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Crime > Firearms > Flashcards

Firearms Flashcards

1
Q

Is an accessory used to diminish the flash caused by shooting classified as a firearm?

A

On its own - no.

It must be in his possession alongside a firearm that it can be used with for that purpose.

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2
Q

Is a magazine classified as a firearm?

A

No

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3
Q

Is a silencer classified as a firearm?

A

On its own - no.

It must be in his possession alongside a firearm that it can be used with for that purpose.

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4
Q

I want to de-activate a firearm. What do i need to do in order to legally hold it?

A
  • approved by Secretary of State mark
  • mark denoting that it has been deactivated by an approved company
  • and the company has certified in writing that the work has been carried out in an approved manner
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5
Q

Could a washing up bottle filled with acid be a firearm?

A

No as it was neither made or adapted for this purpose (filling up with acid is not adapting)

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6
Q

Is a broken stun gun a prohibited weapon?

A

Yes

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7
Q

Is it illegal to be in possession of a silence or anti flash device?

A

Yes but only if you can prove that it has been manufactured for a firearm in their possession or that it could be used with the weapon in their possession.

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8
Q

What is a shotgun?

A

A smooth bore gun which kid no less than 2 feet, a bore that does not exceed 2 inches and whose magazine does not hold more than 2 cartridges.

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9
Q

When does an air weapon become especially dangerous?

A

If the kinetic energy of an air pistol exceeds 6ft per pound, it is disguised as another object or an air weapon kinetic energy exceeds 12ft per pound.

6 doubled is 12.

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10
Q

Is an underwater spear gun especially dangerous?

A

No

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11
Q

Section 1 firearm also includes ammunition except under what circs?

A

Cartridges containing 5 or more shots
Each shot is not bigger than 0.36 inch

Ammunition is for an air weapon

Blanks not more than 1 inch diameter

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12
Q

Is it an offence to shorten a section 1 firearm?

A

Yes unless the barrel has a bore that exceeds 2 inches in diameter.

Registered dealers are exempt if they are shortening it to replace with a new barrel at least 24 inches in length

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13
Q

Can you buy and post air weapons?

A

No not unless you sell it to a dealer. Everything must be transferred face to face.

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14
Q

If harry picks up his shotgun whilst drunk, does he commit an offence?

A

Only if it is loaded.

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15
Q

Can Matthew Bates get a firearms certificate?

A

Not if he was sentenced to three or more years otherwise there would be a 5 year restriction if less than 3 years

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16
Q

For the offence of trespassing with a firearm in a building does it include air weapons?

A

Yes any firearm

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17
Q

I go to arrest Joe who shows me a silencer. I back off. Has he committed the offence of using a firearm to resist arrest?

A

No silencers., flash eliminators and component parts do not count

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18
Q

What offences constitute a DART offence?

Possession of a firearm whilst committing or being arrested for a schedule 1 offence

A

Damage offences
Assault and abduction offences - not section 18 as it is life and not common assault
Rape offences - all SSA
Theft offences - not handling but includes blackmail and twoc

The firearm can be imitation

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19
Q

Arnie uses his brother to hide an air weapon knowing that he would go on to commit an armed robbery later. Has he committed the offence of using someone to mind a dangerous weapon?

A

No - air weapons do not count.

Must be firearms, off web, knives and bladed articles

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20
Q

Josh is sentenced to 8 years in prison. How long before he can legally own a firearm?

4 years
3 years
2 years
1 year
6 months
Caution 
Suspended sentence
A 
8 years - never
3 years - never
2 years - 5 years
1 year - 5 years
6 months - 5 years
Caution - no restriction 
Five years beginning the second day after the date on which the sentence is passed to allow them time to dispose of their firearm
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21
Q

Jack is 14. Can he ever possess a shotgun?

A

Only if supervised by a person over 21 or the shotgun is securely covered so that it cannot be fired.

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22
Q

Tom is being arrested for attempted robbery. In his possession is a firearm. Can he be guilty of being possession of a firearm whilst being arrested for a schedule 2 offence if it was just an attempt?

A

Yes

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23
Q

MARTIN owns a s. 1 firearm and holds a certificate allowing its possession. MARTIN has decided to sell the firearm because it has not been used for a number of months. What obligation does MARTIN now have, in respect of the sale of the firearm, under s. 32(2) of the Firearms (Amendment) Act 1997?

A

MARTIN must notify the chief officer of police within 7 days.

Section 32(2) of the Firearms (Amendment) Act 1997 requires that any person who is the holder of a certificate or permit who is involved in selling, letting on hire, lending or giving a s. 1 firearm or ammunition (which includes lending a shotgun for a period of more than 72 hours) to another must, within seven days of the transfer, give notice to the chief officer of police who granted the certificate or permit (s. 33(2)).

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24
Q

Thinking about the offence of possessing or distributing prohibited weapons or ammunition, is it a strict liability offence?

A

Yes it is strict liability.

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25
Q

Is it still a prohibited weapon if you have all the parts but not the trigger?

A

Yes

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26
Q

Suspect has a firearm in his possession with the intent to endanger life of someone abroad. Offence?

A

Yes - includes abroad.

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27
Q

I know that trespassing with a firearm in a building also includes land and also includes an imitation firearm or air weapon but is there a difference in sentencing?

A

Yes - imitation or air weapon is a summary only offence.

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28
Q

If someone is sentenced to three or more years in prison, how long are they prohibited from possessing firearms?

A

Life

3 months to 3 years = 5 years

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29
Q

If someone is sentenced to between three months and three years in prison, how long are they prohibited from possessing a firearm?

A

5 years

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30
Q

Yearwood is sentenced to 2 years for robbery. How long is he prohibited from possessing a firearm? And can he possess an imitation?

A

He is prohibited for 5 years (3 months to 3 years).

He can possess an imitation whenever/

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31
Q

Can you possess an antique firearm if you are already prohibited?

A

Yes - antique firearms don’t count.

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32
Q

we know that if you are sentenced to over three years you are never allowed to possess a firearm again and between 3 months and 3 years it is 5 year prohibition. But what about suspended sentences?

A

Same prohibitions but it instead begins the second day after the date on which the sentence is passed.

This is so people have a chance to dispose of their firearms.

There is also a transitional period in that someone can keep their firearms for section 1 or 2 firearms for the remainder of the term of a certificate as long as it was applied for before the prohibition. They cannot renew it.

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33
Q

Joe buys a lighter from abroad and didn’t realise it was also a taser. He is stopped in the UK. Is he guilty?

A

Yes - it is an absolute offence.

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34
Q

You can fail to comply with firearms license conditions if you fail to keep your firearm safe. What if i keep the firearm in a car overnight under a pile of clothes?

A

No offence.

It has been held it is a fact sensitive decision. Where had they parked? How was it concealed? Likelihood of someone stealing clothes? Type of car?

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35
Q

Can we refuse to renew a certificate if someone knows where the keys are kept that is not the license holder?

A

Yes

As they have breached the condition to prevent, as far as reasonably practicable access to the guns by an unauthorised person.

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36
Q

Suspect commits a robbery with an imitation firearm in his possession. However he never gets it out and he says he never had any intention to use it. Offence of having a firearm or imitation with them with the intent to committ an indictable offence ?

A

No

Must be intent to use it to commit the offence.

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37
Q

VEGA was in the ‘Rat and Carrot’ pub one night, when he sneaked upstairs into the living quarters while the licensee was serving in the bar. He found a loaded air rifle in a bedroom, picked it up and decided to carry it with him in case he was disturbed.

Has VEGA committed an offence under s. 20 of the Firearms Act 1968 (trespassing with a firearm)?

A

Yes, he has committed the offence in these circumstances.

The offence is committed under s. 20(1) of the Firearms Act 1968 when a person has a firearm or imitation firearm with him and he enters, or is in any building or part of a building as a trespasser without reasonable excuse. The offence does not require a person to have entered a building with the weapon—it includes a person who is in a building with one, i.e. takes possession of it when inside (which makes answer D incorrect). The offence applies in any building or part of a building and there is no need to have entered the building as a trespasser (making answer A incorrect). The offence includes having a firearm or imitation firearm, and firearm includes an air weapon (though the offence is summary) and therefore answer C is incorrect.

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38
Q

BREEM has a realistic imitation firearm in his possession which he sells to GRIER who is 17 years of age.

Under s. 40 of the Violent Crime Reduction Act 2006 who commits the offence?

A

Both.

Sections 36 to 41 of the Violent Crime Reduction Act 2006 introduced measures to deal with the misuse of firearms. Section 40 inserted s. 24A into the Firearms Act 1968 and makes it an offence to sell an imitation firearm to a person under 18. It also makes it an offence for a person under 18 to purchase an imitation firearm (answer A is therefore incorrect). The term ‘realistic imitation firearm’ is not mentioned in this section; answer C is therefore incorrect. The 2006 Act introduced the term ‘realistic imitation firearm’ and it is an offence to sell one, but this is not age restrictive;

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39
Q

Under what circumstances can we enter and search premises for firearms without warrant?

A

A further power is provided by s. 47 to examine a weapon from a person elsewhere than in a public place—provided the officer has reasonable cause to suspect the person is committing or is about to commit a relevant offence (offences in ss. 18 and 20 of the Act apply)

the power is provided to enter premises to search for or examine a firearm only—not to arrest (although an arrest may well be necessary if a firearm is found)

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40
Q

An officer is told that a person in a house has a gun. Do we have a power to go in and search?

A

No.

If i have RGS that the occupant is committing a relevant offence only then i can. Power to enter and search.

Relevant offence = possession of a firearm with intent to commit an indictable offence
Trespassing with a firearm in a building

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41
Q

How many inches is the barrel of a shotgun?

A

Not less than 24 inches

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42
Q

Suspect found with pistol and flash device. What do we need to prove in relation to the flash device?

A

That it can be used with that pistol and that he had it with him for that purpose.

43
Q

Can an officer search a dwelling for a crossbow offence?

A

No - only a person search

44
Q

is a crossbow that can’t be fired because of missing components still a crossbow?

A

No it must be capable of discharging a missile

45
Q

For possessing a firearm while committing or being arrested for a schedule 1 offence, can it be an air rifle?

A

Yes

46
Q

I know that someone sentenced to 3 years or more cannot ever possess a firearm. However what about ammunition?

A

That is also covered.

47
Q

I know that a person sentenced to 3 or more years cannot ever possess a firearm or ammunition. What about in a private place shooting club?

A

Offence

48
Q

What do i need to remember with questions that contain the words ‘self contained gas cartridge system’?

A

It is a prohibited weapon

49
Q

What is the important thing to remember about component parts and whether they are an offence to possess?

A

Do they absolutely need it to fire? They are an offence regardless of whether a firearm is also in their possession.

E.g triggers and barrels

50
Q

Geezer possesses a silencer. Offence?

A

Only if they are possessing a firearm where the silencer could be used with AND they had it in their possession for that purpose.

Possession = wide. At home etc.

51
Q

Jerome is in possession of a silencer and is stopped by police. He does not have a gun on him but does at home. Offence?

A

Yes if we can prove that the silencer could be used for the firearm in their possession (includes at home) and they had it with them for the purpose.

52
Q

Suspect driving friend’s car. He is stopped and there is a firearm in the boot that he didn’t know anything about. Defence?

A

No - just need to prove custody and control and that it’s a firearm. Nothing else. Not like drugs.

53
Q

What does section 16 firearms act relate to?

A

Endanger life - possession not has with them

54
Q

What does section 16a firearms relate to?

A

16a - fear of violence - possession not has with them

55
Q

What does section 17 firearms act relate to?

A

Possession with intent to resist arrest. Has with them offence.

56
Q

What is section 17(2) of the firearms act?

A

Possession of a firearm whilst committing/being arrested for a schedule 1 offence.

Does not include section 18 GBH.

57
Q

What are the differences between section 17 and 18 resist arrest firearms act?

A

Both are ‘has with them’ offences.

However section 17 - does not have to be indictable and no offence if arrest is unlawful.
Section 18 - must be indictable and it is an offence even if it is an unlawful arrest.

58
Q

Handling stolen goods. Schedule 1 offence?

A

No

59
Q

TWOC. Schedule 1 offence?

A

Yes

60
Q

What are the differences between trespass with a weapon and firearm?

A

Weapon - Must enter as trespasser and with the weapon

Firearms - do not have to enter as a trespasser or with the firearm

61
Q

What is the easiest way to remember firearms license prohibition periods?

A

3 + 3 = 5

Sentenced to 3 months to 3 years = 5 year prohibition
Anything over that = lifetime
Suspended sentences count.

62
Q

We know that under section 47 firearms act, we can only search where a RELEVANT offence is being committed or is about to committed. What relevant offences are included?

A

Section 18 - Having a firearm with intent to commit an indictable offence or resist arrest
Section 20 - trespassing with a firearm

63
Q

Is an airsoft gun a firearm?

A

No

Unless it exceeds 1.3 joules if automatic or 2.5 joules if not automatic

64
Q

What are the only two authorised de-activation companies?

A

Mystery of gun markers of the city of London

Birmingham proof house

65
Q

Is an empty cartridge classed as ammunition?

A

No

66
Q

Is a water pistol filled with ammonia a firearm or prohibited weapon?

A

No

67
Q

Section 1 ammunition does not include cartridges containing how many shot?

A

5 or more shot none of which bigger than 0.36 inches.

68
Q

Blank cartridge more than one inch in diameter. Section 1 ammunition?

A

Yes

Anything less is not

69
Q

I know that if the firearm is a sawn off, it becomes aggravated. What is the sentence?

A

7 years

70
Q

I know that it is an offence to shorten the length a section 1 firearm to less than 24 inches. However if the bore exceeds how many inches in diameter is it ok?

A

2 inches

71
Q

I know that air weapons must be sold/transferred in person. What if a seller sends their mate to meet the buyer and transfer it that way?

A

A representative of the seller can be sent.

However it has to be someone that is employed or a registered firearms dealer not just anyone.

72
Q

Is it an offence if someone allows a child to have possession of an air weapon?

A

Yes

If they fail to take reasonable precautions to prevent any person under 18 from having the weapon.

Unless supervised by someone over 21.

73
Q

For shooting clubs, is a 16 year old allowed a firearm?

A

No

74
Q

For possession with intent to endanger life, can the victim be abroad?

A

Yes

75
Q

Could self defence be raised for possession of a firearm with intent to endanger life?

A

Yes if anticipating an imminent attack

76
Q

Having a firearm with intent to commit indictable offence or resist arrest. A car 50 yards away. Is this has with him?

A

Yes

77
Q

If a firearms officer is arrested for a robbery on duty. Are they also possessing a firearm while committing or being arrested for a schedule 1 offence?

A

No

They would have lawful purpose.

78
Q

Is it an offence to have an unloaded shotgun in a public place?

A

No

79
Q

For trespass with firearms, do you have to enter as a trespasser or can you become one subsequently?

A

You can become one subsequently. Does not need to have the firearm with him at the time of entering.

80
Q

Can you buy air weapons when you are prohibited after prison?

A

No

81
Q

I know a Constable may demand a certificate from any person if they are in possession of a firearm or ammunition. Is it suspect they are in possession or believe?

A

Believe

82
Q

I know that a Constable may demand a certificate from any person they believe is in possession of a firearm or ammunition. Does this belief have to be reasonable and backed up by evidence?

A

No the belief does not have to be reasonable or backed up.

83
Q

The lender of a shotgun must notify the chief of police if they lend to another for a period greater than what?

A

72 hours.

They have 7 days to notify.

84
Q

I know that if someone lends a firearm for a period greater than 72 hours, they have to notify the chief of police. How long do they have to notify?

A

7 days

85
Q

Who certifies section 1 firearms and shotguns?

A

Chief officer of police

Section 5 - Secretary of State

86
Q

If i take a friends bag not knowing there is a firearm in it, have i committed an offence?

A

Yes - strict liability

87
Q

Someone is being arrested for attempt murder while in possession of a firearm. Schedule 1?

A

No attempt murder and section 18 not included.

88
Q

It is an offence to gift a child with a shotgun. How old must the child be?

A

Offence if under 15. 14 or below.

89
Q

Trespass on land with a section 1 firearm. Summary?

A

Yes whatever the weapon it is summary. Premises depends on the type of weapon.

90
Q

I know it is an offence for a person under 15 to have with them a shot gun unless they are supervised by someone over 21. Is there another way a child avoids committing this offence?

A

If it is covered with a securely fastened gun cover.

So it is either supervised by someone over 21 OR covered regardless of supervision.

91
Q

What is a realistic imitation firearm?

A

The imitation firearm has an appearance that is so realistic that it is indistinguishable from a real firearm and it is not deactivated or an antique.

92
Q

Is it still a prohibited weapon if it is missing an essential part such as the trigger?

A

Yes

93
Q

What is the 2 rule for shotguns?

A

Barrel must be at least 2 feet long
The bore must not exceed 2 inches in diameter
The non detachable magazine must hold no more than 2 cartridges

94
Q

Failing to prevent minors from having air weapons is an offence. What age constitutes a minor?

A

Under 18

95
Q

Can visitors permits be permitted to allow others to possess firearms/ammunition?

A

Yes

Visitors permits will not be issued to anyone without a European firearms pass.

96
Q

Is it an offence to possess articles used to convert an imitation firearm?

A

Yes but only if they INTEND to use the article to convert

97
Q

For possession with intent to endanger life, do we have to show the defendant behaved in a particular way?

A

Yes

We have to show that they behaved in a way that he knows will in fact endanger the life of another.

98
Q

Are conditional threats covered by possession of a firearm with the intent to endanger life?

A

Yes

It does not have to be immediate.

99
Q

What two offences are covered under section 47 firearms searches?

A
  1. Trespass with a firearm

2. Section 18 having a firearm with intent to commit indictable offence/resist arrest

100
Q

Is there an appeal process to a firearm prohibition?

A

Yes they can apply to the CROWN court for a removal

101
Q

Is it an offence to sell or transfer a firearm to someone that is prohibited?

A

Yes if you KNOW or BELIEVE they are prohibited

102
Q

Can a vet licensed through employment to possess a firearm take the gun home to repair it?

A

No you cannot take the firearm outside the remit of your employment or workplace.

103
Q

Is it an offence to possess an unloaded air weapon in public?

A

Yes regardless of age.

Crime (18 decks)

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