hedd-wyn Posted March 5, 2014 Report Share Posted March 5, 2014 Can you legally purchase and use a sub 12lb air rifle if you have firearms offence on your record? Reason I ask, there's a fella I know who was caught in possession of a shotgun (on land with permission) but had no SGC about 10 years ago. He was given 2 years probation and banned from ever possessing a firearms or shotgun. I was chatting to him and was not sure where he stood in regards to air rifles. Anybody have any idea? Quote Link to comment Share on other sites More sharing options...
tomblincoe Posted March 5, 2014 Report Share Posted March 5, 2014 There is no licensing requirements for sub 12 ft/lb air rifles so it shouldn't be a problem. Tom Quote Link to comment Share on other sites More sharing options...
aga man Posted March 5, 2014 Report Share Posted March 5, 2014 any one over the age of 18 can purchase a sub 12ft with no questions of offences/ mental health etc as i understand it. Quote Link to comment Share on other sites More sharing options...
ordnance Posted March 5, 2014 Report Share Posted March 5, 2014 There is no licensing requirements for sub 12 ft/lb air rifles so it shouldn't be a problem. As long as you don't live in N Ireland were a air rifle is classed as a firearm, requiring a FAC. Quote Link to comment Share on other sites More sharing options...
Cottonseed Posted March 5, 2014 Report Share Posted March 5, 2014 (edited) My understanding is that you are banned for life from owning any sort of firearm, including airguns, if you've been sentenced to three years or morein prison. Between three months and three years you are banned from ownership for five years. I've never heard of anyone being banned for life for not having a certificate. Even the Home Secretary who banned semi-auto centre -fires and made us lock up our shotguns and report transfers of shotguns was only fined a fiver for not having a shotgun certificate! Edited March 5, 2014 by Cottonseed Quote Link to comment Share on other sites More sharing options...
robbiep Posted March 5, 2014 Report Share Posted March 5, 2014 I think he needs to see the actual full sentence passed down by the court, tbh. By the fact of him being banned from SG or FA, he may have been made a prohibited person Quote Link to comment Share on other sites More sharing options...
evo Posted March 5, 2014 Report Share Posted March 5, 2014 Can you legally purchase and use a sub 12lb air rifle if you have firearms offence on your record? Reason I ask, there's a fella I know who was caught in possession of a shotgun (on land with permission) but had no SGC about 10 years ago. He was given 2 years probation and banned from ever possessing a firearms or shotgun. I was chatting to him and was not sure where he stood in regards to air rifles. Anybody have any idea? I take it he was on the land with permission with a shotgun but not with a licence holder(sgc), because it is not illegal to shoot or have a shotgun on land where you have permission unless you are out of sight and or contact of the land owner or the person whom has the licence/shooting rights, judging by what you have said it doesn,t sound very good, best thing to do is get him to ring his local firearms department and speak with them, they will know if he is banned for life or not, atb Evo Quote Link to comment Share on other sites More sharing options...
Steel100 Posted March 5, 2014 Report Share Posted March 5, 2014 IF he is a 'prohibited person' within the meaning of the Act then, that specifically, INCLUDES air guns. Therefore, he would be breaking the law if he was in possession of an air gun. However, depending upon the length of sentence, the prohibition may not be permanent. He needs to seek clarification. Quote Link to comment Share on other sites More sharing options...
stan68 Posted March 6, 2014 Report Share Posted March 6, 2014 sounds like his permission was a bank!! Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted March 6, 2014 Report Share Posted March 6, 2014 I think there may well be more to this story! Quote Link to comment Share on other sites More sharing options...
hedd-wyn Posted March 6, 2014 Author Report Share Posted March 6, 2014 I think there may well be more to this story! Probably is Columbo, but that's all I know I'm afraid. Quote Link to comment Share on other sites More sharing options...
dougall Posted March 6, 2014 Report Share Posted March 6, 2014 my understanding is in law an airgun is classified as a firearm.......whilst he could easily purchase an airgun,I would think if he was found in possession of it or had 'an incident' he would be in trouble....also I find it hard to understand how he was prosecuted in the 1st instance as shooting on land with permission and presumably with the landowner confirming that fact would most unlikely lead to a prosecution even with the 'wooly' under the supervision of the landowner clause.... Quote Link to comment Share on other sites More sharing options...
NickB65 Posted March 6, 2014 Report Share Posted March 6, 2014 If someone if convicted of a firearms offence then they are banned from owning a firearm which includes any air rifle. It is a bit daft as anyone over 18 can go and buy an air rifle with little effort and no checks but if you are banned from owning a firearms and caught with an air rifle then the punishment will be prison. If in doubt ask the fire arms officer and get it in writing if they say it is ok. Quote Link to comment Share on other sites More sharing options...
Kes Posted March 6, 2014 Report Share Posted March 6, 2014 My understanding is that you are banned for life from owning any sort of firearm, including airguns, if you've been sentenced to three years or morein prison. Between three months and three years you are banned from ownership for five years. I've never heard of anyone being banned for life for not having a certificate. Even the Home Secretary who banned semi-auto centre -fires and made us lock up our shotguns and report transfers of shotguns was only fined a fiver for not having a shotgun certificate! +1 I suspect the full facts have not been divulged to the OP. Quote Link to comment Share on other sites More sharing options...
hedd-wyn Posted March 6, 2014 Author Report Share Posted March 6, 2014 my understanding is in law an airgun is classified as a firearm.......whilst he could easily purchase an airgun,I would think if he was found in possession of it or had 'an incident' he would be in trouble....also I find it hard to understand how he was prosecuted in the 1st instance as shooting on land with permission and presumably with the landowner confirming that fact would most unlikely lead to a prosecution even with the 'wooly' under the supervision of the landowner clause.... This was my thought from the beginning to be honest and a very sensible answer. From what I was told he was not with the land owner when the police turned up and he was not the owner of the shotgun. However out of curiosity I called the Firearms Department this morning they suggested that he contacted his local air rifle club to see if they would be willing to let him join or not. Either way I was not given a definitive answer weather someone with a firearms offence would be allowed to purchase or use an air rifle so seems like another a grey area. Thanks for the input, I find this very interesting. Quote Link to comment Share on other sites More sharing options...
Harnser Posted March 6, 2014 Report Share Posted March 6, 2014 (edited) Any body subjected to a fire arms ban includes all air weapons .Their is no Grey area ,the act is very definitive .The only way around the ban is to make an appeal to the crown court . Harnser. Edited March 6, 2014 by Harnser Quote Link to comment Share on other sites More sharing options...
hedd-wyn Posted March 6, 2014 Author Report Share Posted March 6, 2014 Any body subjected to a fire arms ban includes all air weapons .Their is no Grey area ,the act is very definitive .The only way around the ban is to make an appeal to the crown court . Harnser. Thanks for clearing that up Harnser Quote Link to comment Share on other sites More sharing options...
Dekers Posted March 6, 2014 Report Share Posted March 6, 2014 "2 years probation and banned from ever possessing a firearms or shotgun" That sounds odd! Quote Link to comment Share on other sites More sharing options...
guinty1 Posted March 6, 2014 Report Share Posted March 6, 2014 Section 21 of the firearms act 68 defines a prohibited person. Put simply a person who has been sentenced to between 3 months and 3 years will be banned from possessing a firearm or ammunition for a period of 5 years and person sentenced to three or more years will be banned for life. So this would include an air rifle as caught by section 57(1) and air rifle pellets section 57(2). But not soft air if under 1 joule or 0.74ft lb, (Scotland)these are 57(4) imitation firearms. Quote Link to comment Share on other sites More sharing options...
Dekers Posted March 6, 2014 Report Share Posted March 6, 2014 Section 21 of the firearms act 68 defines a prohibited person. Put simply a person who has been sentenced to between 3 months and 3 years will be banned from possessing a firearm or ammunition for a period of 5 years and person sentenced to three or more years will be banned for life. So this would include an air rifle as caught by section 57(1) and air rifle pellets section 57(2). But not soft air if under 1 joule or 0.74ft lb, (Scotland)these are 57(4) imitation firearms. Those are mandatory bans after certain prison sentences, the courts are able to ban individuals for many things should they see fit, so that only goes so far! Quote Link to comment Share on other sites More sharing options...
pstenson123 Posted March 6, 2014 Report Share Posted March 6, 2014 A few years ago a mate of mine got away with being in possession of a firearm within 5 years of release of prison & pleaded ignorant even though he knew he was in the wrong & pleaded not guilty in court saying he understood that a firearm was a weapon firing a projectile caused by an explosion, case was adjourned a fortnight & GOT A WALK OUT. So what is a air rifle classed as?? What does it define in a dictionary?? ATB Paul Quote Link to comment Share on other sites More sharing options...
HDAV Posted March 6, 2014 Report Share Posted March 6, 2014 (edited) There is no licensing requirements for sub 12 ft/lb air rifles so it shouldn't be a problem. Tom any one over the age of 18 can purchase a sub 12ft with no questions of offences/ mental health etc as i understand it. Unless a "prohibited person" IF he is a 'prohibited person' within the meaning of the Act then, that specifically, INCLUDES air guns. Therefore, he would be breaking the law if he was in possession of an air gun. However, depending upon the length of sentence, the prohibition may not be permanent. He needs to seek clarification. Indeed. A few years ago a mate of mine got away with being in possession of a firearm within 5 years of release of prison & pleaded ignorant even though he knew he was in the wrong & pleaded not guilty in court saying he understood that a firearm was a weapon firing a projectile caused by an explosion, case was adjourned a fortnight & GOT A WALK OUT. So what is a air rifle classed as?? What does it define in a dictionary?? ATB Paul Firearms act is quite clear otherwise there could be no power limit on Air Rifles/Pistols...... EDIT: hmm perhaps not so clear Section 21 deals with prohibited persons http://www.legislation.gov.uk/ukpga/1968/27/section/21 Edited March 6, 2014 by HDAV Quote Link to comment Share on other sites More sharing options...
204 rem Posted March 6, 2014 Report Share Posted March 6, 2014 I personally wouldn't risk it .he could always check with the police to be safe Quote Link to comment Share on other sites More sharing options...
Harnser Posted March 7, 2014 Report Share Posted March 7, 2014 When a person is discharged from prison and comes under the fire arms ban he is read the act by a member of staff and given a copy of the act . He then has to sign a form that he has been read the act and that he understands it . all air guns and replicas are included in the ban . Harnser. Quote Link to comment Share on other sites More sharing options...
maxus77 Posted March 7, 2014 Report Share Posted March 7, 2014 my friend lost his ticket last year and has been told he cant own any firearms including air rifle until he is allowed to reapply in 5 years time as above pretty sure if your convicted you are then excluded to hold even air rifle until time spent , id say speak to force in question or basc if a member Quote Link to comment Share on other sites More sharing options...
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