Firearms - Offences PDF

OFFICIAL Unit 7 Lesson 1.2...

OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Learning Aim: The learner will be able to explain both the considerations in the control of firearms and prevalent firearms offences Learning Outcomes: Introduction On successful completion of the lesson, This part of the lesson on firearms will look at students will be able to:- the offences created under the Firearms Act 1968 and Air Weapons and Licensing 1. Explain the offence committed by a (Scotland) Act 2015 which you are most likely person carrying a firearm in a public to encounter and the powers granted under place and the offence of trespass whilst the Acts to deal with them. in possession of a firearm. This lesson is split into two parts. The first part relates to adults. The second relates to young people. 2. Explain your stop and search powers under the Firearms Act 1968. For obvious reasons the public do not want to see anyone carrying a firearm in a public place and they will be keen to report such 3. State the criminal use of firearms under sightings to you either by telephone or by Section 17 and 18 of the 1968 Act. stopping you in the street. Clearly such a report can have serious implications and it is important that you gather 4. State the offence of failing to keep as much information as possible. You will be secure or report the loss of an Air aware that one of your main roles as a police Weapon. officer is to protect life and property. The health and safety of members of the public, and yourself, is paramount. 5. Explain the common law crime of reckless discharge and the statutory offence of firing an air weapon beyond premises. 6. State the controls in respect of young people for the following: Section 1 certificated weapons Section 2 certificated weapons Imitation Firearms Air Weapons. 1 th Amended 6 March 2024 v.4 OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Carrying Firearms in Public Places Section 19 of the Act creates an offence for any person to have with them, in a public place, without lawful authority or reasonable excuse (the proof whereof shall lie with him) any of the following:- A loaded shotgun. An air weapon (whether loaded or not). Any other firearm loaded, or unloaded if the person also has suitable ammunition in their possession. An imitation firearm (whether capable or not of discharging a shot or bullet). Loaded The term loaded includes occasions when ammunition can be fed into the breech from the magazine etc. This is straight forward but we must also understand the terms “public place”, “reasonable excuse” and “lawful authority”. Imitation Firearm Imitation firearm means:- “anything which has the appearance of being a firearm (other than such a weapon as is mentioned in Section 5(1) (b) of this Act) whether or not it is capable of discharging any shot, bullet or other missile.” Public Place A public place includes any premises or place to which the public have access at the material time, whether on payment or otherwise. Reasonable Excuse The circumstances involved will dictate whether or not the person has reasonable excuse. A person carrying a loaded firearm in any densely populated area or near to a school would have little excuse. However you may consider it reasonable for someone carrying a shotgun on a country road moving from one part of a shoot to another. 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Common sense will prevail as you may well consider a person in possession of a properly wrapped rifle and ammunition, having just legally purchased them from a firearms dealer, and in the process of taking them home, has a reasonable excuse. Lawful Authority Lawful authority would apply almost exclusively to official police or military use. Mere possession of a certificate under the Act does not in itself constitute lawful authority. Trespass Section 20 of the Act creates an offence for any person:- In possession of a firearm or imitation firearm, to Trespass onto any land or buildings Without reasonable excuse (the proof whereof shall lie with him). As you can see Section 20 offences are committed elsewhere than a public place to cover those instances where you encounter persons in possession of firearms on private land or in buildings. 1. For the purposes of this section land includes land covered by water i.e. rivers, lochs, etc. 2. It is not necessary to prove that the firearm was loaded or even that the person was in possession of ammunition. Case Law Held that an accused charged with trespassing with a loaded air weapon was relevantly charged with trespassing with a firearm. (Herron v Flockhart, 1969 SLT (Sh Ct) 37). 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Stop and Search Powers These are the powers provided to you under this Act and are relevant to Sections 19 and 20 of the Act (Carrying a firearm in a public place, trespass in possession of firearms.) Section 47 of the Act provides that:- If a Constable has reasonable cause to suspect that a person is in possession of a firearm or ammunition in public; or They have committed or are about to commit a Section 20 offence, The Constable may:- 1. Require the person to hand over the firearm, and any ammunition for examination. 2. Search the person and detain them for that purpose. 3. Stop and search any vehicle in similar circumstances. It is an offence for any person to fail to hand over firearms or ammunition when so required. The purpose of these powers are to enable police officers to check what type of weapon is involved and whether or not it is loaded. In many cases the proof of a Section 19 offence would otherwise be unobtainable. For the purpose of carrying out your section 47 powers, a Constable may enter any place. Firearms Warrants If however, other firearm offences are involved or a forcible entry is required, officers should deal with the situation by obtaining a warrant from a Sheriff. A warrant is issued under Section 46 of the Firearms Act 1968 as amended by the Firearms (Amendment) Act 1997 and the Air Weapons and Licensing (Scotland) Act 2015. Both enhance your powers and state:- 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences If a Sheriff is satisfied by information on oath that there are reasonable grounds for suspecting:- that an offence relevant for the purposes of this section has been, is being, or is about to be committed, or that, in connection with a firearm or ammunition, there is a danger to the public safety or to the peace, they may grant a warrant Search warrants for firearms offences allow constables or civilian officers to enter, by force if necessary, specified premises and search both the premises and persons found therein. Criminal Use of Firearm Sections 17 and 18 of the 1968 Act create offences relating to the use of firearms in connection with other crimes. The terms of those sections are complex, but a broad summary of their provisions are as follows:- Section 17 (1) It is an offence:- For any person to use, in anyway whatsoever; a firearm, or imitation firearm; with intent to resist, or prevent the arrest; of either himself or another (2) It is an offence:- For any person to be in possession of a firearm or imitation firearm; whilst committing or being arrested for a Schedule 2 offence (See Appendix A); unless they can show their possession was for a lawful object Note:- Component parts and accessories are excluded from the definition of a firearm for the purposes of this section. 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Schedule 2 Offences Schedule 2 of the Act lists those offences for which mere possession of a firearm at the time would constitute an additional offence. The list of offences is contained in Appendix A of this lesson note and contains crimes including Theft, Robbery and Assault. Section 18 Section 18 of the Firearms Act 1968 states it is a further offence for a person to; be in possession of such a firearm of imitation firearm with intent to either; commit a Schedule 2 offence, or resist arrest An example of when this offence would be relevant would be after an intelligence led pre-planned operation which culminates in the arrest of a person whilst on their way to commit a Schedule 2 offence i.e. Bank Robbery, prior to it taking place. Note:- For the purposes of both Sections 17 & 18, an imitation firearm means exactly that, and it is not necessary that it be easily convertible to an actual firearm. Possession is generally sufficient to prove that the person intended to have the firearm or imitation firearm with them, whilst intending to commit a Schedule 2 offence, or resist arrest. Section 30 Air Weapons and Licensing (Scotland) Act 2015 Creates an offence for a person:- To fail to take reasonable precautions for the safe custody of an air weapon possessed by the person, or To fail to report as soon as reasonably practicable to the Chief Constable , the loss or theft of an air weapon possessed by the person 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Reckless Discharge Is defined as:- ‘It is a crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused. The essence of this crime is the wanton disregard for the safety of others.’ For example:- Firing into an inhabited building, or recklessly discharging a firearm in a street, are illustrations of this crime. Case Law Whilst engaged in clay pigeon shooting, the appellants fired towards a line of trees which was within range and behind which, unknown to the appellants, men were working. A man and a vehicle were struck by shot. The appellants were convicted of reckless discharge of firearms to the danger of the lieges. Held, dismissing the appeals that their culpability went beyond negligence and constituted recklessness, in that they fired in ignorance of what lay beyond the trees, in an area in which members of the public might be expected to be. (Gizzi and Another v. Tudhope, (1982) S.C.C.R. 442) Firing an Air Weapon Beyond Premises Section 21A of the Firearms Act, 1968 creates an offence for a person to; have with them an air weapon on any premises if they use it for firing a missile beyond those premises. Defence at Court It is a defence under this section if the person can show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent). 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Young People and Firearms There are many opportunities for young people to use guns lawfully and safely. These include the young person having a shotgun certificate and at approved rifle clubs. As you will imagine there are very strict controls on when and where young people can legally come into contact with firearms. The following legislation covers the key areas you should know:- Use by Persons under 18 years Persons who are under 18 years of age and who have the relevant firearms or shotgun certificate may lawfully possess the weapons to which they relate but can only use them for the following purposes:- 1. As a slaughtering instrument 2. For sporting purposes 3. Vermin control, or in conjunction with estate management or other wildlife control 4. Competition purposes including target shooting and clay pigeon shooting, and 5. Target and clay pigeon shooting which is not part of a competition (practice etc.) Offences - Section 1 Certificated Weapons Only in exceptional circumstances would a Section 1 firearms certificate be granted to someone under 18 years of age. The following however are offences even if a certificate is in place for the young person. Section 22 (1) Firearms Act 1968 creates an offence for any person under the age of 18 to purchase or hire any firearm or ammunition. Section 24 Firearms Act 1968 creates two offences:- 1. It is an offence for any person to sell or hire any firearm or ammunition to a person under the age of 18. 2. It is an offence to make a gift of, or lend any Section 1 firearm or ammunition to a person under the age of 14 years. 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Exemptions - Section 1 Certificated Weapons It is an offence for any person under the age of 18 years to be in possession of a Section 1 firearm unless one of the following applies:- 1. Acting as a gun bearer 2. A member of an approved rifle club 3. At a shooting gallery. Shotguns - Section 2 Certificated Weapons A person aged under 18 years may possess a shotgun if they have been granted a shotgun certificate. It is an offence for a person under the age of 18 years to purchase or hire a shotgun or ammunition. If they are under the age of 15 they may not be in possession of an assembled shotgun unless they are either:- 1. Supervised by a person aged 21 years or over who need not be a shotgun certificate holder, or 2. The shotgun is so covered with a securely fastened gun cover that it cannot be fired. Note:- The Act makes it an offence for any person to gift a shotgun to a person aged under 15 years, so the only way such a young person can possess one is if it has been loaned to them. Purchase of Imitation Firearms by Minors Section 24A of the Act creates an offence for:- A person under the age of 18 to purchase an imitation firearm. A person to sell an imitation firearm to a person under the age of eighteen. It is a defence to the sale of the imitation firearm if the seller can show that they believed the person to be over 18 and they had reasonable grounds for that belief. 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Where an applicant for an air weapon certificate is under the age of 18 A parent or guardian of the applicant must provide consent on the application. Where the Chief Constable grants an air weapon certificate to an individual under the age of 18 it will be only for one of the following reasons:- for sporting purposes (including shooting live quarry) on private land, target shooting on private land, participating in events or competitions, at an approved air weapon club, for protecting livestock, crops or produce on land used for or in connection with agriculture, for the purposes of pest control. The holder may not purchase, hire, be gifted or own, an air weapon. A diagram outlining the details in referring to ages in relation to Section 1 and 2 firearms is attached at Appendix B. 10 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Activity 1 A1 The following scenarios may assist in providing context to the young people and firearms legislation, if you are unsure of the point made, read back over the notes:- 1. Sara shoots clay pigeons with a shotgun. Sara is 14 years old and has a shotgun certificate. Until her next birthday (15th birthday), Sara can only have her father’s shotgun assembled (which she uses) in his presence or when it is in a gun cover. True False 2. Mark (35) gives his son Dylan (14) a shotgun for his 14th birthday. Mark commits an offence. True False 3. Innes (16 years old) frequently attends the Brookbank rifle club where he shoots various rifles belonging to the club. Innes commits no offence, even though he is under 18 as this is permitted in the legislation. True False 4. Chao is 17 years of age and has a shotgun certificate and owns a shotgun. As part of his university course he brings his shotgun to university as a visual aid for a presentation. He carries his certificate with him. Chao commits an offence. True False 5. Lee is 16 years of age and works at Brookbank Farm. He does not have any firearms or shotgun certificate. The farmer asks Lee to carry out some vermin control with a shotgun. Lee does so and commits an offence. True False 11 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Feedback 1 F1 1. True - As Sara is under 15 she may only be in possession of a borrowed shotgun when in the presence of someone over the age of 21 or when it is in a secured gun cover. She has a certificate and is using it for one of the 5 permitted purposes on Page 8. 2. True – it is an offence to gift a shotgun to someone under the age of 15. (Page 10 paragraph 1). 3. True – Innes is in possession of a Section 1 Firearm without a licence however he is covered by the exemptions listed on Page 9 – “Approved Rifle Club”. 4. True – As Chao is under 18 and has a Shotgun Certificate he is only permitted to use the Shotgun for one of the 5 permitted purposes on Page 8 – taking it to university is NOT one of the permitted purposes. 5. True – Lee is using a Shotgun without a certificate. It is not relevant what he is using it for. 12 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Appendix A Schedule 2 Offences Common Law Abduction Administration of drugs with intent to enable or assist the commission of a crime Assault Housebreaking with intent to steal Malicious Mischief Mobbing and rioting Perverting the course of justice Prison breaking and breaking into prison to rescue prisoners Rape Robbery Theft Use of threats with intent to extort money or property Wilful fireraising and culpable and reckless fireraising Statutory Offences Offences against Section 57, Civic Government (Scotland) Act, 1982 Offences against Section 2, 3 or 4, Explosive Substances Act, 1883 Offences against Section 178, Road Traffic Act, 1988 Offences against Sections 90 and 91 Police and Fire Reform (Scotland) Act, 1967 Attempts Attempt to commit any of the offences mentioned in this schedule 13 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Appendix B Section 1 Firearm (ages) With Without Certificate Certificate 14-18 Gun Bearer Slaughtering instrument Member of Offence for Sporting under 18 to approved rifle purposes have club possession, Vermin unless… control, estate At shooting management, gallery Wildlife control Competition purposes including target shooting and clay pigeon Shooting Target and clay pigeon shooting which is not part of a competition Under 14 = No S1 Firearm Over 18 = S1 firearm (certificate/possession) 14 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Appendix B Section 2 Firearm (ages) Possession Gift 15-18 Offence for under It’s an offence for 15 to have any person to gift possession of Under 18 a shotgun to a assembled shotgun, CAN obtain person under 15 unless:- years S2 Shotgun Supervised Certificate The only way a by adult Under 18 young person can 21yrs+ CANNOT possess one is if it The purchase has been loaned shotgun is Shotgun/ to him securely Ammunition fastened gun cover that it cannot be fired 15 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences For further information, use the resources shown below:- Legal Database:- Criminal Law – Firearms and Explosives – Firearms Act 1968 - s.5 - Weapons Subject To General Prohibition Criminal Law – Firearms and Explosives – Firearms Act 1968 - Schedule 2 - Offences To Which Sections 17(2) & 18 Apply Criminal Law – Firearms and Explosives – Air Weapons and Licensing (Scotland) Act 2015 Part 1 - Air Weapons Schedule 1 Review: You can explain the offence committed by a person carrying a firearm in a public place and the offence of trespass whilst in possession of a firearm You can explain your stop and search powers under the Firearms Act 1968 You can state the criminal use of firearms under Section 17 and 18 of the 1968 Act You can state the offence of failing to keep secure or report the loss of an Air Weapon You can explain the common law crime of reckless discharge and the statutory offence of firing an air weapon beyond premises You can state the controls in respect of young people for the following: Section 1 certificated weapons Section 2 certificated weapons Imitation Firearms Air Weapons 16 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 17 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 1.2 Firearms - Offences 18 General Police Duties OFFICIAL