• No, she has not.
• The life endangered must be the life of another, not the defendants (R v Norton).
• Possession with intent to commit suicide is not covered by this offence.

Question 53

What offences can be committed with an imitation firearm?

Answer 53

• Possession with intent to cause fear of violence (16A).
• Using firearm to resist arrest (s17)
• Carrying firearm with intent to commit an indictable offence or resist arrest (s18)
• Tresspassing with firearms (s20)

Question 54

What offences cannot be committed with an imitation firearm?

Answer 54

• Possession with intent to endanger life (s16).

Question 55

Question: In many movies and TV series we have seen characters make ‘finger firearms’ pretending to have a gun.

Can an imitation firearm be made by using your fingers concealed under clothing?

Answer 55

• No (R v Bentham)
• Case law denotes that you must be holding a ‘thing’ that is separate from the body and must have a general appearance of a firearm.

Question 56

Question: Steven is an inventor. He takes a toy gun and changes the mechanism so it can fire stones. Steven uses it to shoot at targets.

Has Steven committed the offence of Converting an Imitation Firearm?

Answer 56

• Yes, he has.

- Steven is not a registered firearms dealer and the toy gun can now discharge a missile.

Question 57

Question: Tony is shooting cans in the field behind his house. This field is owned by Farmer Jenny who gives permission for Tony to shoot cans. A dog walker half a mile away sees Tony shooting the cans and is disgusted. She calls the police.

Does Tony commit an offence of Firing an Air Weapon Beyond Premises?

Answer 57

• No, he will not be charged.
• The defence to this is that Farmer Jenny has given her permission.
• This offence can be committed by an offender of any age.

Question 58

Question: Smith is a registered firearms dealer. He is given a damaged shotgun by one of his clients. He realises that the barrel is defective. He decides to replace it and in doing so shortens the barrel to 12 inches before adding a new barrel of a length of 24 inches. All of this work is undertaken in Smith’s workshop and the shotgun does not leave.

Has Smith committed an offence of shortening the barrel?

Answer 58

• No, he has not.
• Registered firearm dealers are understandably excluded provided the shortening is done for the sole purpose of replacing a defective part of the barrel and in doing so make a new barrel that is at least 24 inches long.

Question 59

Question: Patrick buys a gun from his neighbour Teddy. The barrel is 25 inches long, it does not exceed 2 inches in diameter and has a fixed magazine that can hold 3 cartridges.

Does this qualify as a shotgun under the definition?

Answer 59

• No, it is a section 1 firearm.

- You cannot have a fixed magazine that can hold 3 cartridges, 2 is the maximum.

Question 60

Question: Scott (a shotgun license holder) inherits a shotgun from his father. This shotgun has a barrel length of 27 inches which Scott feels is too long. He pays for the barrel to be shortened by 3 inches. He also has a non-detachable magazine added that hold two cartridges.

Has Scott committed any offences?

Answer 60

• No, he has not.

- He holds a shotgun certificate and the modifications he has made fall within the allowed barrel length.

Question 61

Question: Tony takes out with him an electric stun gun. He got it off his brother who is a slaughterer. However, the stun gun does not work. Tony is stopped by the Police and a search locates the stun gun. He presses the button and nothing happens, demonstrating to the Police it is not working. They let him go.

Considering the offence of possessing a prohibited weapon have the police acted correctly?

Answer 61

• No, they have not.

- A stun gun is classified as a prohibited weapon even it is not working (Brown v DPP).

Question 62

Question: Sally was sentenced in 2017 for Theft of Moped. She received a custodial sentence of 6 months and was released 1st of Feb 2018. She wishes to possess a shotgun to go clay pigeon shooting with her father but is unsure how long the ban is for her to possess a firearm.

On what date can Sally lawfully possess a shotgun (if she was successful in application for a certificate)?

Answer 62

• 1st February 2023
• Anyone sentence between 3 months and 3 years receives a 5 year firearm possession ban.
• Date of release is the day they are released from prison/ youth custody (it will still be the day of release even if the sentence is only partially served).

Question 63

Age Restrictions of Possession

Under 18:

Under 15:

Under 14:

Answer 63

Under 18:

• Must not purchase or hire any firearm or ammunition.
• Must not have with him an air weapon (unless in the supervision of someone over 21).
• Cannot sell an imitation firearm to a person under 18.

Under 15:
- Must have with him an assembled shotgun unless supervised by a person over 21 or while the shotgun is securely covered and cannot be fired.

Under 14:

• Must not have in his possession a section 1 firearm or ammunition.
• Must not part with any firearm of ammunition.
• Must not gift or lend any firearm of ammunition.

Question 64

Is a water pistol with acid in it a Section 5 Firearm?

Answer 64

Is that object in its own right innocent? It’s not designed to shoot acid so it is innocent.

This means its not a Section 5.

If you change the essence of it (e.g change it so it can fire bullets, then yes it is).

Question 65

When are you said to be in possession of a firearm?

Answer 65

When you have CUSTODY or CONTROL.

e.g if a friend had a garage with a firearm in it and you had a key, you have control. The friend would have custody.

Question 66

What is the firearm offence where you have to use a real firearm (no imitations)?

Answer 66

s16 Possession with intent to endanger life.

Question 67

What firearm offences can be completed where you have an imitation firearm?

Answer 67

s16A Possession with intent to cause fear of violence

s17(2) Possessing Firearm while committing or being arrested for sch.1 offence (ACTOR)

s18 Carrying firearm with intent to commit an indictable offence or resist arrest (must be readily accessible ~ 50 yards)

Question 68

Firearms and intent to resist arrest…

When can the arrest be unlawful?

Lawful?

Answer 68

s18 Carrying firearm with intent to commit an indictable offence or resist arrest (must be readily accessible ~ 50 yards)

s17(1) Using a firearm to resist arrest

Question 69

When are the gun banning time frames?

Answer 69

Less than 3 months = no ban

3 months - 3 years = 5 year ban

3 years + = Life ban