Index
Author | Laura Saunsbury/Nick Doherty |
Pages | 277-291 |
Index
References are to page numbers.
Accessory to firearm flash hider 7 meaning 6–7 sound moderator 7
Air weapon
adjustments to, effect 42 certificate, need for see under Firearm certificate
compressed carbon dioxide, powered by 39, 42
dieseling, effect 42
higher category, placement into 42 possession as strict liability offence
42
specially dangerous 39, 43
Airsoft gun
flash hider on end of firearm 7 meaning 4
Ammunition
antique firearm, for
certificate requirement for 18 effect of possession of 17
any firearm, for 11
component parts 12
European Firearms Pass 135 meaning 11
muzzle-loading pistol clubs 49–51 parts of: meaning 11
pawn, offence of taking in 79 prohibited
component parts 12
generally 12
rifle clubs 49–51
section 1 ammunition
deactivation, destruction or loss 78
limits on quantity of 75 meaning 44
repair, test or proof 80
sale or transfer 75–9
work on 80
security see Security
shotgun see under Shotgun storage see under Security unlawful possession of see under
Criminal offence
young person, handling by 79 Animals
game see Game
poaching see Poaching
protected see Protected birds and animals
shooting see under Game
wild see generally under Protected birds and animals
Antique firearm
ammunition for
certificate requirement for 18 effect of possession of 17 burden of proof 17
certificate
criteria for grant of 16
free, provision of 16
refusal or non-renewal 16 requirement for 15–16
change of status as 17 consultation process 14
curiosity or ornament, where 17 exception to control provisions 13–
18
excluded firearms 257–8
278 The Firearms Law Handbook
Antique firearm (continued)
free certificate 16
future controls, likely 14, 15 historic handguns, and 17–18
Home Office guidance to police 257–
8
increased use in crime 13
Law Commission recommendation
13
meaning 13–14, 257
modern reproduction of 17
‘not to be fired’ condition attached to
17
offence, possession as 16–17 question of fact for jury 17 Regulations, power to make 14 transfer 16
Appeal
civil proceedings, as 102 conditions, against decision to impose
99
costs
application for 119
avoiding 120
award on court’s own initiative 119 court’s discretion to award 119 CPR 2015, and 119
criminal ‘mentions’ adding to 108 generally 119–20
in cause 119
insurance schemes to cover 120 legal aid, lack of 119
police
from, recovery 119
to, payment 120
removal of prohibition, where
119–20
wasted 119
directions and documents
failure to comply with directions 108 generally 104–8
timetable of directions 108
see also evidence below
evidence
appellant trying to serve first 108 consideration of 102
disclosure 104, 107
early disclosure 104 exchange of evidence, timing of
104
generally 109, 110
hearsay 107, 109
mutual exchange of bundles 107 presentation, judicial guidance as to
105–6
generally 100
good reason, lack of
collection of guns or ammunition, having 118
common subject areas 116–18 duplicate guns 116
firearms certificates, and 115 generally 115–19
information, provision of 116, 119 land, use of 116–17
overseas use 117
pistols 118–19
practical shotgun 118
principles to bear in mind 115–16 quarry, type of 117
question of fact, as 115
target shooting 117–18
hearing, procedure at
evidence see evidence above generally 109–10
issues for court’s consideration danger to public safety or peace
111
fitness to be entrusted with firearm
111–12
generally 110
good reason, lack of see good reason, lack of above intemperate habits 112–13
lack of co-operation with licensing authority 113–14
security conditions, breach of 113 social media, use of 114–15 unsoundness of mind 113 judicial guidance 105–8
judicial review, and 99–100
legal aid, lack of 119
police reluctance to seize weapons during 100
process
directions and documents see directions and documents above
generally 101–2
refusal to grant certificate, against 70 revocation, against 99
section 44 appeal
generally 102
inter parties proceedings, as 104 on the merits 102–3
surrender of certificate 99
time limit for 101
variation, against 99
weapons, dealing with after 100
Birds
game see Game
poaching see Poaching protected see Protected birds and animals
shooting see under Game
wild see Protected birds and animals
(Wildlife and Countryside Act 1981)
Control provisions
defectively deactivated firearms see under Deactivated firearm
exceptions
antique firearms 13–18
law enforcement agencies 18 Officers of the French Republic 18 persons in the service of Her Majesty
18
proving firearms 12–13 Criminal offence
bladed articles 227
cemeteries and burial grounds, shooting in 232
certificates, regulatory offences as to
233–4
conversion of firearm
imitation firearms, possessing articles for use in 219 penalty 219
drunk in possession of loaded firearm
233
fear of violence, possession with intent to cause 233
generally 211–12
highway, shooting on or near 230–
2
minding a weapon 218–19 penalties
conversion of firearm 219 exceptional circumstances to avoid
211
generally 211–12
minding a weapon 218–19 prohibited weapons, manufacture and supply 220
unlawful dealing in firearms 219 unlawful possession of firearms and ammunition 215–18 premises, shooting beyond 232 prohibited ammunition see under
Prohibited ammunition (section 5 authority)
prohibited from possessing firearms, possession where 226 prohibited weapons, manufacture and supply 220
protected birds and animals see under
Protected birds and animals (Conservation of Seals Act 1980; Deer Act 1991; Marine (Scotland) Act 2010; Protection of Badgers Act 1992; Wildlife and Countryside Act 1981)
public place, having offensive weapons in 226–7
trespassing with a firearm 227–9 trespassing with a weapon of offence
229–30
unlawful dealing in firearms 219–20 unlawful possession of firearms and ammunition
aggravated form 216
Brococks 217
burden of proof 215
CS gas canister 217
forward venting blank firing pistols
217–18 generally 212–13
280 The Firearms Law Handbook
Criminal offence (continued) unlawful possession of firearms and ammunition (continued)
penalties 215–18
possession
breach of certificate condition, effect 218
burden of proof 215
control of item, whether having 214 custodial 214
dual 214
exceptions and defences 214–15 generally 213–14
given to dealer, etc on expiry of certificate 214
lacking knowledge of 214
stun gun 217
use of firearms
arrest, possession to resist 221 generally 221
indictable offence, possession with intent to commit 222
intent to endanger life, possession with 221
public place, carrying firearm in
222–5
unlawful violence, exciting fear of
221
young people, as to see under Young person
Deactivated firearm
approved standard, use of 8 defectively deactivated continued possession 9 controls on 8
death of owner 9
EU Directive as to 10 legislation 8, 9, 10 meaning 9
offence, whether possession constituting 9, 10
questions of fact 9–10 technical specifications see specifications below transfer
commission of offence 9
museum, to 10
outside EU 9
penalty for 8
permitted, where 9
EU Directive as to 10
generally 7–8
mandatory scheme 8 specifications
compliance with 9, 10
EU Specifications 10
future Specifications 11
Proof Houses 10
publication of 9, 10
transfer see under defectively deactivated above
Definitions
ammunition 11
component parts of ammunition 12 firearm see Firearm (meaning)
European Firearms Pass
ammunition, right to carry 135 Brexit, possible effect 134...
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