Firearms Offences

Question 1

Tony wanted to show his friend Ollie his new air rifle so walks down High Street with the rifle unloaded and his ammunition left at home. Tony waits for Ollie to finish school and waits at the front gate for 30 minutes. According to the guidelines of Section 19 of the Act, has Tony committed an offence?

A) No, the weapon is unloaded and he is not in possession of the ammunition.
B) No, air rifles are not covered by Section 19 of the Act.
C) Yes, because the weapon is within 200 yards of a school.
D) Yes, because air weapons are not permitted in any public place.

Answer 1

D) Yes, because air weapons are not permitted in any public place.

Without lawful authority or reasonable excuse, air weapons are not allowed in public places whether or not they are loaded!

Question 2

Farmer Joe is a certified holder of a section 2 shotgun and was rambling across his land shooting vermin. He reached the border of his land and deliberately crossed into his neighbour’s land knowing his neighbour wouldn’t approve. However, he removed the ammunition from his shotgun and put it into his pocket.
Is Farmer Joe committing an offense under Section 20 (Trespassing)?

A) Yes, he was in possession of a firearm on someone else’s land without permission.
B) No, the shotgun was unloaded therefore there is no offense.
C) No, because he is certified in possessing a shotgun, he can not be guilty of a Section 20.

Answer 2

A) Yes, he was in possession of a firearm on someone else’s land without permission.

If anybody trespasses onto any land or building with a firearm (even imitation) without reasonable excuse, then they are breaking Section 20.

It is not necessary to prove that the firearm was loaded or even that the person was in possession of ammunition!

Question 3

You are walking on patrol when you see a group of men handling long packages, placing them into cars and acting evasively. You suspect that the packages may contain rifles because of recent firearms crimes in the area. With regards to the Firearms Act, which of the following statements is accurate?

1. The Act does not allow for any stop and search powers so you would enter a SID log.
2. The Act allows for stop and searches of people, but not of cars so you would have to approach the men while they have the packages on their persons.
3. The Act allows for stop and searches of people and vehicles so could detain the men for a search of the vehicles and them.
4. The Act does not allow for stop and searches so you could fabricate a suspicion of drugs possession in order to carry out a search.

Answer 3

3. The Act allows for stop and searches of people and vehicles so could detain the men for a search of the vehicles and them.

Section 47 of the Act allows us to stop and search any person or vehicle that we suspect is in possession of a firearm or ammunition in public.

Question 4

Under Section 47 of the Act, Constables may stop and search a person and detain them if there is a reasonable belief they are in possession of a firearm or ammunition in public. With regards to entering buildings, which of the following statements are true?

1. A constable may enter any place without warrant to carry out Section 47 powers.
2. A constable must always obtain a warrant to enter any premises under this Act.
3. A constable must only obtain a warrant if forcible entry is required.
4. Search warrants for firearms offences allow officers to search premises AND persons therein.

A) 1 and 3
B) 2 and 4
C) 1, 3 and 4
D) 1 and 4

Answer 4

C) 1, 3 and 4

If no forcible entry is required then we can enter a premises using Section 47. If it requires a forcible entry, then we must obtain a warrant from a sheriff. Once inside, we can search the entire premises and anybody found inside.