Lesson 1.2 - Firearms offences

Question 1

What does s19 of the act say in terms of carrying firearms in a public place?

Answer 1

Creates an offence for any person to have with them, in a public place, without lawful authority or reasonable excuse any of the following:-

• A loaded shotgun
• An air weapon (loaded or not)
• Any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
• An imitation firearm (whether capable or not of discharging a shot or bullet)

Question 2

Define imitation firearm in terms of section 19?

Answer 2

“anything which has the appearance of being a firearm (other than such a weapon as mentioned in section 5(1) (b) of this act) whether or not it is capable of discharging any shot, bullet or other missile”

Question 3

Define public place, in terms of section 19?

Answer 3

Includes any premises or place to which the public have access at the material time, whether payment or otherwise.

Question 4

Define reasonable excuse in terms of section 19?

Answer 4

Completely circumstantial.

Question 5

Define lawful authority in terms of section 19?

Answer 5

Applies almost exclusively to official police or military use. Mere possession of a certificate under the act does not constitute lawful authority.

Question 6

What does section 20 say with regard to Trespass?

Answer 6

creates and offence for any person:-

• In possession of a firearm or imitation firearm, to
• Trespass onto any land or buildings
• Without reasonable excuse

(this legislation is for any place other than a private place, to cover those instances where you encounter persons in possession of firearms on private land or in buildings.

1) For the purposes of this section land includes land covered by water i.e. rivers, lochs etc
2) It is not necessary to prove that the firearm was loaded or even that the person was in possession of ammunition.

Question 7

What are the stop and search powers in relation to s.47?

Answer 7

Section 47 of the act provides that:-

• If a constable has reasonable cause to suspect that a person is in possession of a firearm or ammunition in public; or
• They have committed or are about to commit a section 20 offence,

The constable may:-

1) Require the person to hand over the firearm, and any ammunition for examination.
2) Search the person and detain them for that purpose.
3) Stop and search any vehicle in similar circumstances

For the purpose of carrying out your section 47 powers, a constable may enter ANY PLACE.

Question 8

Expand on s46 firearms warrants.

Answer 8

Warrants are required where forcible entry is required, these should be obtained from a sheriff. This warrant is issued under section 46.

If a sheriff is satisfied by information on oath that there are reasonable grounds for suspecting:-

• That an offence relevant for the purposes of this section has been, is being, or is about to be committed, or
• That, in connection with a firearms or ammunition, there is a danger to the public safety or to the peace, he may grant a warrant.

Allows constables and civilian officers to enter by force is necessary, specified premises and search both the premises and persons found within.

Question 9

What is a section 17(1) offence?

Answer 9

It is an offence:-

• For any person to use, in anyway whatsoever, a firearms, or imitation firearm;
• With intent to resist, or prevent the arrest; of either himself or another.

Question 10

What is a section 17(2) offence?

Answer 10

It is an offence:-

• For any person to be in possession of a firearm or imitation firearm;
• Whilst committing or being arrested for a schedule 2 offence
• Unless they can show their possession was for a lawful object

Component parts and accessories are excluded from the definition of a firearm for the purpose of this section.

Question 11

What is a schedule 2 offence in terms of firearms?

Answer 11

Schedule 2 of the act lists those offences for which mere possession of a firearm at the time would constitute an additional offence. e.g. theft, robbery and assault

Question 12

what is a section 18 offence?

Answer 12

It is a separate offence for any person to be in possession of such a firearm or imitation firearm with intent to either commit a schedule 2 offence or resist arrest.

Question 13

What is a section 30 offence, in terms of Air weapons and Licensing (Scotland) Act 2015?

Answer 13

Creates an offence for a person:-

• To fail to take reasonable precautions for the safe custody of an air weapon possessed by the person, or
• To fail to report as soon as reasonably practicable to the chief constable, the loss or theft of an air weapon possessed by the person.

Question 14

Define reckless discharge?

Answer 14

“it is a crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused. The essence of this crime is the wanton disregard for the safety of others”

e.g. firing into an inhabited building, or recklessly discharging a firearm in a street.

Question 15

what is a section 21A offence?

Answer 15

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.

Defence if they had consent of the occupier of the land to make those shots.

Question 16

When can a person under 18 be in possession of a firearm? (with relevant firearms or shotgun certificate)?

Answer 16

if they have the relevant firearms or shotgun certificate:

1) As a slaughtering instrument
2) For a sporting purpose
3) Vermin control, or in conjunction with estate management or other wildlife control
4) Competition purposes including target shooting and clay pigeon shooting and
5) Target and clay pigeon shooting which is not part of a competition.

Question 17

Section 22(1) Firearms Act 1968

Answer 17

Makes an offence for any person under the age of 18 to purchase or hire any firearm or ammunition.

Question 18

Section 24 Firearms Act 1968 offences?

Answer 18

1) It is an offence for any person to sell or hire any firearm or ammunition to a person under the age of 18.
2) It is an offence to make a gift of, or lend any section 1 firearm or ammunition to a person under the age of 14.

Question 19

When can people under 18 be in possession of a firearm (no certificate)?

Answer 19

1) Acting as a gun bearer
2) A member of an approved rifle club
3) At a shooting gallery

Question 20

What are the laws in relation to under 18s and shotguns?

Section 2

Answer 20

A person under 18 can possess a shotgun if they have a shotgun certificate.
It is an offence for a person under the age of 18 years to purchase or hire a shotgun or ammunition.

If they are under 15 years old they may not be in possession of an assembled shotgun unless they are either:-

1) Supervised by a person aged 21 years or over who need not be a shotgun certificate holder, or
2) The shotgun is so covered with a securely fastened gun cover that cannot be fired.

The act makes it an offence for any person to gift a shotgun to a person aged under 15, so the only way such a young person can possess one is if it has been loaned to them.

Question 21

What does s24A say regarding under 18s buying imitation firearms?

Answer 21

Creates and offence for:

• A person under the age of 18 to purchase an imitation firearm,
• A person to sell an imitation firearm to a person under the age of 18

Defence if the seller can show that they believed the person to be over 18 and they had reasonable grounds for this belief.

Question 22

When can under 18s be in possession of an air weapon?

Answer 22

A parent of guardian of the applicant must provide consent on the application.
Where the chief constable grant an air weapon certificate to an individual under the age of 18 it will be only for one of the following reasons:-

• for sporting purposes on private land
• target shooting on private land
• participating in events or competitions
• at an approved air weapon club
• for protecting livestock, crops or produce on land used for or in connection to agriculture.
• for the purpose of pest control

the owner may not purchase, hire, be gifted or own an air weapon.