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Imitation Firearm in a public place


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#1 Jinx20

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Posted 05 January 2010 - 04:01 PM

Good afternoon all, im sure someone has asked this before but as the law is constantly changing i am very confused by the law regarding imitation firearms in a public place. So lets say a person walks down the street carrying an imitation firearm and then hold someone at gun point i was wondering what the primary legislation would be in these circumstances.

Thanks Jinx :eek:

Edited by Jinx20, 05 January 2010 - 04:01 PM.


#2 Damsel

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Posted 05 January 2010 - 04:31 PM

Good afternoon all, im sure someone has asked this before but as the law is constantly changing i am very confused by the law regarding imitation firearms in a public place. So lets say a person walks down the street carrying an imitation firearm and then hold someone at gun point i was wondering what the primary legislation would be in these circumstances.

Thanks Jinx :eek:



Firearms Act 1968, as amended (1994)

16A Possession of firearm with intent to cause fear of violence

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—
(a) by means thereof to cause, or
(b) to enable another person by means thereof to cause,
any person to believe that unlawful violence will be used against him or another person.”



If it were to be used during the commission of a robbery, it would be treated as armed robbery, as if the imitation firearm were a real weapon.

Bearing in mind that the average MOP could not be expected to know the difference between a real, or imitation firearm, you could almost guarantee that an ARV would be dispatched, and the whole thing could go very much downhill (for the holder of the imitation firearm) from that point onwards.


The short advice is: Don't carry an imitation (or real, obviously) firearm in a public place, unless you want to run the risk of things going very badly wrong.

Edited by Damsel, 05 January 2010 - 04:34 PM.


#3 TangoBravoVimto

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Posted 05 January 2010 - 05:57 PM

Firearms Act 1968, as amended (1994)



If it were to be used during the commission of a robbery, it would be treated as armed robbery, as if the imitation firearm were a real weapon.

Bearing in mind that the average MOP could not be expected to know the difference between a real, or imitation firearm, you could almost guarantee that an ARV would be dispatched, and the whole thing could go very much downhill (for the holder of the imitation firearm) from that point onwards.


The short advice is: Don't carry an imitation (or real, obviously) firearm in a public place, unless you want to run the risk of things going very badly wrong.








Quite correct this would (on the face of it) be a 16A offence or an attempt or complete robbery possibly. There is no such specific offence as "armed robbery", however. It is just a sub type of robbery with no specific statutory status.

There is also an offence (someone will find the legislation) of being in possession of an imitation firearm at the time of commiting an schedule 1 (not indictable as a I previously said! that is for the possession with intent offence) offence.

Sufficed to say they will be getting locked up!

Edited by Teleologica, 05 January 2010 - 08:27 PM.


#4 ninetyone

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Posted 05 January 2010 - 06:46 PM

Possession in a public place is S19 and with intent to commit an indictable offence/resist arrest is S18.

http://www.statutela...xtDocId=1628624

Edit: my humble apologies, simple possession is not S16. Not sure what came over me!

Edited by ninetyone, 06 January 2010 - 11:58 AM.


#5 FN21

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Posted 05 January 2010 - 07:46 PM

There are a number of offences which could be charged and no one above is wrong.

In the first instance the subject is merely in possession of an imitation firearm in a public place. Section 16 requires that you prove intent to cause fear of violence or intent to injure. As such a mens rea would need to be proven, probably in interview. It is far more likely that you would end up charging under Section 19 for simple possession.

Once he has pointed the gun at someone, you could choose from numerous additional charges. Robbery (depending on the circs), S.39 Assault without Battery, S.4 Public Order.

As mentioned above an additional charge could be brought of possession of an imitation firearm t the time of committing a schedule 1 offence. The only schedule 1 offence above is Robbery.

You can study the Firearms Act 1968 in full here:

http://www.opsi.gov....a_19680027_en_1

NB, simple possession not in a public place is nothing to do with S.16. If a prohibited weapon it is S.5. Certain firearms S.1 and shotguns S.2.

Edit: addition of last line.

Edited by FN21, 05 January 2010 - 07:48 PM.


#6 ninetyone

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Posted 06 January 2010 - 11:58 AM

I apologise for stating that simple possession was S16, I must have not read it properly.

#7 FN21

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Posted 06 January 2010 - 07:53 PM

I apologise for stating that simple possession was S16, I must have not read it properly.


No apology necessary :eek:

#8 pompeylad999

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Posted 06 January 2010 - 08:07 PM

There is no such specific offence as "armed robbery",



Beat me to it :eek:

#9 Jinx20

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Posted 07 January 2010 - 06:55 PM

Thankyou all very helpful indeed :eek:




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