Possession or acquisition of firearms by convicted persons Flashcards
Q: What happens to someone’s future possession of firearms if they are convicted of a criminal offence?
One of the consequences of being convicted of a criminal offence is that your future possession of a firearm or ammunition will be subject to strict limitations.
Eg: prohibited from possessing firearms again
Q: What is the law on possession of firearms by persons previously convicted of crime? Sentence of 3 years of imprisonment or more?
S21 1968 Act- sets out a number of different categories of restriction.
(1) A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more or to youth custody or detention in a young offender institution for such a term shall not at any time have a firearm or ammunition in his possession.
In other words, 3 or more years in custody results in a ban for possessing firearms and ammunition for life.
Q: What is the law on possession of firearms by persons previously convicted of crime? Sentence of 3 months- 3 years imprisonment?
S21(2) 1968 Act
(2) A person who has been sentenced to imprisonment for a term of three months or more but less than three years or to youth custody or detention in a young offender institution for such a term or who has been subject to a secure training order or a detention and training order, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.
In other words, a period in custody between 3 months and 3 years results in a 5-year ban from possessing firearms and ammunition. This begins on the date of release.
Q: What if someone is serving a suspended sentence or part served part suspended?
If someone has a partly served and partly suspended sentence, the date on which the defendant completes the part to be served. The date they are released from the detention part of their sentence the ban begins.
In the case of persons given a suspended sentence for 3 months or more, the 5 year ban begins on the second day after the date on which the sentence has been passed.
Q: What if someone has entered into a recognisance or is on licence?
Anyone who is bound over to keep the peace and has entered into a recognisance (solemn promise that they will keep the peace and be of good behaviour with a condition relating to the possession of firearms) or anyone subject to a licence under the Children and Young Persons Act (which relates to situations where children or young people have been detained following convictions for serious crime, but have later been released on licence) such persons must not at any time during their licence or recognisance have a firearm or ammunition in their possession.
Q: Summary- banning periods
Sentenced to more than 3 years- lifetime ban
Sentenced to between 3 months and 3 years- 5 year ban
Licence or bind overs- banned for period of licence or bind over
Q: Does s21 include imitation firearms?
No- it talks about firearms and ammunition only!
Q: How can these prohibitions be removed/ended?
Persons subject to these prohibitions can apply to the Crown court for removal of these prohibitions.
Q: What if someone knowingly sells a firearm to someone who is prohibited from possessing one?
S21(5)- makes it an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition, for anyone he knows or reasonably believes to be prohibited under this section.
Triable either way.
Carries a 5 year sentence on indictment.
