s1 Firearm
Firearms Act 1968
Definition
All firearms and ammunition are s1 firearms
Most shotguns & air weapons are not s1 firearms but:
A sawn-off shotgun is a s1 firearm
An air weapon is a s1 firearm if it is:
*Air pistol with >6 foot/pound kinetic energy
*Air rifle with >12 foot/pound kinetic energy
*Disguised as something else
Exempt ammunition
(1) Cartridges containing 5+ shots (max 0.36 inches / shot)
(2) Ammunition for an air weapon
(3) Blank ammunition max 1 inch diameter
s1 Firearm
Firearms Act 1968
Offence - possess
Possess / purchase / acquire
firearm / imitation s1 firearm / ammunition either
*without a certificate (issued by the Chief Officer of Police)
*In quantities (of ammunition) in excess of the authorised amount
Firearms Act 1968
Offence - shortening the barrel of a s1 firearm
It is an offence to shorted the BARREL to <24 inches
Of any smooth bored s1 firearm
UNLESS the barrel has a bore <2 inches in diameter.
Registered firearms dealers are exempt if the shortening is done to replace the barrel with a new barrel which is at least 24 inches in length
Firearms Act 1968
s4
Offence - shortening the barrel of a shotgun
It is an offence to shorted a shotgun BARREL to <24 inches
Any shotgun with a barrel >24 inches is a s1 firearm.
Registered firearms dealers are exempt if the shortening is done to replace the barrel with a new barrel which is at least 24 inches in length.
Definition of a Firearm
s57 Firearms Act 1968
(1) Lethal barrelled weapon
(2) Prohibited weapon
(3) Relevant component part of (1) or (2)
(4) Accessory to (1) or (2) which is either designed or adapted to diminish either noise or flash caused by firing the weapon
Lethal barrelled weapon
Barrelled weapon from which a shot / bullet / other missile
With a kinetic energy of more than 1 joule at the muzzle
Can be discharged.
“Capable of causing injury, irrespective of the intentions of it’s maker”
(case law)
Prohibited Weapon
Definition
*Automatic weapon
*Self-loading weapon
*Pump-action weapon
*Smooth bored revolver
*Electric stun gun (even if not in working order)
*CS gas cannister
*Grenade
*Mortar / rocket / shell
*Air weapon designed / adapted to use a self-contained gas cartridge system
*Cartridge with a bullet designed to explode on / immediately before contact, if capable of being used with a firearm.
*Weapon designed / adapted to discharge any noxious liquid / gas / other thing
*Any firearm with barrel less than 30cm in length
*Any firearm less than 60cm in length overall
Prohibited Weapon
Offences
s5 Firearms Act 1968
Possess / purchase / acquire
Prohibited weapon / ammunition (including unassembled components)
Without the authority of the Secretary of State / Scottish Minister
Exceptions are authorised
*Firearms collectors / dealers
*Persons involved in transactions of ammunition used for lawful shooting of animals and managing estates
Component Part
*Frame, body, or receiver
*Barrel, chamber, or cylinder
*Breech block, bolt, or other mechanism for containing the pressure of discharge at the rear of the chamber, which is capable of being used
as part of (1) or (2)
Accessories
(1)
Person found in possession of a silencer / anti-flash device
Manufactured for a weapon
In their possession
Then the accessory is a firearm
(2)
Person found in possession of a silencer / anti-flash device
Manufactured for a different weapon
To that which is in their possession
Where the prosecution can prove:
(a) That it COULD BE used with the weapon in their possession
AND
(b) The subject had possession of it for that purpose
Then the accessory is a firearm.
Ammunition
s57 Firearms Act 1968
Assembled ammunition for any firearm including:
(1) Grenades / bombs / other like missiles (whether capable of use with a firearm or not)
(2) Prohibited ammunition
Unassembled ammunition is not included within the definition
(empty cartridge cases / components / ingredients)
Notification Requirements for transfer of firearms
s32 & s33 Firearms (Amendment) Act 1997
A person transferring a firearm / ammunition
by either selling / hiring / lending* / giving it to another
MUST:
(1) Produce a certificate / permit entitling them to do so
(2) Comply with all conditions specified within the certificate / permit
(3) Personally hand over the firearm / ammunition to the recipient.
(4) Give notice to the Chief Officer of Police who granted the certificate / permit, within 7 days of the transfer.
Failure (of either party) to comply with any of the above conditions would constitute an offence (by each party).
*The notification requirement applies where a relevant item is lent for a period of MORE THAN 72 hours. (72 hours or less = no requirement to notify).
Notification Requirements for loss, deactivation, & destruction of firearms
s34 & s35 Firearms (Amendment) Act 1997
Where a firearm for which either a firearm or gunshot certificate / permit relates is either deactivated / destroyed / lost
Or where ammunition is lost:
The certificate / permit holder who was last in possession of the firearm / ammunition shall give notice to the Chief Officer of Police who granted the certificate / permit, within
*7 days if the event occurred inside Great Britain
*14 days if the event occurred outside Great Britain.
Failure to notify is an offence.
Trade transactions by unregistered firearms dealers
s3 Firearms Act 1968
Offence 1:
Manufacture / sell / transfer / repair / test / prove
s1 firearm / shotgun / ammunition
when not registered as a firearms dealer.
Offence 2:
*Expose for sale / transfer
*Possess for sale / transfer / test / repair / proof
s1 firearm / shotgun / ammunition
when not registered as a firearms dealer.
Offence 3:
*Expose for sale / transfer
*Possess for sale / transfer
*Sell or transfer
Air weapon
when not registered as a firearms dealer.
Imitation Firearms
Definitions
(1) General Imitation Firearm
Has the appearance of a firearm
Whether capable or not of discharging a shot / bullet / missile
(2) Imitation s1 Firearm
Has the appearance of a s1 firearm
AND
Can be readily converted into a s1 firearm
Possession with intent to endanger life
s16 Firearms Act 1968
Possess firearm / ammunition
With intent to either
*Endanger the life of another person
*Enable another to endanger the life of another person
It must be the firearm / ammunition that will cause the endangerment of life
The intent can be conditional
The endangerment can be of person(s) anywhere in the world
Possession with intent to cause fear of violence
s16A Firearms Act 1968
Possess firearm / imitation
With intent (either themselves / another)
Cause any person to believe that unlawful violence will be used
Against them or another person.
“Unlawful violence” = the unlawful exercise of physical force to as to cause either INJURY or DAMAGE to property.
It must be the firearm / imitation that causes the fear.
Using a firearm to resist arrest
s17 Firearms Act 1968
Has with them
A firearm / imitation (excluding component parts / silencer / flash eliminator)
And makes use / attempts to make use of the firearm / imitation
To prevent the LAWFUL arrest of themselves / another person.
Possession of a firearm whilst committing or being arrested
for a Schedule 1 offence
s17 Firearms Act 1968
At the time of committing / being arrested for a Schedule 1 offence
Has in their possession
A firearm / imitation
Schedule 1 Offences: (“DART”)
*Criminal Damage
*Assault & abduction (excluding s18)
*Rape / penetrative sexual offences
*Theft / robbery / burglary / blackmail / TWOC
If the subject is in LAWFUL possession of the firearm at the time of ARREST then they do not commit this offence.
Possession of a firearm with intent
to commit an indictable offence or resist arrest
s18 Firearms Act 1968
Has with them
A firearm / imitation
With intent to either resist or prevent the arrest OF ANOTHER or
Commit an indictable offence
The arrest need not be lawful
The firearm / imitation does NOT need to be the means by which the arrest is prevented or offence committed.
Possession of a firearm in a public place
s19 Firearms Act 1968
Without lawful authority or reasonable excuse
Has with them
In a public place:
*Loaded shotgun
*Imitation firearm
*Firearm (loaded / unloaded) & suitable ammunition
*Air weapon (loaded / unloaded)
Trespassing with a firearm
s20 Firearms Act 1968
Enter / Are in / Are on
Any building / part of a building / land (including land covered by water)
As a trespasser
Without reasonable excuse*
Has with them
A firearm / imitation firearm / air weapon
*burden of proof lies upon defence, on the balance of probabilities.
s20 offence with an imitation firearm or air weapon is SUMMARY ONLY.
s20 on land only (with any firearm) is SUMMARY ONLY.
Imitation Firearms - Converting Offences
s4 Firearms Act 1968
(1) Converting
Person other than a registered firearms dealer
Convert into a firearm
Anything which though having the appearance of a firearm
Is constructed as to be incapable of discharging a missile through its barrel.
(2) Possess articles for use in connection with conversion
Person other than a registered firearms dealer
Has in their possession or under their control
An article capable of being used (either by itself or with other articles)
To convert an imitation firearm into a firearm
AND
They intend to use the article (whether by itself or with other articles)
To convert
An imitation firearm into a firearm.
Imitation Firearms - Supply Offences
s36-40 Violent Crime Reduction Act 2006
s36
Manufacture / import / modify / sell a realistic imitation firearm
(i.e. of an appearance so realistic that it is indistinguishable from a real firearm) (And is NOT deactivated or an antique)
s39
Manufacture / import / modify / an imitation firearm
That does not comply with specifications set by the Secretary of State
s40
(1) Sell an imitation firearm to a person u18.
(2) Person u18 purchase an imitation firearm.
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Child Protection17
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Criminal Conduct9
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Criminal Damage10
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Deprivation of Liberty12
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Firearms29
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Fraud9
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General Defences8
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Homicide13
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Incomplete Offences16
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Misuse of Drugs18
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Non-fatal offences against the person15
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Racially & Religiously aggravated offences10
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Sexual Offences35
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State of Mind6
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Theft & related offences21
