On initial reading of the limited info,... If it was an obsolete calibre, & He genuinely believed it inactive/inoperative, HHMMnn!, maybe He should have got himself a certificate of de- activation, as He is a shotgunner He would /should know this?... perhaps a suspended might have served?............ even de acs can be used to threaten a potential robbery victim.
(The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!
MAY be an an obsolete Section 58 caliber??
Last edited by saddler; 01-02-2013 at 16:43.
Without seeing the pistol one cannot comment on if it was an obsolete one or not. One thing is certain that one cannot rely upon the Police to know nor to act within the law in such cases their own agenda takes prime place.
The judiciary does seem to be coming to something of a watershed where "strict liability" offences are concerned, at the moment.
I'm not sure why possession of the particular "antique" revolver in question actually contravened the 1968 firearms act. Clearly, the court believed that it did, even though it's possession without ammo and it's open display as an "ornament" and "curiosity" all suggest that the act doesn't apply. Interesting... when viewed in the context of Paragraph 2:25 of the Firearms Guidance to Police (2002)...
IF the revolver IS a S.58 Obsolete Caliber = then lack of knowledge on the part of the Police/Procurator Fiscal is one thing, but as soon as the details relating to S.58 were read out then the case should have been thrown out
Very difficult to say without more info on the actual revolver...as the Belgians were noted for making back street copies of main firm firearms
EDIT: Not that long ago Northumbria prosecuted someone for possesion of Sterling SMG magazines, among other offences. He was found guilty of the charge!!
Last edited by saddler; 01-02-2013 at 17:10.
.308, because if I want to watch something run away, I'll take my dog for a walk.
Original post asked for thoughts - and I think we all appreciate thats as much as anyone can forward given we simply do not have the details - either of the pistol in question or the circumstances.
May be a bit divergent, but my ( Andy again ) honest thoughts are - until such time as humanity develops some way of creating and wording legislation that is clear, plain, understood by all and achieves it's actual intent without unintended consequences and is intrinsically 'just' ( I believe we are quite some way off that! ); we need the whole chain of the legal profession - police, prosecutors, solicitors, barristers and judges to exercise and display a huge degree of common sense and wisdom; in each and every case - again, anyone think we are there yet?
We don not have the facts, so strictly guessing based on the story told - but I suspect that the outcome would have been different if the gentleman had employed high calibre ( pun intended ) solicitors and expert testimony.
Stalking and Courses http://www.stalkingschool.co.ukBASC Approved Trainer & Assessor. Cairngorm National Park Authority Approved Supplier. Supported by Sauer Arms
See you at Kelso, Scone & Moy 2016