loaded mags in public places

[jason airarms tx]

this one is for the precharged brigade,.JUST WONDERING HOW MANY OF YOU REALISE ITS AN OFFENCE OF THE LAW,TOO CARRY A LOADED MAG IN A PUBLIC PLACE ON YOUR PERSON ,CAUSE THE MAG ITSELF IS ACTUALLY CLASSED AS A LOADED WEAPON!!!!! AND WE ARE NOT TALKING ABOUT IT BEING UNLOADED AND IN YOUR RIFLE AS THIS WOULD ALSO MAKE IT CLASSED AS LOADED EVEN WITHOUT A PELLET IN IT (OBVIOUSLY)! BE CAREFULL PEEPS ,WE DONT NEED ANY BAD PRESS,HOWEVER I ASSUME ALL P/WATCH MEMS ARE RESPONSIBLE GOOD PEOPLE

[Beardo]

this applies to all magazine (air and FAC etc.), it is strictly speaking illegal, but it's very unlikely you'd be prosecuted for it

[Dekers]

this applies to all magazine (air and FAC etc.), it is strictly speaking illegal, but it's very unlikely you'd be prosecuted for it

 

 

 

Yep..... tell him not to shout as well please, I've had a tough week...

 

Cheers

[team tractor]

Sorry cant see it. If the mag is stored seperate ie not same slip its not loaded no more than a tin of pellets. I know of people who keep there rim fire mags full but store seperate same as bolt and firearms officer know this and are only bothered about bolt removed. Not saying your lying just i cant see it

[spiceychilli57]

Sorry cant see it. If the mag is stored seperate ie not same slip its not loaded no more than a tin of pellets. I know of people who keep there rim fire mags full but store seperate same as bolt and firearms officer know this and are only bothered about bolt removed. Not saying your lying just i cant see it

 

Yeah i cant really see it either but do you know of any other stupid bits of laws? it is the world we live in

[team tractor]

The laws an ***. According to this if i had a loaded mag in my pocket but no gun i could still be arrested? I can not keep up with any laws and will be arrested shortly i know it through no fault of my own

[Dekers]

Sorry cant see it. If the mag is stored seperate ie not same slip its not loaded no more than a tin of pellets. I know of people who keep there rim fire mags full but store seperate same as bolt and firearms officer know this and are only bothered about bolt removed. Not saying your lying just i cant see it

 

 

It is MORE than a tin of pellets, it is a magazine full of pellets.

 

Daft though it may sound it is true, someone please find the legislation and post it up, it was a long time ago I found this and in honesty I don't know where, help me out someone please!

[Dekers]

The laws an ***. According to this if i had a loaded mag in my pocket but no gun i could still be arrested? I can not keep up with any laws and will be arrested shortly i know it through no fault of my own

 

 

Take a chill pill, you do need to keep up with legislation, like it or not, and this is NOT NEW, it goes back years!

 

Ignorantia juris neminem excusat (look it up)

[rec-baller]

thats me snookered then !!! :yp:

if im out shooting i carry a magazine pouch purpose made for my 10/22 and i have 2 loaded magazines in it,,as far as im concered i know were they are at all times,and i have to park in a farmers yard and walk down a main road to 3 of my feilds

shaun

[HW682]

I would like to see the legislation as well.

A quick look at section 19 of 1968 firearms act gives:

 

19 Carrying firearm in a public place.E+W+S.

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

[F1(a)a loaded shot gun,.

(b)an air weapon (whether loaded or not),.

( c)any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or.

(d)an imitation firearm.].

with a note that it was amended by the Antisocial behaviour act 2003.

 

I often hear people talking about a loaded air rifle magazine being an offence but can't see the clause.

My theory, late on a Friday night, is that until 2003 the Firearms act used to say it was an offence to carry a LOADED air weapon in a public place (without reasonable excuse of course). So at that time, it might have been relevant if carrying a loaded magazine.

Now though it is an offence just to have the air weapon WHETHER IT IS LOADED OR NOT. So now having a loaded magazine doesn't seem to make any difference. The law no longer differentiates between loaded and unloaded.

[FalconFN]

Quite frankly even if it's 'the law' I don't think there will be any danger of arrest as the police, on the whole, take the common sense approach and most won't know what every law, by-law and directive is.

 

I looked up these other daft laws on the internet (so they are probably all wrong):

 

Here is a list of the UK's top 10 most ridiculous British laws :

 

1. It is illegal to die in the Houses of Parliament

 

2. It is an act of treason to place a postage stamp bearing the British king or queen's image upside-down

 

3. It is illegal for a woman to be topless in Liverpool except as a clerk in a tropical fish store

 

4. Eating mince pies on Christmas Day is banned

 

5. If someone knocks on your door in Scotland and requires the use of your toilet, you are required to let them enter

 

6. In the UK a pregnant woman can legally relieve herself anywhere she wants, including in a policeman's helmet

 

7. Any dead whale found on the British coast automatically becomes the King

 

8. It is illegal not to tell the tax man anything you do not want him to know, but legal not to tell him information you do not mind him knowing

 

9. It is illegal to enter the Houses of Parliament wearing a suit of armour

 

10. It is legal to murder a Scotsman within the ancient city walls of York, but only if he is carrying a bow and arrow

[spiceychilli57]

To give you a leg to stand on ive heard of it before but never taken this much notice of it. Airifle lives with empty magazines at home, load magazines when take rifle out, dont leave rifle anywhere not still under my control(such as in hide when picking up query ect) so magazine is with rifle. Same with .22lr but bolt and ammo locked up. Dont have reason to be wandering around with loaded magazine without rifle so doesnt really affect me. Dont really see how it would effect anybody doing the same

[team tractor]

1. It is illegal to die in the Houses of Parliament. Punishable by death i guess:-)

[HW682]

1. It is illegal to die in the Houses of Parliament. Punishable by death i guess:-)

 

 

No...life in prison

[HDAV]

Legal to kill a Welshman within the Walls of Chester city after dark....... However superseded by other legislation the 1968 act counts a magazine as a fire arm loaded mag means loaded gun! But why does everyone miss the real bit "lawful authority or reasonable excuse"

[Billy.]

But why does everyone miss the real bit "lawful authority or reasonable excuse"

 

...Authority to carry one in your pocket in Tescos on the way home from work? It's deemed a loaded weapon, so you'll do well to convince anyone you had lawful authority carrying it anywhere, except in your rifle, on your land.

[farmshooter]

i dont see how this law affects anyone anyway, how many of you carry a mag or gun in a public place?

 

as if your on someones land that you have permission to be on, your on privet land and this does not count as a public place, and also you have a lawful reson to carry a loaded wepon/mag there.

 

FS

[Beardo]

Its the 2003 ASB act

 

There was a thread on it a while ago...

http://forums.pigeonwatch.co.uk/forums/index.php?/topic/71244-storing-rifle-magazines/

[Dekers]

i dont see how this law affects anyone anyway, how many of you carry a mag or gun in a public place?

 

as if your on someones land that you have permission to be on, your on privet land and this does not count as a public place, and also you have a lawful reson to carry a loaded wepon/mag there.

 

FS

 

 

It's the trip too and from your land for many..and of course the stop off at the garage, fag shop, pub, whatever, ALL of this is a public place, including the Highways!

 

The reality is we are debating something (the loaded magazine OUT of the gun) which is unlikely to get many in any trouble, worth knowing nevertheless.

 

Loaded mag IN a gun is likely to be a VERY different prospect!

[stevie_k]

i go to york couple of times a year my birthday, our lasses birthday etc. The next time i go ill take my bow and arrows...............WATCH OUT SCOTSMEN! LOL

[sitsinhedges]

Come on then, show me the legislation that says it is illegal to have a loaded magazine in your pocket

[HDAV]

Come on then, show me the legislation that says it is illegal to have a loaded magazine in your pocket

Nope cant find anything about magazine in your pocket

 

Still confused about "in public place" presumably this means un slipped! doesnt say that anywhere tho....

 

37Possession of air weapon or imitation firearm in public place

 

(1)In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public place) for the words from “a loaded shot gun” to the end of the section substitute—

 

“(a)a loaded shot gun,

 

(b)an air weapon (whether loaded or not),

 

©any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

 

(d)an imitation firearm.”

 

(2)In Part I of Schedule 6 to that Act (punishment) in the entry relating to section 19—

 

(a)in the second column (general nature of offence) for “loaded firearm” substitute “ firearm or imitation firearm”, and

 

(b)in the third column (mode of prosecution) after “not” insert “ in the case of an imitation firearm or”.

 

(3)The following shall be inserted after paragraph 5 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences)—

 

“Firearms Act 1968

5A An offence under section 19 of the Firearms Act 1968 (carrying firearm or imitation firearm in public place) in respect of an air weapon or imitation firearm.”

 

 

Bssically they faffed with the 1968 act changing some wording but it still stands!

 

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

 

SO one must have lawful authority or reasonable excuse the burden of which falls to the individual to prove.

 

There is of course no definition of lawful authority or reasonable excuse. And of course no mention of slips. from the above it would seem carrying an unslipped but unloaded shot gun is perfectly legal but an unslipped and unloaded air gun isnt....

 

Edited to correct error

Edited April 16, 2011 by HDAV

[HW682]

Its the 2003 ASB act

 

http://forums.pigeonwatch.co.uk/forums/index.php?/topic/71244-storing-rifle-magazines/

 

This just confues things rather than clarifies them.

From the thread referred to there is a quote which is from section 57 of the Firearms act (interpretations)(my bold):

( a shot gun or an air weapon shall be deemed to be loaded if

there is ammunition in the chamber or barrel or in any

magazine or other device which is in such a position that the

ammunition can be fed into the chamber or barrel by the

manual or automatic operation of some part of the gun or

weapon.

 

 

From the quote above it seems obvious that it is saying a weapon is loaded if the magazine is loaded and in the weapon, not in your pocket.

 

The ASB 2003 ammended the 1968 Firearms Act so that is now an offence (without excuse etc etc) to have an airweapon in public whether loaded or not.

 

So the way I see it, it currently makes no difference whether the weapon is loaded or not.

Not yet seen any evidence that it is an offence to have a loaded air weapon magazine out of the gun.

 

I am genuinely interested in this. It is often mentioned. When I bought my PCP recently the RFD warned me about it. However, "everyone knows that", or "my mate says..", or even "I read it on a forum" isn't evidence. If this is law, it will be written down somewhere.

 

Edited:found Section 57 as the source of the quote.

Edited April 16, 2011 by HW682

[sitsinhedges]

Thats the section 19 of the 1968 act (a loaded magazine is counted the same as a loaded gun even when the magazine is not in the gun)

 

ITs designed to allow you to carry your unloaded magazine to permission/range etc

 

 

 

 

 

 

Bssically they faffed with the 1968 act changing some wording but it still stands!

 

 

 

SO one must have lawful authority or reasonable excuse the burden of which falls to the individual to prove.

 

There is of course no definition of lawful authority or reasonable excuse. And of course no mention of slips. from the above it would seem carrying an unslipped but unloaded shot gun is perfectly legal but an unslipped and unloaded air gun isnt....

 

That has nothing to do with carrying a loaded magazine in your pocket

[sitsinhedges]

Having a loaded magazine in your pocket is no different to having a tin of pellets in the same place.

 

I really would like to see the legislation to back up this myth.