Serious Crime and Other Offences - Firearms

Question 1

What is the definition of a firearm? (S.57 Firearms Act 1968)

Answer 1

• 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

Question 2

What is a relevant component part of a firearm?

Answer 2

• 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

Question 3

Is a stun gun a prohibited weapon?

Answer 3

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

Question 4

S.16 Firearms Act 1968 (Possession with Intent to Endanger Life)

Answer 4

• 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)

Question 5

Defence to S.16 Firearms Act (Possession with Intent to Endanger Life)

Answer 5

Could potentially apply in self-defence e.g. if carrying a firearm for their own defence anticipating an imminent attack

Question 6

S.18 Firearms Act (Having a Firearm with Intent to Commit an Indictable Offence or Resist Arrest)

Answer 6

• 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

Question 7

How do you prove intention in the offence of having a firearm to commit an indictable offence/ resist arrest?

Answer 7

• 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

Question 8

What does a lethal barrelled weapon mean?

Answer 8

• 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

Question 9

What does a prohibited weapon mean?

Answer 9

• makes a prohibited weapon a firearm whether it is lethal barrelled or not

Question 10

What is an accessory? (Firearms)

Answer 10

• 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

Question 11

When does a weapon cease to be a firearm?

Answer 11

• 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

Question 11

Can an airsoft gun be a firearm?

Answer 11

• 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

Question 12

Can a deactivated weapon be disassembled?

Answer 12

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)

Question 13

What are the two companies that are noted in the legislation of deactivating firearms?

Answer 13

• Society of the Mystery of Gunmakers of the City of London
• Birmingham Proof House

Question 14

What is the definition of ammunition?

Answer 14

• 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

Question 15

What are the two types of imitation firearms?

Answer 15

• general imitations - those which have the appearance of firearms (doesn’t have to be capable or discharging any shot, bullet or other missile)
• imitations of s.1 firearms - those which both have the appearance of s.1 firearm and can be readily converted into such firearm

Question 16

Can you hold your fingers under your coat and pretend that it is a firearm? (Imitation Firearm)

Answer 16

No - an unsevered hand or finger is part of oneself and is not capable of being possessed

Question 17

What is a section 1 firearm?

Answer 17

All firearms except shotguns and conventional air weapons

However, shotguns that have been ‘sawn off’ are included, as are air weapons declared to be ‘specially dangerous’

Question 18

What are section 1 ammunition?

Answer 18

Includes any ammunition for a firearm except:
- cartridges containing five or more shot, none of which is bigger than 0.36 inches in diameter
- ammunition for an airgun, air rifle or air pistol
- blank cartridges not more than one inch in diameter

Question 19

Conversion (Firearms)

Answer 19

• Some weapons which begin their lives as s.1 firearms/ prohibited weapons will remain so even after their conversion to a shotgun, air weapon or other type of firearm

Question 20

Possessing a Firearm or Ammunition without Certificate

Answer 20

• offence to have in his possession, purchase or acquire a firearm/ ammunition without holding a certificate
• applies to s.1 firearms
• if firearm involved is a sawn off shotgun, the offence becomes aggravated
• includes imitation firearms that has appearance of a s.1 firearm and can be readily converted into such a firearm
• certificate issued by Chief Officer of Police
• can have a European Firearms Pass or Similar

Question 21

Shortening Barrel of Smooth-Bore S.1 Firearm

Answer 21

• an offence to shorten to a length less than 24 inches of any smooth-bore gun to which s.1 applies other than one which has a barrel with a bore exceeding 2 inches in diameter
• exempts firearms dealers from the offence providing shortening is done for the sole purpose of replacing a defective barrel so as to produce a new barrel having an overall length of at least 24 inches
• length measured from muzzle to the point at which charge is exploded

Question 22

Imitation Firearm Offences

Answer 22

• an offence to manufacture, import, modify or sell realistic imitation firearms (size and colour of a real firearm)
• an offence to manufacture, modify or import an imitation firearm that does not conform to specifications set out in regulations by the Secretary of State
• an offence to sell an imitation firearm to a person under 18
• an offence for a person under 18 to purchase an imitation firearm

Question 23

Examples of Prohibited Weapons

Answer 23

• automatic weapons
• most self-loading/ pump-action weapons
• any firearm with a barrel less than 30 cm in length or is less than 60 cm in length overall (other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus)
• most smooth-bore revolvers
• any weapon designed or adapted for the discharge of any noxious liquid, gas or other thing
• any air rifle, air gun or air pistol which uses a self-contained gas cartridge system
• any cartridge with a bullet designed to explode on or immediately before impact
• if capable of being used with a firearm of any description, any grenade, bomb, rocket or shell designed to explode on or immediately before impact

Question 24

Possession with Intent to Cause Fear of Violence

Answer 24

an offence for a person to have in his possession a firearm or imitation firearm with intent to cause or enable another person to cause any person to believe that unlawful violence will be used against him or another person

• no need for a firearm/ imitation firearm to be shown though it must provide the means of the threat
• can’t make a general threat with the person unaware that you have a firearm in your possession
• doesn’t matter if the person knows it is an imitation firearm if the defendant’s intention was to make them fear violence

Question 25

Possessing Firearm while Committing a Schedule 1 Offence

Answer 25

• either being in possession of the weapon at the time of committing the schedule 1 offence or
• by being in possession of it at the time of being arrest for such an offence
• unless they can show it was for a lawful purpose
• no need for the defendant to be convicted of the schedule 1 offence, or even to prove that it has been committed
• onus is on the defendant to prove lawful possession
• includes imitation firearms in the general sense

Question 26

What are the main offences contained in Schedule 1? ACTOR

Answer 26

A - Abduction
C - Criminal Damage
T - Theft, Robbery, Burglary, Blackmail, Taking a Conveyance
O - Offences Against the Person - assaults and woundings, assault on police and civilian custody officers
R - Rape and other sexual/ abduction offences - rape, assault by penetration, causing a person to engage in sexual activity without consent, rape and assault of a child under 13, causing or inciting a child under 13 to involve in sexual activity, sexual activity/ inciting a person with mental disorder (all need to involve penetration? - also offences under part 1 o child abduction act 1984

Question 27

Using Someone to Mind a Weapon

Answer 27

• he uses another to look after, hide or transport a dangerous weapon for him and
• he does so under arrangements or in circumstances that facilitate, or are intended to facilitate the weapons being available to him for an unlawful purpose
• firearm other than an air weapon

Question 28

Can someone who has a restriction of his possession of a firearm/ ammunition under s.21 of the Firearms Act 1968 have this order removed?

Answer 28

Yes - they may apply to the Crown Court for a removal of the prohibition

Question 29

S.47 Firearms Act 1968

Answer 29

A constable may require any person whom he has RGS
a) of having a firearm, with or without ammunition, with him in a public place or
b) to be committing or about to commit, elsewhere than a public place, an offence relevant for the purposes of this section

to hand over the firearm or any ammunition for examination by the constable.

Does not require the constable to be in uniform.

Question 30

Example of Using a Firearm to Resist Arrest: A has been trespassing and PC carries out a s.1 PACE search. She finds an imitation pistol in his pocket and seizes it. She arrests him for trespassing with a firearm in a building (s.20). A struggles with PC and punches her in the face attempting to prevent arrest. A then manages to take hold of the pistol and points it at the PC, telling her to leave him alone. A then strikes PC in thee face with the butt of the pistol.

At which stage did A use a firearm to resist arrest?

Answer 30

When he takes hold of the imitation pistol and points it at the PC

Question 31

Section 5 Firearms Act 1968 - Possession of a Prohibited Weapon

Answer 31

• strict liability offence - there is no need to prove that the accused knew the nature of the thing they possessed in order to prove the offence. It is sufficient to establish that the accused was in possession of the article.