daft question but........

[Guest hyperion]

right here goes and i hope this makes sense!!

 

an air weapon (rifle in this case) that is with in the legal limit i.e not capable of exceeding 12 ft/lbs is not classed as a section one firearm although any offence comitted with said air weapon would be dealt with under exsisting firearms law?????

 

if you are on land with out permission with an air weapon its ARMED TRESPASS not TRESPASS WITH A FIREARM?????

 

what is the definition of a section one firearm??

 

and has any one got any clear and helpfull links??

 

before any one asks no ive not been silly i just want to check my facts are right

 

cheers

hyperion

[Phantom 631]

before any one asks no ive not been silly i just want to check my facts are right before I do

 

cheers

hyperion

 

Sorry mate, the voices made me do it

 

Phantom

[furdy 0]

If you go into or onto a public place with a legally powered airgun you will be committing an airgun related offence not a firearms offence. Public places are anywhere the public has a right to go, bridleways across private land are public places, so if you were trespassing on private land and were caught shooting from a bridleway the more serious offence of using an airgun in a public place would apply. You are not even allowed to carry a covered gun without good reason, you cant just take your gun for a walk because you love it so much. Even if you have a good reason and the gun is covered it should not be loaded. That includes having a magazine in place even if the gun isnt cocked or a pellet been cycled into the breach. The statute penalty is 6 months inprisonment and/or £5000 fine.

 

If you get caught on private land with a legal airgun you will be committing the offence of armed trespass. The statute sentence is 3 months imprisonment and/or £2500 fine.

 

In reality, if you were just mooching around the local woods where hardly anyone goes, you would be unlikely to be sent to prison. The law allows a certain amount of discretion and if you were obviously just being a pain the sentence would probably reflect that. On the other hand, if you were brandishing an airgun in the local precinct threatening to shoot every traffic warden you see, you'd be on your way to jail.

[Phantom 631]

There is no such thing as an airgun offence, airguns are in the eyes of the law a "FireArm" and ANY offence even with an air gun or RIF (spud guns included!) is dealt with as a firearm.

 

Phantom

[ArchieHood 3,692]

the classification of a firearm is a weapon that is capable of firing a projectile by using explosives as a propellant and a air rifle by that of compressed air, so to class a 12lb+ air rifle to a person of "limited" intelligence as a firearm would carry no foundation for prosecution in a trespass case .Knowing a good lawyer would deem the classification as confusing ,it would never get to the CPS.

[furdy 0]

There is no such thing as an airgun offence, airguns are in the eyes of the law a "FireArm" and ANY offence even with an air gun or RIF (spud guns included!) is dealt with as a firearm.

 

Phantom

 

http://www.sussex.police.uk/online_forms/f...ms_new_laws.asp

 

Most of the above relate specifically to the use of airguns....... and when you break them you are committing an airgun offence.

 

Get caught in the park with an airgun and its unlikely you'll go to prison. Get caught with a firearm and you will.

[Phantom 631]

There is no such thing as an airgun offence, airguns are in the eyes of the law a "FireArm" and ANY offence even with an air gun or RIF (spud guns included!) is dealt with as a firearm.

 

Phantom

 

http://www.sussex.police.uk/online_forms/f...ms_new_laws.asp

 

Most of the above relate specifically to the use of airguns....... and when you break them you are committing an airgun offence.

 

Get caught in the park with an airgun and its unlikely you'll go to prison. Get caught with a firearm and you will.

 

Although it is "unlikely" you will go to prison for having an airgun in the park it is a very real possibility

 

According to the lawyers at BASC

 

"The law makes no distinction between air rifles and more powerful guns for which you need a licence – they are all classed as firearms. This means that any offence you commit can carry a very heavy penalty – and there are at least 38 different offences."

 

Phantom

[ArchieHood 3,692]

The Penalties for breaking current UK firearms laws with Airguns are as follows:-

Carrying a loaded Air-weapon in a public place 6 months imprisonment and / or £5,000 fine.

Trespassing with an air weapon 3 months imprisonment and / or £2,500 fine.

Trespassing on private land with an air weapon 3 months imprisonment and / or £2,500 fine.

Possessing or using an air weapon if sentenced to 3 months or more in custody 3 months imprisonment and / or £2,500 fine.

In addition if original sentence up to 3 years 5 year ban on use of firearms.

Or if for 3 years or more Life ban on use of firearms.

Killing or injuring any bird or protected animal unless authorised £5,000 fine.

Firing an air weapon within 15m / 50ft of a public highway £1,000 fine.

Selling or hiring air weapon or ammunition to person under 18 6 months imprisonment and / or £5,000 fine.

Making a gift of air weapon or ammunition to person under 14 £1,000 fine.

Having air weapon or ammunition with intent to damage property 10 years imprisonment.

Having air weapon with intent to endanger life Life imprisonment and / or appropriate fine.

Using air weapon to resist or prevent arrest Life imprisonment and / or appropriate fine.

Threatening others with an air weapon (even if unloaded) to cause them to fear unlawful violence 10 years imprisonment and / or appropriate fine.

Not forgetting the chance of being shot and killed by the police should you not obey instructions when challenged by them, they cannot tell if you have just an airgun or a more lethal firearm so will treat all arms as lethal and respond accordingly....................PHEW

[furdy 0]

They are all maximum penalties not mandatory penalties. discharging an airgun within 50 ft of the centre of a public highway is only an offence if it causes a nuisance.

 

There are 120 pages in the Firearms act. There are plenty of specific entries relating to air gun offences, when I get some time I'll go through it and list the relevant sections just for anyone as a reference.

 

Interestingly, definition of a firearm in certain circumstances for legal purposes is a little more tricky, which can only be decided by a court.

 

I'm not trying to skirt the issue but am busy for a couple of days, but if you want to pick it over for yourselves the whole act can be downloaded from the basc firearms section. Pay particular attention to the listed penalties where airguns are seperated from other firearms for the pupose of sentencing.