MPT1 Posted May 26, 2009 Report Share Posted May 26, 2009 My Brother in Law would like to go air gunning but was prohibited in 1979. Would he now be allowed to own/use a sb 12ft.lb air rifle/pistol? Quote Link to comment Share on other sites More sharing options...
hurstpol Posted May 26, 2009 Report Share Posted May 26, 2009 (edited) There is not enough information in the post to make a determination, as for firearms law it depends on a number of factors, i:e the offence, and custodial sentence etc etc, it is usually governed by the rehabilitation of offenders act, but without the details, which I advise you do not post in a public forum you should take advice from your local police station. Edited May 26, 2009 by hurstpol Quote Link to comment Share on other sites More sharing options...
njc110381 Posted May 26, 2009 Report Share Posted May 26, 2009 I'd be tempted to forget the police station and phone your local force and ask to speak to the firearms department. They have more idea what these things mean than the average bobby. :blink: Quote Link to comment Share on other sites More sharing options...
markbivvy Posted May 26, 2009 Report Share Posted May 26, 2009 (edited) it is usually governed by the rehabilitation of offenders act sure this act cant be used where firearms are concerned. • It is an offence to have an air weapon if you are a person prohibited from possessing a firearm by section 21 of the 1968 Act. This section prohibits anyone who has been Sentenced to a custodial sentence of between three months and three years from Possessing an air weapon or other firearm for five years from the date of release. Anyone sentenced to three years or more is prohibited for life. Edited May 26, 2009 by markbivvy Quote Link to comment Share on other sites More sharing options...
poontang Posted May 26, 2009 Report Share Posted May 26, 2009 A section 21 could be anything from being in possession of a firearm illegally, supplying a firearm illegally, blackmail, choking a person............all depends on the Act in which the section 21 occured. They're all serious offences and he should definately speak to his local firearms dept for advice. Quote Link to comment Share on other sites More sharing options...
hurstpol Posted May 26, 2009 Report Share Posted May 26, 2009 it is usually governed by the rehabilitation of offenders act sure this act cant be used where firearms are concerned. I am correct, I do not post unless I am sure, offences under the rehabilitation of offenders act become spent after the sheduled period under the act, notwithstanding that, you must declare all previous convictions when applying for a licence for a firearm, they may be disregarded according to some circumstances but they must be declared, see below notes of guidance re firearms applications "It is not permitted to withhold previous convictions by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 If the exact date cannot be remembered give an approximation as well as the nature of the offence. Not all convictions are relevant but the offender's age when they were committed and the length of time without re-offending are factors which are considered in addition to the seriousness of the offence" Quote Link to comment Share on other sites More sharing options...
markbivvy Posted May 26, 2009 Report Share Posted May 26, 2009 I am correct, I do not post unless I am sure, offences under the rehabilitation of offenders act become spent after the sheduled period under the act, notwithstanding that, you must declare all previous convictions when applying for a licence for a firearm, they may be disregarded according to some circumstances but they must be declared, see below notes of guidance re firearms applications "It is not permitted to withhold previous convictions by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 If the exact date cannot be remembered give an approximation as well as the nature of the offence. Not all convictions are relevant but the offender's age when they were committed and the length of time without re-offending are factors which are considered in addition to the seriousness of the offence" but they must be declared, yes. Quote Link to comment Share on other sites More sharing options...
hurstpol Posted May 26, 2009 Report Share Posted May 26, 2009 Yes thats what I said, you can not hide anything, it will prejudice your application, and we dont want that Quote Link to comment Share on other sites More sharing options...
webber Posted May 26, 2009 Report Share Posted May 26, 2009 If you are a member contact BASC firearms dept. and have full details of your brother in laws offences and sentense to hand. If not a member contact your county police firearms department, with the same information to hand. Then let us all know the outcome. webber Quote Link to comment Share on other sites More sharing options...
webber Posted May 26, 2009 Report Share Posted May 26, 2009 I am correct, I do not post unless I am sure, offences under the rehabilitation of offenders act become spent after the sheduled period under the act, notwithstanding that, you must declare all previous convictions when applying for a licence for a firearm, they may be disregarded according to some circumstances but they must be declared, see below notes of guidance re firearms applications "It is not permitted to withhold previous convictions by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 If the exact date cannot be remembered give an approximation as well as the nature of the offence. Not all convictions are relevant but the offender's age when they were committed and the length of time without re-offending are factors which are considered in addition to the seriousness of the offence" Does this brother in law need an FAC? Is he applying for one? I dont think so. For the second time in as many weeks I think that I find myself agreeing with Markbivvy. webber Quote Link to comment Share on other sites More sharing options...
ST3V3 Posted May 26, 2009 Report Share Posted May 26, 2009 but they must be declared, yes. so do you declare things you are arrested for but released without charge? what if allegations are made but the police dont act on them for what ever reason? as it would still show on your record Quote Link to comment Share on other sites More sharing options...
markbivvy Posted May 26, 2009 Report Share Posted May 26, 2009 so do you declare things you are arrested for but released without charge?what if allegations are made but the police dont act on them for what ever reason? as it would still show on your record you list all convictions, spent current or other wise. Quote Link to comment Share on other sites More sharing options...
ST3V3 Posted May 26, 2009 Report Share Posted May 26, 2009 you list all convictions, spent current or other wise. so if your not charged then are they classed as convictions Quote Link to comment Share on other sites More sharing options...
markbivvy Posted May 26, 2009 Report Share Posted May 26, 2009 so if your not charged then are they classed as convictions :blink:????:lol:??:lol:?? if you are convicted with out being charged, go to see max c. Quote Link to comment Share on other sites More sharing options...
ST3V3 Posted May 26, 2009 Report Share Posted May 26, 2009 so if your not charged then are they classed as convictions:blink:????:lol:??:lol:?? if you are convicted with out being charged, go to see max c. right i'll start again arrested and charged then released and all charges dropped so does it count as a conviction as all charges have been dropped Quote Link to comment Share on other sites More sharing options...
webber Posted May 26, 2009 Report Share Posted May 26, 2009 If charges were dropped how could you be convicted. THINK! webber Quote Link to comment Share on other sites More sharing options...
markbivvy Posted May 26, 2009 Report Share Posted May 26, 2009 arrested and charged then released and all charges dropped so does it count as a conviction as all charges have been dropped no. is there some thing you want to ask please. are you thinking of applying for you fac/sgc. Quote Link to comment Share on other sites More sharing options...
palombier Posted May 26, 2009 Report Share Posted May 26, 2009 MPT1 needs to let us know how long his friend served in prison as MBivvy correctly points out if he served between 3 months and 3 years his prohibition would have ended 5 years from the date of his release. If more than 3 years he would be banned for life which can only be overturned by appeal to the Crown Court. And as he (MPT1) only referred to possessing a non FAC air rifle I don't see where the Rehabilitation of Offenders Act has any relevance as he didn't mention anything about applying for a licence. Regards P Quote Link to comment Share on other sites More sharing options...
ST3V3 Posted May 26, 2009 Report Share Posted May 26, 2009 its not so daft as it will be on your record so all i was saying is would the police look at it Quote Link to comment Share on other sites More sharing options...
hurstpol Posted May 26, 2009 Report Share Posted May 26, 2009 MPT1 needs to let us know how long his friend served in prison as MBivvy correctly points out if he served between 3 months and 3 years his prohibition would have ended 5 years from the date of his release. If more than 3 years he would be banned for life which can only be overturned by appeal to the Crown Court. And as he (MPT1) only referred to possessing a non FAC air rifle I don't see where the Rehabilitation of Offenders Act has any relevance as he didn't mention anything about applying for a licence. Regards P You will find if his conviction falls within the stated criteria, he may not posess any firearm, just because their is no licence for sub 12 ftlbs air weapons does not exempt him from any prohibitions due to qualifying convictions, people get hung up on this licence business, it does not matter a jot, an air rifle pistol or whatever is still a firearm It is an offence under section 21 of the Firearms Act of 1968 as amended, for anyone convicted of a criminal offence, to handle, possess, or shoot a firearm and ammunition (this includes Air Guns) or any componet part therof . If the sentence was for more than three years the prohibition is for life; if less than three years the prohibition is for 5 years (Note: it is the sentence, not the time served, which is the determining factor). It only relates to Convictions................... Quote Link to comment Share on other sites More sharing options...
palombier Posted May 27, 2009 Report Share Posted May 27, 2009 Hurstpol I was well aware that an air rifle and even ammunition are covered by S.21, but you have completely confused the issue in your first and subsequent posts. The original post poses a simple question i.e. If his friend is prohibited can he possess an air rifle- NO, but if he was only prohibited for 5 years then he can. P Quote Link to comment Share on other sites More sharing options...
MJN Posted May 27, 2009 Report Share Posted May 27, 2009 (edited) right i'll start again arrested and charged then released and all charges dropped so does it count as a conviction as all charges have been dropped To be CONVICTED you have to go to court and be found GUILTY. unless you are released with a caution, which is not a conviction but a dirty mark on your record. "In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime." M. Edited May 27, 2009 by MGMan Quote Link to comment Share on other sites More sharing options...
wymberley Posted May 27, 2009 Report Share Posted May 27, 2009 My Brother in Law would like to go air gunning but was prohibited in 1979. Would he now be allowed to own/use a sb 12ft.lb air rifle/pistol? Hi, All,, Just out of interest, I don't currently shoot air guns, but am I not right in thinking that the 12ft lbs legislation for air rifles is actually 6ft lbs when applied to air pistols? Cheers Quote Link to comment Share on other sites More sharing options...
hurstpol Posted May 27, 2009 Report Share Posted May 27, 2009 Hurstpol I was well aware that an air rifle and even ammunition are covered by S.21, but you have completely confused the issue in your first and subsequent posts. The original post poses a simple question i.e. If his friend is prohibited can he possess an air rifle- NO, but if he was only prohibited for 5 years then he can. P How can I confuse the situtation, my advice to him was that there was not sufficient information to make a determination and to go and seek proffesional advice, but other people then opened up the discussion with a load of what if's and but',s read my posts properly I then set out the facts, and said it all depended on the circumstances of any ban or offences, other people then made ill informed statements like they cant see why it relates to air weapons etc, I agin stated the facts. I have not confused anything, I have stated the facts and which I am qualified to do are you? Quote Link to comment Share on other sites More sharing options...
MPT1 Posted May 27, 2009 Author Report Share Posted May 27, 2009 Thank you all for your replies so far. No a FAC is not required just the right to to shoot vermin or targets at a gun club. Quote Link to comment Share on other sites More sharing options...
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