Loaded Magazines, Travelling/cabinet Ect..

[SportingShooter 0]

 

 

Section 19 of the Firearms Act is quite specific on the matter of carrying firearms in a public place and is the definitive legislation on the matter.

 

19Carrying firearm in a public place.

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

[F45(a)a loaded shot gun,

( an air weapon (whether loaded or not),

©any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

 

(d)an imitation firearm.]

The act defines a public place as so:

“public place” includes any [F178highway][F178road within the meaning of the Roads (Scotland) Act 1984)] and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise;

The act does not differentiate between a charged magazine, loose ammo or ammo in the maker's box.

It also goes on to say:

( a shot gun or an air weapon shall be deemed to be loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun or weapon.

You will have noticed that the law (the Firearms Act) does not mention rifles in the above, therefore, a rifle is not classed as loaded if one has a charged magazine in one's pocket or for that matter in the rifle itself. Nor does the act make any mention of having a rifle slipped in a public place.

Obviously storing a charged magazine in one's safe is perfectly legal.

I would add that common sense may override the above in many circumstances. How I act in the remote countryside is totally different to how I do in a town !!

 

Common sense indeed,

 

That subtle difference of "whether loaded or not" makes a big difference, along with the possession of ammunition regardless of whether it's in the rifle or not.

 

I dare say whilst traveling in your vehicle from one piece of land to another with a loaded magazine in your pocket and a rifle also in the vehicle would be a "reasonable exuse", can't say I'd like to explain that to a Magistrate though.

 

 

Well if you read the Act as written then I don't think you'd need a defence of reasonable excuse - clearly on purely the wording in the Act as reproduced above, having a separate loaded magazine IS prima facie permitted at least for shotguns and air weapons (however read on below).

 

The Act as reproduced above (I haven't checked it so I presume it's an acuurate reproduction) clearly says "if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun"

 

A round in a magazine in a pocket can clearly NOT be fed into the chamber by an operation of some part of the gun (it requires it to be separately attached first). So I'd interpret that on the basis of no further informaton as prima facie meaning that a loaded magazine IS permitted provided it's not attached to the gun whilst in storage or transit (at least for shotguns / air rifles).

 

Given that nothing is stated as being said for Rifles, the question remains open, as it doesindeed for shotguns and air rifles, despite whats just been said above, until it can be established from a suitably qualified legal advisor that the meaning hasn't been clarified elsewhere by case law. There's a danger to relying purely on the Act wording as it's meaning could have been modified elsewhere.

 

Hence why I think this really needs qualified guidance from eg the BASC.

 

 

Which I why I said Rifle in my post,

 

A round in a magazine in your pocket along with the rifle is enough to complete the offence. The magazine of a rifle has no legal standing on it's own at all, it's just a piece of metal. All you need is a rifle and a round for that gun.

 

As Charlie T has quoted

[Alsone 789]

Fair point. i misread that slightly and just focused on what constitutes "loaded".

Edited October 19, 2014 by Alsone