Topic 6 - UK firearms legislation Flashcards

1
Q

what is the 1903 Pistols act?

A
  • The Pistols Act of 1903 was the first legislation to
    ‘try’ and restrict the sale and ownership of firearms.

9 sections and applied only to pistols.

  • It defined a pistol as a firearm whose barrel did not
    exceed 9” (230 mm).

The act made it illegal to sell or rent a pistol to
anyone without a gun licence

but anyone could get a licence from the post office so this was rather useless.

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2
Q

what is the 1920 firearms act?

A

this act made people have to have a firearm certificate before buying a gun

certificates last 3 years

max amount of ammo was a thing

police chief constables decided who could have a certificate

at the start the act ignored smooth bore weapons so they were still purchasable to anyone

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3
Q

what is the 1937 firearms act?

A

Amended the 1920 act

minimum age raised to 17

shotguns and smooth bore weapons less than 20” brought into legislation

conditions were added to the certificates

self defence was no longer a reason to possess.

fully automatic gun possession was banned

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4
Q

what is the 1968 firearms act (current law)?

A

post WW2

act created 3 main firearm classification groups:
Section 1 - Firearms
Section 2 - Shotguns
Section 5 - Prohibited weapons

air weapons only come under act if they’re especially dangerous.

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5
Q

what are the “good reasons” to apply for a shotgun/firearm certificate?

A

such reasons could be:
member of a gun club
sporting pursuits (within reason)
land management

medical checks are mandatory

medical declaration verified by a GP is a requirement by law.

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6
Q

what are the important extra provisions?

A

firearms should be stored in a secure gun cabinet - ammo stored in a separate LOCKED area

1968 act permanently prohibits possession of guns or ammo for anyone imprisoned more than 3 years

imprisonment from 3 months to 3 years results in a 5 year ban of firearms

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7
Q

what is the definition of a firearm under section 57

A

a lethal barrelled weapon - a barrel which can shoot a bullet or missile with a kinetic energy of more than 1 joule.

a prohibited weapon

a relevant component in relation to a lethal barrelled weapon or prohibited weapon
the folloowing are relevant components
- barrel, chamber or cylinder
- frame, body or reciever
- a breech block, bolt or other pressure mechanism

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8
Q

definition of a firearm under Section 57?

A
  • An accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon.
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9
Q

Definition of ammunition under Section 57?

A

“Ammunition” refers to ammunition for any firearm and includes grenades, bombs and other like missiles
whether capable of use with a firearm or not and also
includes prohibited ammunition.

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10
Q

what is a requirement of a firearm certificate - Section 1?

A

Subject to any exemption under this Act, it is an offence for a person:

  • 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;
  • To have in his possession, or to purchase or acquire, any ammunition
    to which this section applies without holding a firearm certificate in
    force at the time, or otherwise than as authorised by such a certificate,
    or in quantities in excess of those so authorised.
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11
Q

what firearm does section 1 cover?

A

Section 1 covers mostly bolt-action rifles
As long as the barrel is longer than 30 cm; and The overall length of the firearms is longer than 60 cm

But Section 1 also includes:
0.22” (or 5.5 mm) caliber rim-fire rifles, where semi-automatic and
pump action mechanisms are permitted with no magazine limit.
Smooth-bore revolver guns chambered for 9 mm rim-fire or is
designed to be muzzle-loaded.

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12
Q

what weapon does section 2 cover?

A

A shot gun within the meaning of this Act, is:

  • A smooth-bore gun (not being an air gun)
    which:
  • Has a barrel not less than 24 inches in
    length and does not have any barrel with a
    bore exceeding 2 inches in diameter;

Either has no magazine or has a nondetachable magazine incapable of holding
more than two cartridges; and
* Is not a revolver gun.

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13
Q

what are some criteria of section 2 shotguns?

A

Section 2 firearms will typically:
* Be traditional single or double-barrelled, in either side by side or over and under
configuration.
* Have a box-lock mechanism.

A firearm which meets all of the section criteria apart from it having a larger magazine capacity could then classed as a Section 1 unless it hits any of the Section 5 criteria.

  • PUMP ACTION SHOTGUNS come under Section 5 and are prohibited

Solid slug shotgun rounds and cartridges containing less than 5 shot
(being greater than 0.36 inches in diameter) are classed as Section 1.

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14
Q

What is a section 5 - prohibited weapon?

A

section 5 covers all firearm related weapons that cannot be owned by the general public.

this includes military and police hardware like automatic weapons, handguns, anti tank rockts, torpedos and misiles.

semi automatic weapons that arent chambered in 0.22” rim fire

any firearm that is disguised to look like another weapon like those briefcase automatic pistols.

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15
Q

what are the section 5 prohibited ammunitions?

A

Prohibited ammunition such as:
* Armour-piercing rounds;
* Incendiary and explosive rounds;
* Expanding ammunition for pistols.

In effect these are weapons for which there can be NO legitimate “good reason” to possess.

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16
Q

what section 5 weapons are subject to general prohibition?

A

any firearm which can discharge two missiles without multiple trigger presses.

self loading or pump action rifled guns

firearms with barrels <30cm or guns overall length < 60cm

any smooth bore revolver gun that is not chambered for 9mm RF.

any rocket launcher or mortar

17
Q

what section 5 weapons are subject to general prohibition part 2?

A

any air weapon adapted to use a self contained gas cartridge system

any rifle with a chamber from empty cartridge cases which are extracted using energy from propellant gas. or energy imparted to a spring

any weapon of any description adapted to discharge using noxious liquid or gas.

a BUMP STOCK which is adapted to add to a self loading lethal barrel of a weapon - or if it increases the fire rate of a weapon by using the recoil from the weapon to generate repeated pressure on the trigger.

any cartridge designed to explode on or before impact. or any bullet designed to contain noxious things.

18
Q

what section 5 weapons are subject to general prohibition part 3?

A

any firearm disguised as another object

any rocket or ammo which connsists of a missile designed to exolode on or before impact (that doesnt fall in previous paragraphs)

any launcher not falling within previous paragraphs designed to use with ammunition which is dangerous which falls within previous paragraphs.

any military ammunition designed to ignite upon impact.

any military ammunition which has a jacket and hard core - to penetrate armour plating, armour screening, or body armour.

any ammunition designed to use with a pistol, in which the ammo will expand on impact.

19
Q

what are the terms of expanding ammunition exemptions?

A

if your firearm certificate states you can purchase expanding ammo.

entitled under section 10 of this act - to have a slaughtering instrument and the ammunition for it in their possession.

Purchase of expanding ammunition is generally restricted to 200 rounds at a time, with a maximum possession of 250.

20
Q

what are the special exemptions from section 1 to 5?

A

police permitted to use firearms issued by a chief police officer in their area.

authorised dealing with firearms (firearms dealers)

carriers and auctioneers etc.

slaughtering of animals

sports, athletics and other approved activities.

21
Q

Restrictions on air weapons?

A

they may have spring, pre charged pneumatic, or CO2 bulb powered mechanisms.

air weapons may be deemed specially dangerous if they have a muzzle energy in excess of:
air pistol - 6ft/lb
air weapon other than air pistol - 12ft/lb

such weapons are classed as section 1 firearms and require a section 1 certificate.
although the pellets air weapons use are not section 1.

any air weapon that uses an adapted self containing gas cartridge is banned.

this inlcudes the once popular Brocock air gun cartridge system.

22
Q

age restrictions on air weapons?

A
  • Anyone over the age of 18 can purchase an air weapon that is
    not ‘specially dangerous’ and use it safely on private property
    without a need for a firearms certificate.
  • 14 to 17-year-olds cannot buy or own air weapons but can use
    them on private land (with permission) without supervision.
  • Under 14-year-olds cannot buy or own air weapons but can use
    them on private land (with permission) and under supervision.
23
Q

what weapons don’t require a certificate?

A
  • Air and gas-operated rifles with less than 12 ft.lb in muzzle energy (or 6 ft.lb for an air pistol). Anything other than air and CO2 is not exempt!
  • Deactivated firearms.
  • Shotgun cartridges containing 5 or more shot, none of which exceed 0.36 inches in diameter.
  • Display boards and decorative items, e.g. key rings and cufflinks.
24
Q

what is the conversion for feet per pound to joules?

A

1 ft/lb = 1.36 J

25
Q

what is section 8 of the 1988 firearms amendment act?

A

section 8 of 1988 describes the neccessary certification that confirms deactivation of firearms.

if it is incapable of firing a shot.

if it is marked and certified

this process was replaced and made far stricter in 1995

26
Q

deactivation

A

it should be noted that weapons may have been deactivated in line with the 1988 act through other means

e.g. guns held in museums that have been recovered from wrecked ships that may have been coroded to a point where they cant be discharged.

this ^ must not be confused with only certain parts being damaged.

the final arbiter of all sections of the firearms act is the court system.

27
Q

what entails the 2003 anti social behaviour act?

A
  • Not in itself a piece of firearms legislation.
  • Allows the Home secretary to prohibit items/
    behaviour/events.
  • S37 specifically prohibits possession of certain
    items in a public place:
  • Loaded firearm of any kind (includes magazines).
  • Air weapon if person under 18.
  • Imitation or deactivated firearm without lawful
    authority or reasonable excuse.
  • “Brocock” air weapons.
28
Q

what entails the 2006 violent crime reduction bill?

A
  • Has many sections dealing with a vast range of social
    issues.
    The main firearms-related area is S30 – Manufacture, import
    and sale of realistic imitation firearms, which state that:
  • A person is guilty of an offence if…
  • he manufactures a realistic imitation firearm;
  • he modifies a firearm or an imitation firearm so that it becomes a
    realistic imitation firearm;
  • he sells a realistic imitation firearm; or
  • he brings a realistic imitation firearm into UK or causes one to be
    brought into UK.
29
Q

what are legislations on realistic imitation firearms?

A

For the purposes of S30 in the 2006
Violent Crime Reduction Bill:
* An imitation firearm is not to be
regarded as distinguishable from a
firearm for any practical purpose if it
could be so distinguished only…
(a) by an expert;
(b) on a close examination; or
(c) as a result of an attempt to load or
to fire it.

30
Q

realistic imitation firearms

A
  • A firearm certificate is required to possess, purchase or acquire an
    imitation firearm which:
  • Has the appearance of being a firearm to which Section 1 of the 1968 Act
    applies; and
  • Is so constructed or adapted as to be readily convertible into a firearm to
    which that section applies.
  • Under Section 1(6) of the 1982 Firearms Act amendments, an imitation
    firearm is regarded as readily convertible into a firearm to which Section
    1 of the 1968 Act applies if:
  • It can be converted without any special skill on the part of the person
    converting it in the construction or adaptation of firearms of any description;
    and
  • The work involved in converting it does not require equipment or tools other
    than such as are in common use by persons carrying out works of construction
    and maintenance in their own homes.