Imitation Firearms Offences Flashcards
Q: What is the law on imitation firearms?
S4(3) 1968 Act
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.
Q: Who is exempt from this rule?
Registered deals who may need to carry out repairs or reconstructions are exempt.
Q: What other offences are you committing when you covert something into a firearm?
The moment you do the act of conversion, you are likely to now be committing the offence of unlawful possession.
Q: What type of offence is the conversion offence?
Triable either way offence.
Carries a maximum of 5 years.
Q: What offence does s4A 1968 introduce?
(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.
It is not enough to prove he had possession or control of the thing. You need to prove the necessary intent.
The wording of the Act itself suggests that he must intend to the converting himself, not just that he has possession so someone else can engage in conversion.
Q: What type of offence is s4A?
Triable either way offence.
Carries a maximum of 5 years.
Q: What 3 offences were introduced by the Violent Crime Reduction Act 2006?
The Violent Crime Reduction Act 2006- contains 3 summary offences relating to the misuse of imitation firearms.
S36- makes it an offence to manufacture, import, modify or sell realistic imitation firearms.
S39- makes it an offence to manufacture, modify or import an imitation firearm that does not conform to specifications set out in regulations made by the secretary of state.
S40- makes it an offence to sell an imitation firearm to a person under 18.
Q: What is meant by a ‘realistic imitation firearm’ under s36?
Realistic imitation firearms are defined as imitation firearms which have an appearance that is so realistic as to make it indistinguishable for all practical purposes from a real firearm and is neither a deactivated firearm nor itself an antique.
An imitation firearm will be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.
