Possessing or Acquiring a firearm or ammunition without certificate Flashcards
Q: What is the law on possessing or acquiring firearms/ammunition without certificate?
S1 Firearms Act 1968
Subject to any exemption under this Act, it is an offence for a person—
(a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate.
Q: What type of offence is it?
Triable either way offence.
Carries maximum sentence of 5 years imprisonment when tried on indictment.
If the firearm involved is a sawn off shot gun, the offence becomes aggravated under s4 and carries a maximum penalty of 7 years.
Q: What type of firearms and ammunition does the offence apply to?
S1 firearms and ammunition.
In relation to imitation firearms, the general definition doesn’t apply here. It instead applies to things which have the appearance of s1 firearms and can be readily converted into a s1 firearm.
Q: What is meant by ‘certificate’?
It is a certificate which is issued by the Chief Officer of police under s26A.
Such a certificate may carry a significant restriction on the type of firearm the holder may possess and/or the circumstances in how it may be used.
These restrictions must be complied with or the offence will be committed.
Q: When is someone in ‘possession’ of a firearm? What if they are unaware that what they possess is a firearm?
A person can be in possession of a firearm or ammunition even though he does not have physical custody of it.
Case law tells us that it is sufficient if he knowingly has more than momentary control of it, such as where he stores it at a gun club for safe keeping.
Similar to possession of controlled drugs, he does not need to know he has a firearm in order to possess it so long as he knows he has something. This is a strict liability offence!
Q: What does ‘acquire’ mean?
It will include hiring, accepting as a gift and borrowing.
Q: What are the exemptions to people who do not need a valid certificate?
Everyone who has a s1 firearm or s1 ammo needs a valid certificate covering it except for anyone falling into these categories:
- Police permit holders who have a permit from the Chief Officer of police authorising possession as set out in the permit.
- Clubs, athletics, and sporting purposes- you can borrow a s1 firearm and ammo from the certificate holder for sporting purposes only eg: target shooting. But where the person carrying the firearm is under 18, the other person must be 18 or over.
- A person who is a member of an approved rifle club, miniature rifle club or pistol club may possess a firearm or ammo when engaged as a club member in target practice.
- You may borrow a shot gun from private premises and use it on those premises in the occupier’s presence, but where the borrower is under 18 the occupier must be 18 or over.
- You may use a shot gun at a time and place approved by the Chief Officer of Police for shooting at artificial targets eg: authorised clay pigeon shoot.
Q: What are the rules for borrowing rifles on private premises?
If you are at least 17 years old, you may borrow a rifle from the occupier of private premises provided you are on those premises and in the presence of the occupier and his servant and provided also that the occupier holds a certificate and the borrowing of the rifle complies with that certificate.
Where the borrower is aged 17, the occupier in whose presence the rifle is used, must be 18 or over.
Q: What are the rules for visitor’s permits?
The Chief Officer of Police may authorise a visitors permit for the possession of firearms. It is a summary offence punishable by up to 6 months imprisonment to make a false statement in order to get a visitor’s permit and to fail to comply with the conditions in the permit.
Q: What are the rules for firearms as antiques?
You may buy, acquire, sell, transfer, or possess an antique firearm for ornamental use. The mere belief of the possessor that the firearm is an antique is not enough. It must actually be an antique firearm and it must be held purely as an ornament to fall within the exemption.
Q: What are the rules for authorised firearms dealers and when they can possess firearms?
Registered dealers and their employees may possess, acquire, buy and sell in the ordinary course of their business. Business use only!
