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NIE - Serious Crime & Other Offences > Firearms & Gun Crime > Flashcards

Firearms & Gun Crime Flashcards

1
Q

Is it possible for more than one person to be in possession of the same article?

A

Yes. For example if one person owns a firearm but the weapon is kept in a friends house then both persons would be in physical possession and control of the weapon.

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2
Q

Definition of ammunition. Means assembled ammunition for any firearm including grenades, bombs etc… It does not include ammunition in an unassembled state such as ???

A

Empty cartridge cases
Components
Ingredients

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3
Q

Possession of a prohibited weapon. If Reggie was asked to deliver something to Ronnie. He doesnt know it is a prohibited weapon. Is he guilty?

A

Yes. (Same as drugs) it is only necessary to prove that Reggie was in possession of something. If that turned out to be a prohibited weapon the offence is complete.

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4
Q

What makes an air weapon especially dangerous?

A

Air pistol memetic energy exceeding 6 feet per lb.
When it is disguised/doubled as another object.
Air weapons kinetic energy exceeds 12 feet per lb.

( 6 DOUBLED 12. )

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5
Q

Definition of a firearm is a lethal barrelled weapon, a prohibited weapon, a competent part in relation to either of them or an accessory to either of them which is either designed or adapted to diminish either ?

A

Noise or flash caused by firing the weapon.

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6
Q

A lethal barrelled weapon is a barrelled weapon from which either a shot, bullet or other missile with a kinetic of ?

A

More than 1 joule at the muzzle of the weapon can be discharged.

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7
Q

The lethal barrelled weapon must be capable of ________ of discharging the shot, bullet or missile.

A

Itself.

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8
Q

Why is a washing up bottle filled with acid not a prohibited weapon?

A

As filling up with acid does not contribute as adapting.

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9
Q

What length in cm must a barrel be to make it a prohibited weapon?

A

A barrel less than 30 cm in length.

OR less than 60 cm in length overall.

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10
Q

Is an electric stun gun considered a prohibited weapon even if it is not working?

A

Yes.

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11
Q

If Tony was found in possession of a silencer or anti-flash device which had been manufactured for a weapon that was in their possession would this count as a firearm?

A

Yes. The weapon that it works with must be in their possession.
If they had a different weapon in their possession then to make the items a firearm it would have to be proved that it could be used with that weapon and they had possession for that purpose.

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12
Q

What is the permitted level of kinetic energy for an air soft gun?
(Single shot weapons)
(Weapons capable of discharging 2 or more missiles)

A
  1. 5 joules.

1. 3 joules.

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13
Q

When will an airssoft gun be a firearm?

A

When the kinetic energy exceeds the permitted level.

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14
Q

For a firearm to be deactivated. 2 factors must be established.

A
  1. The firearm is marked as deactivated by an approved company, denoting its deactivation or approved by security of state.
  2. The company has certified in writing that the work has been carried out.
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15
Q

Ammunition means assembled ammunition from any firearm including -

A

Grenades, bombs, other like missiles or prohibited ammunition.

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16
Q

For possessing or purchasing any prohibited weapons or ammunition it is an offence to either possess, purchase or acquire either without the authority of either??

A

Security of state OR Scottish ministers.

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17
Q

A shotgun is a smooth bore gun which barrel, bore and magazine are all what number and why?

A

2.
Barrel - 2 feet plus (over 24 in)
Bore - 2 inches max
Magazine - 2 cartridges max

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18
Q

Air weapons include any (3) ?

A

Air rifle, air gun, air pistol.

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19
Q

Is an air weapon declared to be especially dangerous?

A

No.

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20
Q

When is an air weapon especially dangerous?

A

( 6 DOUBLED = 12 )
If the air pistols kinetic energy is over 6 ft per lb.
When its disguised / doubled as another object.
When the air weapons kinetic energy is over 12 feet per lb.

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21
Q

Is an underwater spear gun especially dangerous?

A

No.

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22
Q

The definition of section 1 firearms includes all firearms except for ?

A

Shotguns

Air weapons

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23
Q

All ammunition for a firearm is included under the definition of a section 1 firearm except for ?

A

Carriages
Ammunition (for an air weapon)
Blanks

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24
Q

In regards to possession of a firearm without a certificate, what makes this offence aggravated ?

A

Sawn off shot gun.

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25
Q

it is an offence to shorten the barrel of a shot gun to a length less than ?

A

24 inches.

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26
Q

For firing an air weapon beyond premises what age must you be?

A

Any age.

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27
Q

The offence will be commuted if an immigration firearm is converted so that it can be ?

A

Fired.

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28
Q

It is an offence to either manufacture, import, modify or sell a realistic firearm , it has to look…..

A

SO realistic that it is indistinguishable from a real firearm.

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29
Q

When a rifle is borrowed on a private premises, any of the following must be present. HAS.

A

certificate holder
Agent of the certificate holder
Servant of the certificate holder.

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30
Q

Firearms act offences relate to both firearms and imitation firearms except for ?

A

Sec 16 - possession with intent to endanger life.

31
Q

The intent/result rule - all you need is to have a firearm with the intent to do something nasty is there any need for the intended consequence to occur as a result ?

A

No.

32
Q

Possession with intent to endanger life who must they intend to endanger ?

A

Another person or enable another to endanger the life of another.
(There is no need for the result of endangerment to life to arise)

33
Q

Possession with intent to cause fear or violence - is there any need for the result of the belief to be formed by the victim that violence will be used against then or another ?

A

No.

34
Q

If a burglar is disturbed by the homeowner and they threaten to hit them with an immigration firearm unless they leave (assuming force was reasonable) will they commit possession with intent to cause fear of violence?

A

No. The violence threatened must be unlawful, so as to cause injury or damage to property.

35
Q

Hannah’s boyfriend Ashley and her self are both wanted and about to be arrested. She has with her an imitation firearm and is attempting to make use of it to prevent them from getting arrested. Is she guilty of using a firearm to resist arrest?

A

Yes. The arrest/detention must be LAWFUL. This applies for herself and another person.

36
Q

Possession of firearm whilst committing or being arrested for a schedule 1 offence includes? (DART)

A

Damage offences
Assault and abduction offences
Rape offences
Theft offences

37
Q

which 2 offences do not come under DART?

A

GBH with intent

Handling stolen goods

38
Q

Trespassing with firearms in a building includes firearms, imitation firearms and air weapons. Does the person have to have it on them at the time of entry?

A

No. Entering or being in the building will suffice.

39
Q

Is age a consideration with regards to having a firearm in a public place?

A

No.

40
Q

Having a firearm in a public place includes 5 items -

A 
Loaded shotgun.
Firearm (whether loaded or unloaded & suitable ammunition) 
Imitation firearm 
Loaded air weapon
Unloaded aids weapon.
41
Q

Definition of a dangerous weapon (4)

A

Firearms
Offensive weapons
Knives
Blades weapons

42
Q

What is not a dangerous weapon? (3)

A

Air weapons
Component of air weapons
Accessories to air weapons

43
Q

Using someone to mind a dangerous weapon if they use another person to either look after, hide or transport a dangerous weapon for them and they either facilitate, intend to facilitate or make arrangements for…..

A

The weapon to be available for an unlawful purpose.

44
Q

A dangerous weapon will be available if BOTH steps are taken -
The weapon is available to them to take possession of it at a time and place and possession of the weapon at that time and place would either-

A

constitute, be likely to involve or be likely to lead to the commission by them of an offence.

45
Q

Persons prohibited from possessing firearms -
3 years or more ?
3 months to 3 years ?
License or order with a condition not to possess ?

A

Permanent
5 years
Duration of the order

46
Q

When does the prohibited period run from?

A

Date of release

47
Q

A prohibition relates to firearms, ammunition but not….

A

Imitation firearms.

48
Q

Selling or transferring firearms to prohibited persons.
It is an offence for a person to either (5 actions) a firearm or ammunition to or for a person whom they either know or have reasonable grounds to believe are prohibited from having a firearm or ammunition in possession.

A
  • Sell
  • Transfer
  • Repair
  • Test
  • Prove
49
Q

If a constable has reasonable cause to suspect that a person either has with them a firearm in a public place or is committing or about to commit a relevant offence elsewhere than a public place, does the constable have the power to search and detain them?

A

Yes.. they can either search or detain or require them to hand over the firearm and ammunition for examination. Any one failing to hand this over will commit an offence.

50
Q

Does section 47 give officers the power to arrest and enter and search?

A

Section 47 gives officers the power to enter and search but NOT arrest.

51
Q

A constables power to demand to see a certificate of any person in possession of a section 1. Must they suspect or believe they are in possession of this?

A

Believe. Although the belief need not be reasonable.

52
Q

Section 1 is ? (3)

A

Firearm
Shotgun
Ammunition

53
Q

In relation to a constable demanding a firearms certificate , they have 2 powers under this ?

A

Seize and detain the person.

Demand the persons name and address (immediately)

54
Q

A person under 18 must not purchase / hire any ?

A

Firearm or ammunition.

55
Q

A person under 18 must not have with them an air weapon or ammunition for an air weapon UNLESS….

A

They are under the supervision of another who is at least 21 years old.

56
Q

It is an offence to either sell, let, hire, make a gift of, part with possession of either an air weapon or ammunition for an air weapon to a person under -

A
  1. Unless they are under supervision of another who is at least 21 years old.
57
Q

If a person under the age of 18 purchases an imitation firearm who has committed an offence? The seller or the person?

A

Both. The only defence for selling an imitation firearm to a person under the age of 18 is if the vender believe the purchaser was aged 18 or over AND had reasonable grounds for their belief.

58
Q

A person under the age of 15 must not have with them an assembled shot gun unless they are supervised by a person 21 or over or the shotgun is….

A

Securely covered so that it cannot be fired.

59
Q

it is an offence to make a gift of either a shotgun or ammunition to a person under the age of?

A

15.

60
Q

A person under the age of 14 must not have in their possession either a

A

Firearm or ammunition.

61
Q

In regards to making a gift/lending/part with possession of either a firearm or ammunition to a person under the age of 14 there are 2 exceptions…

A

If it relates to sports clubs or shooting clubs.

62
Q

A person transferring a firearm/ammunition by either selling/hiring/lending/giving it to another must adhere to 3 steps - produce a certificate or permit, comply with all the conditions or personally hand it over and MUST give notice to the chief of police within ?

A

7 days.

63
Q

Rat was in a pub, went upstairs, found a loaded air rifle In a bedroom and carried it with him in case he was disturbed. Is he guilty of trespassing with a firearm ?

A

Yes. It can be an air weapon. Doesn’t require him to enter the building with the weapon and includes taking possession of a firearm inside.

64
Q

GANT is stopped in his vehicle after having a car crash and has a broken electric stun gun, machine gun with no trigger on his passenger seat. Would he be done for possession or distributing ammunition or prohibited weapons ?

A

Yes. This is an offence of strict liability. These are prohibited weapons even if they are missing parts.

65
Q

What’s the max kinetic energy allowed before an air weapon is a prohibited weapon ?

A

Pistol 6ft lb

Air weapon 12ft lb

66
Q

If an officer was attending a house party and was told that the guy inside had a pistol and was discussing a robbery. Would he have the power to enter and search for that??

A

Yes. He has the power to enter and search. BUT He has to suspect that the person is going to commit a relevant offence.
Possession of a firearm with intent to commit and indictable offence.
OR
Trespass with firearms in a building.

67
Q

Can a person under 18 ever be sold a folding knife ??

A

Yes a folding knife if the blade is under 3 inches.

Razor only if less than 2 mm of the blade is exposed

68
Q

Someone takes a knife onto college grounds. Is this an offence (having a bladed article on school premises)

A

No. This is not a school for the purpose of this offence. Primary and secondary schools only.

69
Q

To search under criminal justice act on school premises does officer have to be uniform?

A

No

70
Q

Can you search pupils under the school weapons criminal justice act outside school ?

A

No much be on school premises

71
Q

Air rifle must exceed ??

A

12 (to be dangerous)

72
Q

Air pistol must exceed ??

A

6 (to be dangerous)

73
Q

Is it an offence for someone under the age of 15 to be in possession of as assembled shotgun ?

A

Yes
UNLESS -
Their are being supervised by a 21 year old OR the gun is covered / securely fastened so it can’t be fired.

NIE - Serious Crime & Other Offences (13 decks)

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