NCJ Number
80916
Date Published
1981
Length
295 pages
Annotation
Firearms law in England and Scotland is presented and interpreted.
Abstract
The 1968 Firearms Act consolidates current law relating to firearms. The principal section of the act prohibits, in wide terms, the possession of firearms and ammunition. There is no indication of a required mental element in the offense. The courts have tended to interpret 'possession' of a firearm as not only having it on the person but also being the most recent purchaser of a firearm, whether or not it is being carried with or on the person. Weapons exempted from the act are an antique firearm possessed as a curiosity or ornament, shotguns, and air guns. Ammunition excluded includes cartridges containing five or more shot, none of which exceed .36 inches in diameter; ammunition for air guns; and blank cartridges not more than 1 inch in diameter. Persons excluded from the act are holders of firearms permits, registered firearms dealers, and auctioneers, carriers, or warehouse employees. Permissions for firearms possession are in six main categories: (1) a certificate granted for the possession, purchase, or acquisition of firearms and ammunition; (2) shotgun certificates; (3) visitors' shotgun certificates; (4) registration as a firearms dealer; (5) police permits for the possession, purchase, or acquisition of firearms and ammunition; and (6) authority granted by the Secretary of State to possess, purchase, or acquire prohibited weapons. Other topics discussed are procedures for the registration and notification of transactions in firearms, prevention of crime and preservation of public safety, enforcement, offenses relating to firearms other than those prescribed by the Firearms Act, and the game laws. Apended are brief descriptions of precedents for charges under the Firearms Act and a presentation of the punishment and procedure of the 1968 Firearms Act. A subject index and a table of statutes are provided.