Firearms Licensing & Legislation Flashcards
Firearms Definition - Firearms Act, 1968
A lethal barrelled weapon of any description from which any:
-Shot
-Bullet
-Or other missile
Can be discharged AND INCLUDES prohibited weapons, Component parts and accessories designed to diminish noise or flash.
What are component part?
-The firing pin
-The trigger mechanism
-The barrel
All needed to fire the gun
Imitation Firearm - S.57(4) Firearms Act 1968
Anything which has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet or other missile.
Realistic Imitation Firearm - S.38 Violent Crime Reduction Act 2006
An imitation firearm which
(a) Has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
(b) Is neither a de-activated firearm nor itself an antique
Do Air Weapons require a certificate?
No - but cannot exceed 12 ft lbs in muzzle energy or use other gasses such as CO2.
S.1 Firearm Act
Any Firearm EXCEPT:
-A shotgun that as a barrel of more than 24 inches and has a barrel less than 2 inches in diameter
Either no magazine or a non-detachable magazine with two or less cartridges.
ALSO
-Not a revolver
-Not a air weapon
Firearm Certificate - S.1 Firearms Act 1968
It is an offence to possess/purchase/acquire a S.1 firearm without a certificate.
The certificate includes the serial number and description of every firearm and the amount of ammunition held.
Includes every transaction.
Firearm & Shotgun Certificate - Renewal
Every 5 years
Shotguns - S.2 Firearms Act
Smooth bore (not to enhance projectile) gun, barrel length not less than 24”, Bore less than 2” diameter.
Incapable of holding more than 2 cartridges.
Shotgun Certificate - S.2 Firearms Act 1968
Offence to possess/purchase/acquire S.2 shotgun without a certificate.
All shotguns will be listed on certificate.
Do not need a license to possess shotgun ammunition.
Applying for Firearms/Shotgun License.
-Apply to local police service
-Firearms Licensing unit will visit person’s home and conduct checks for previous offences.
-Medical records provided and doctor signs to say you are fit.
-Chief officer of police in the area grants certificate.
Exemptions for Firearms offences - S.27 Firearms Act 1968
A person may have a shotgun without a shotgun certificate if:
-Borrowing a shotgun from a person on their land and in their presence
Prohibited Weapons - S.5 Firearms Act 1968
-Fully automatic/Burst fire weapons
-Semi-Automatic/pump action rifles
-Cartridge ammunition handguns
-Disguised firearms
-Rockets and mortars
-Any weapon made or adapted for the discharge of noxious liquid, gas or other thing
Prohibited Weapons Length (S.5 Firearms Act 1968)
Any firearm which has a barrel less than 30cm/s in length or an overall length of less than 60 cm
Exemptions for muzzle-loading handguns, air weapons, signalling devices, starter pistols and humane killers.
S.5 Length significance in Firearms Act 1968
“smaller than 30 cm” for example shows it can be concealed. Therefore you cannot have it under any circumstances.
Possession of A Firearm with Intent to Injure - S.16 Firearms Act 1968
It is an offence for a person to have in their possession any firearm or ammunition with intent to endanger life or cause serious injury to property or to enable another person to endanger life or cause injury, whether any injury was caused or not.
Possession of A Firearm with Intent to Injure - S.16 Firearms Act 1968 Sentencing
Indictable offence - life imprisonment and/or fine
Possession of Firearm with Intent to cause Fear or Violence - S.16A Firearms Act 1968
It is an offence for a person to have in their possession any firearm or imitation firearm with intent to cause or enable another to cause believe unlawful violence will be used. Conditional threats also count.
Possession of Firearm with Intent to cause Fear or Violence - S.16A Firearms Act 1968 Sentencing
Indictable Only - 10 Years
The Criminal Use of Firearms - S.17(1) Firearms Act 1968
It is an offence for a person to make or attempt to make any use of a firearm or imitation firearm with intent to resist/prevent the lawful arrest or detention of himself or another person
The Criminal Use of Firearms - S.17(2) Firearms Act 1968 DART
It is an offence to use a (imitation) firearm for
Damage - Criminal Damage
Assaults - ABH, GBH etc
Rape
Theft, Burglary, Blackmail
Having Firearm or Imitation Firearm with Intent to Commit an Indictable Offence - S.18 Firearms Act 1968
It is an offence for a person to have a (imitation) firearm to commit an indictable offence or resist the arrest of himself/another whilst possessing a (imitation) firearm.
Having Firearm or Imitation Firearm with Intent to Commit an Indictable Offence - S.18 Firearms Act 1968 Sentencing
Indictable Offence - Maximum Life Imprisonment and/or fine.
Possess Firearm in a Public Place - S.19 Firearms Act 1968
A person commits an offence if without lawful authority/reasonable excuse have with them in a public place…
F - Firearm together with ammo for it
A - Air weapon
I - Imitation firearm
L - Loaded shotgun
Possess Firearm in a Public Place - S.19 Firearms Act 1968 Sentencing
Either-way offence
Summary - max 6 month imprisonment and/or fine
Indictable - max 7 years imprisonment and/or fine
AIR WEAPONS ONLY
Summary Only
Trespassing with a Firearm on Land or in a Building - S.20 Firearms Act 1968
Trespass in a Building or Land with a Firearm.
Basically, enters any building/land as a trespass without reasonable excuse with a (imitation) firearm.
Not necessary for weapons to be loaded/have ammunition.
Stop/Search - S.47 Firearms Act
Where a Constable has reasonable cause to suspect a person:
a) of having a firearm (with or without ammo) in a public place or
b) To be committing or about to commit, elsewhere than a public place, an offence under S.18 & S.20 of the Firearms Act, The Constable may
-Detain and search that person
-Stop and search any vehicle
-Require the person to hand over any firearm/ammo for examination (offence to fail to comply)
Production of Certificates - S.48 Firearms Act 1968
A constable may demand a firearm/shotgun certificate from any person he believes to be:
-In possession of a firearm or ammunition
-In possession of a shotgun
Constable may seize firearms, ammunition or shotgun if a certificate is not produced for examination. It is an offence to fail to give your name/address or comply with the demand
Production of Certificates - S.48 Firearms Act 1968 Sentencing
Summary Only - Fine
Control room & Firearm Certificates
Control room are aware of all certificate holders through PNC/System checks.
No weapon should ever be left in possession of any person where there is an element of risk. You will need ARV (Armed Response Vehicle) assistance
If you find a firearm/firearm is involved with offence?
DO NOT TOUCH and liaise with CSI/SOCO to view item at location.
ARV will make weapon safe.
