Serious Crime and Other Offences - Firearms Flashcards
What is the definition of a firearm? (S.57 Firearms Act 1968)
- a lethal barrelled weapon
- a prohibited weapon
- a relevant component part in relation to a lethal barrelled weapon/ prohibited weapon
- an accessory to a lethal barrelled weapon/ prohibited weapon where the accessory is designed or adapted t diminish the noise or flash caused by firing the weapon
What is a relevant component part of a firearm?
- a barrel, chamber or cylinder
- a frame, body or receiver
- a breech block, bolt or other mechanism containing the pressure of discharge at the rear of the chamber, but only where the item is capable of being used as a part of a lethal barrelled weapon/ prohibited weapon
- magazines, sights and furniture are not considered component parts
Is a stun gun a prohibited weapon?
Flack v Baldry - Yes as it discharges and electrical current
R v Brown - continues to be a prohibited weapon if it is not working
Can be used in appropriate places of work only, e.g. licensed slaughterer using it in a slaughterhouse
S.16 Firearms Act 1968 (Possession with Intent to Endanger Life)
- an offence to have in his/ her possession a firearm or ammunition with intent to endanger the life of another (does not have to be intent to kill)
- does not apply to imitation firearms
- does not require the firearm/ ammunition to be produced/ shown to another - merely ‘possession’
- intention to endanger life does not have to be immediate and may be conditional
- the person who’s life is endangered may be outside the UK
- the firearm must be the means by which life is endangered (e.g. can’t have a firearms and drive dangerously)
Defence to S.16 Firearms Act (Possession with Intent to Endanger Life)
Could potentially apply in self-defence e.g. if carrying a firearm for their own defence anticipating an imminent attack
S.18 Firearms Act (Having a Firearm with Intent to Commit an Indictable Offence or Resist Arrest)
- requires the firearm to be readily accessible to the defendant (can be in a car 50 yards away but not in a house a few miles away)
- defendant does not need to be shown to be carrying the firearm
- three elements to this offence:
1) had a firearm/ imitation firearm
2) he intended to have it with him
3) the same time, he had the intention to commit an indictable offence/ resist or prevent arrest of himself or another
How do you prove intention in the offence of having a firearm to commit an indictable offence/ resist arrest?
- proof that the accused had a firearm/ imitation firearm with him and intended to commit an offence/ resist or prevent arrest is evidence that he intended to have it with him whilst doing so
- not necessary to show that the defendant intended to use the firearm to commit the indictable offence/ prevent or resist the arrest
- the mental element is an essential part of the offence, so if this was formed out of duress, it will not apply
- does not require the arrest to be lawful
What does a lethal barrelled weapon mean?
- barrelled weapon of any description from which a shot, bullet or other missile with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged
- an item which can only discharge a missile in combination with other tools would not be a lethal barrelled weapon e.g. old starting pistol that needed a vice-clamp, a mallet and a metal punch to discharge a pellet
- air pistols, imitation revolvers and signalling pistols have been held to be lethal barrelled weapons
What does a prohibited weapon mean?
- makes a prohibited weapon a firearm whether it is lethal barrelled or not
What is an accessory? (Firearms)
- silencers and flash eliminators
- on its own not a firearm but if found in a defendant’s possession having been manufactured for a weapon also in defendant’s possession that will be enough
- does not include telescopic sights or magazines
When does a weapon cease to be a firearm?
- when it is deactivated (incapable of discharging any shot, bullet or other missile
- bears a mark which has been approved by the Secretary of State that two companies / such other person approved by the Secretary of State
- that company or person has certified in writing that work has been carried out on the firearm in a manner approved by Secretary of State rendering the firearm incapable of discharging any shot, bullet or missile
Can an airsoft gun be a firearm?
- an airsoft gun is not a firearm for the purposes of the act
- an airsoft gun is designed to discharge only a small plastic missile and is not capable of discharging a missile (of any kid) with kinetic energy at the muzzle that exceeds the permitted level
Permitted level:
- if capable of discharging two or more missiles successively (automatic) - 1.3 joules
- if any other case (single shot variant) - 2.5 joules
Can a deactivated weapon be disassembled?
A deactivated weapon must remain in its completed state - where it is disassembled, the parts that are then made available are capable of being reassembled into a working weapon and are therefore component parts of a firearm (R v Ashton)
What are the two companies that are noted in the legislation of deactivating firearms?
- Society of the Mystery of Gunmakers of the City of London
- Birmingham Proof House
What is the definition of ammunition?
- ammunition for any firearms, including grenades, bombs and other like missiles, whether capable of being used with a firearm or not, and also includes prohibited ammunition
- it does not include ingredients and components of ammunition - only assembled ammunition is controlled under the act e.g. empty cartridge cases are not ammunition
- expanding or armour piercing bullets are prohibited ammunition