The Firearms Act 1982

AuthorRob Jerrard
Published date01 May 1984
Date01 May 1984
DOIhttp://doi.org/10.1177/002201838404800212
Subject MatterArticle
THE
FIREARMS
ACT
1982
Rob
Jerrard"
This Act came into force on November 1, 1983. Section
l(l)(a)
provides:
"This Act applies to an imitation firearm
if-
(a) it has the appearance of being a firearm to which section 1
of the 1968 Act (firearms requiring a firearm certificate)
applies; and
(b) it is so constructed or adapted as to be readily convertible
into a firearm to which that section applies."
Section 1(6) provides:
"For
the purposes of this section an imitation firearm shall be
regarded as readily convertible into a firearm to which section
1 of the 1968 Act applies
if-
(a) it can be so converted without any special skill on the part
of the person converting it in the construction or adapta-
tion of firearms of any description; and
(b) the work involved in converting it does not require
equipment or tools
other
than such as are in common use
by persons carrying out works of construction and main-
tenance in their own homes."
No guidance isgiven in the Act on what section 1(6) means. What is
the standard of competence to be expected? Atrained engineer
may be far more competent and possess more tools than an office
clerk.
If
a person can show that he did not have sufficient skill or
competence to convert the firearm, has he a defence?
The Home Office have drawn up a set of guidelines, which, as
they correctly state, is not a legal document.
The equipment or tools referred to in section 1(6) are taken to
mean tools and equipment that are normally on sale in retail shops,
do-it-yourself shops
and"
from mail order supplier or discount
catalogues. They include the following: "electrically or hand
powered drills, with or without speed control and with or without a
• LL.B., LL.M., City of London Police.
209

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