L1.2 Flashcards
What is the purpose of the lesson on firearms?
To look at offences created under the Firearms Act 1968 and Air Weapons and Licensing (Scotland) Act 2015
The lesson is designed to inform about the offences likely to be encountered and the powers granted to deal with them.
What are the two parts of the lesson focused on?
Adults and young people
The lesson is split into two distinct parts to address the different considerations for adults and young individuals.
Why do the public report sightings of firearms?
They do not want to see anyone carrying a firearm in a public place
Such reports can have serious implications, necessitating thorough information gathering.
What is one of the main roles of a police officer?
To protect life and property
The health and safety of the public and the officer themselves is paramount.
What offence is committed by a person carrying a firearm in a public place?
Carrying a firearm in a public place is an offence
This is one of the key offences discussed in the lesson.
What powers do police officers have under the Firearms Act 1968?
Stop and search powers
These powers allow officers to conduct searches related to firearms.
What sections of the Firearms Act 1968 outline criminal use of firearms?
Sections 17 and 18
These sections detail the criminal use of firearms.
What is the offence regarding air weapons?
Failing to keep secure or report the loss of an Air Weapon
This is an important legal requirement under the relevant legislation.
What is the common law crime related to firearms?
Reckless discharge
This involves discharging a firearm in a manner that poses danger to others.
What is the statutory offence regarding air weapons?
Firing an air weapon beyond premises
This offence addresses the misuse of air weapons in public areas.
What controls exist for young people regarding Section 1 certificated weapons?
Regulations concerning possession and use
Specific legal controls are in place for young individuals regarding these weapons.
What is a key aspect of controls for Section 2 certificated weapons for young people?
Regulations concerning possession and use
These weapons are subject to specific legal considerations for minors.
What type of firearms are regulated under imitation firearms for young people?
Imitation Firearms
Controls are in place to prevent misuse by minors.
What kind of weapons are included under air weapons controls for young people?
Air Weapons
These are regulated to ensure safety and compliance.
What does Section 19 of the Act prohibit?
Having certain firearms in a public place without lawful authority or reasonable excuse
The specific firearms include loaded shotguns, air weapons, any other firearms (loaded or unloaded with suitable ammunition), and imitation firearms.
Define ‘loaded’ in the context of firearms.
Includes occasions when ammunition can be fed into the breech from the magazine
This definition clarifies when a firearm is considered loaded.
What is meant by ‘imitation firearm’?
Anything that appears to be a firearm, regardless of its capability to discharge
Excludes specific weapons mentioned in Section 5(1)(b) of the Act.
What constitutes a ‘public place’?
Any premises or place to which the public has access at the material time
Access can be with or without payment.
What determines a ‘reasonable excuse’ for carrying a firearm?
Circumstances involved dictate whether a person has reasonable excuse
For example, carrying a shotgun on a country road while moving from one part of a shoot to another may be considered reasonable.
What is an example of ‘lawful authority’?
Official police or military use
Mere possession of a certificate under the Act does not constitute lawful authority.
What does Section 20 of the Act create an offence for?
Possession of a firearm or imitation firearm while trespassing onto land or buildings
The burden of proof for reasonable excuse lies with the person trespassing.
True or False: A properly wrapped rifle and ammunition purchased from a dealer is considered a reasonable excuse for carrying.
True
Common sense applies in determining reasonable excuse in such situations.
What offences are covered under Section 20?
Offences committed elsewhere than a public place involving possession of firearms on private land or in buildings
This includes situations where firearms are found on land covered by water, such as rivers and lochs.
Is it necessary to prove that a firearm was loaded for Section 20 offences?
No, it is not necessary to prove that the firearm was loaded or that the person was in possession of ammunition.
What case illustrates the relevance of trespassing with a firearm?
Herron v Flockhart, 1969 SLT (Sh Ct) 37
This case held that an accused charged with trespassing with a loaded air weapon was relevantly charged with trespassing with a firearm.
What are the Stop and Search Powers under the Act?
Powers relevant to Sections 19 and 20 for checking possession of firearms in public
This includes carrying a firearm in a public place and trespass in possession of firearms.
Under what conditions can a Constable exercise Section 47 powers?
If they have reasonable cause to suspect possession of a firearm or ammunition in public and that a Section 20 offence has been committed or is about to be committed.
What actions may a Constable take under Section 47?
- Require the person to hand over the firearm and ammunition for examination
- Search the person and detain them
- Stop and search any vehicle
What is the consequence of failing to hand over firearms or ammunition when required?
It is an offence for any person to fail to comply.
What is the purpose of Stop and Search Powers?
To enable police officers to check the type of weapon involved and whether it is loaded.
Can a Constable enter any place to carry out Section 47 powers?
Yes, a Constable may enter any place for this purpose.
What is required if other firearm offences are involved or forcible entry is needed?
Officers should obtain a warrant from a Sheriff.
Which Acts provide the basis for issuing a firearms warrant?
- Firearms Act 1968
- Firearms (Amendment) Act 1997
- Air Weapons and Licensing (Scotland) Act 2015
What can a Sheriff grant if there are reasonable grounds for suspecting an offence related to firearms?
A warrant
A Sheriff may grant a warrant if there are reasonable grounds for suspecting that a firearms offence has been, is being, or is about to be committed, or if there is a danger to public safety or peace in connection with a firearm or ammunition.
What do search warrants for firearms offences allow officers to do?
Enter specified premises and search both the premises and persons found therein
Officers may use force if necessary to execute the search warrants.
What is the offence outlined in Section 17(1) of the Firearms Act 1968?
Using a firearm or imitation firearm with intent to resist or prevent arrest
This applies to both the individual using the firearm and another person.
What does Section 17(2) of the Firearms Act 1968 state about possession of a firearm?
Possession of a firearm or imitation firearm while being arrested for a Schedule 2 offence is an offence unless lawful reasons are shown
Component parts and accessories are excluded from the definition of a firearm for this section.
What types of offences are listed in Schedule 2 of the Firearms Act?
Theft, Robbery, Assault
Mere possession of a firearm during these offences constitutes an additional offence.
What is prohibited under Section 18 of the Firearms Act 1968?
Possession of a firearm or imitation firearm with intent to commit a Schedule 2 offence or resist arrest
This applies in scenarios such as pre-planned operations leading to the arrest of individuals before committing a crime.
True or False: It is always legal to possess a firearm when being arrested for any offence.
False
Possession of a firearm during the arrest for a Schedule 2 offence is illegal unless lawful reasons for possession are provided.
Fill in the blank: Section 18 states it is an offence to be in possession of a firearm or imitation firearm with intent to _______.
[commit a Schedule 2 offence or resist arrest]
What is meant by an imitation firearm?
An imitation firearm means exactly that, and it is not necessary that it be easily convertible to an actual firearm.
What is generally sufficient to prove intent regarding possession of a firearm?
Possession is generally sufficient to prove that the person intended to have the firearm or imitation firearm with them, whilst intending to commit a Schedule 2 offence, or resist arrest.
What does Section 30 of the Air Weapons and Licensing (Scotland) Act 2015 create?
An offence for a person to fail to take reasonable precautions for the safe custody of an air weapon or to fail to report the loss or theft of an air weapon to the Chief Constable.
Define ‘Reckless Discharge’.
‘It is a crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused.’
What is an example of reckless discharge?
Firing into an inhabited building or recklessly discharging a firearm in a street.
What was the outcome of the case Gizzi and Another v. Tudhope?
The appellants were convicted of reckless discharge of firearms to the danger of the lieges.
What constitutes culpability in the case of reckless discharge?
Culpability goes beyond negligence and constitutes recklessness when a person fires in ignorance of what lies beyond a target area.
What offence does Section 21A of the Firearms Act, 1968 create?
An offence for a person to have with them an air weapon on any premises if they use it for firing a missile beyond those premises.
What is a valid defence under Section 21A of the Firearms Act, 1968?
It is a defence if the person can show that the only premises into or across which the missile was fired were premises the occupier had consented to.
Fill in the blank: Reckless discharge involves a wanton disregard for the _______.
[safety of others]
What opportunities exist for young people to use guns lawfully?
Young people can use guns lawfully if they have a shotgun certificate and are at approved rifle clubs.
What age group is covered under the legislation for firearm use?
Persons under 18 years.
List the purposes for which a young person with a firearm or shotgun certificate can lawfully use weapons.
- As a slaughtering instrument
- For sporting purposes
- Vermin control, or in conjunction with estate management or wildlife control
- Competition purposes including target shooting and clay pigeon shooting
- Target and clay pigeon shooting not part of a competition (practice etc.)
What is the offence created by Section 22 (1) of the Firearms Act 1968?
It is an offence for any person under the age of 18 to purchase or hire any firearm or ammunition.
What are the two offences created by Section 24 of the Firearms Act 1968 regarding young persons?
- Selling or hiring any firearm or ammunition to a person under the age of 18
- Making a gift of, or lending any Section 1 firearm or ammunition to a person under the age of 14 years.
Under what conditions may a person under 18 possess a Section 1 firearm?
- Acting as a gun bearer
- A member of an approved rifle club
- At a shooting gallery.
What is required for a person aged under 18 to possess a shotgun?
They must have been granted a shotgun certificate.
What is the offence regarding purchasing or hiring a shotgun for persons under 18?
It is an offence for a person under the age of 18 years to purchase or hire a shotgun or ammunition.
What conditions apply for a person under 15 regarding possession of an assembled shotgun?
- Supervised by a person aged 21 years or over
- The shotgun is covered with a securely fastened gun cover that it cannot be fired.
True or False: A person under 18 can possess a Section 1 firearm without any conditions.
False.
Fill in the blank: Section 1 of the Firearms Act 1968 creates an offence for any person under the age of 18 to _______.
purchase or hire any firearm or ammunition.
What is the legal age for a person to possess a shotgun?
Under 15 years can only possess if loaned
The Act prohibits gifting a shotgun to anyone aged under 15.
What offence is created by Section 24A of the Act regarding imitation firearms?
Purchasing or selling imitation firearms to persons under 18
This includes both the buyer and the seller.
What is a valid defence for selling an imitation firearm to a minor?
Seller believed the person to be over 18 with reasonable grounds
The seller must prove their belief was reasonable.
What is required for an applicant under 18 to obtain an air weapon certificate?
Consent from a parent or guardian
This is a prerequisite for the application process.
For what reasons can a Chief Constable grant an air weapon certificate to someone under 18?
- Sporting purposes on private land
- Target shooting on private land
- Participating in events or competitions
- At an approved air weapon club
- Protecting livestock, crops, or produce
- Pest control
These reasons outline the acceptable conditions for certification.
What restrictions apply to holders of an air weapon certificate under 18?
Cannot purchase, hire, be gifted, or own an air weapon
This ensures that young individuals do not possess air weapons.
True or False: A person under 18 can legally purchase an imitation firearm.
False
Section 24A explicitly prohibits this action.
