Firearms- Police Powers Flashcards
Q: What additional powers do police have in terms of firearms?
S47 1968 Act- powers of constables to stop and search
(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.
Q: What is ‘an offence relevant for the purposes of this section’?
It is either trespassing on land or in buildings with a firearm or imitation firearm under s20 or having a firearm with intent to commit an indictable offence or resist arrest under s18.
Q: What type of offence is failing to hand over the weapon?
It is a summary offence.
S47(2) It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable under subsection (1) of this section.
Q: What may a constable do in order to exercise this power?
S47(3)- constable may search that person and may detain him for the purpose of doing so.
Q: Where can a constable enter to search?
S47(5) For the purpose of exercising the powers conferred by this section a constable may enter any place.
Q: What if a constable suspects someone has a firearm in their vehicle?
S47(4) 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 in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.
Q: What does s48 add in terms of producing a firearms certificate?
S48(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.
Q: Does this belief have to be reasonable?
No!
Q: What happens if someone fails to produce the certificate?
The requirement is to produce the certificate and allow the officer to examine it. Just flashing a piece of paper at the officer from a distance is a failure to produce.
Failure to produce for examination justifies the officer in seizing the weapon or ammunition and allows him to demand the persons name and address. failure to provide these details or giving a false name or address is a summary offence.
