That is something I was wondering about the other day, can an ordinary PC take your firearm into their possession , after all they do not have an FAC themselves?
BASC Interpretation of yesterday's speech & Stalking
- Thread starter 25 Sharps
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That is something I was wondering about the other day, can an ordinary PC take your firearm into their possession , after all they do not have an FAC themselves?
Yes they can, servicing police officers are exempt from the need to have an FAC when part of their service duty, written in the firearms act somewhere.
Deutsch - Drahthaar
Well-Known Member
Yes they can and its happened to myself before. I got my rifle back the same day but had to go to the next town to collect from the police station.
Stalker62
Well-Known Member
Stalker62
Well-Known Member
Firearms Act 1968 s47
47 Powers of constables to stop and search.
(1)A constable may require any person whom he has reasonable cause to suspect—
(a)of having a firearm, with or without ammunition, with him in a public place; or
(b)to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section,
to hand over the firearm or any ammunition for examination by the constable.
(2)It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable under subsection (1) of this section.
(3)If a constable has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the constable may search that person and may detain him for the purpose of doing so.
(4)If a constable has reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.
(5)For the purpose of exercising the powers conferred by this section a constable may enter any place.
(6)The offences relevant for the purpose of this section are those under sections 18(1) and (2) and 20 of this Act.
That’s why it’s always good to have a spare or 2
Orion
Well-Known Member
Should go down well as a ‘Good Reason’ on the next application for a duplicate calibre - “in case the rozzers seize the other one”.
Frank Homes
Well-Known Member
Police Officers cannot arb
I think you will find that S.48 is more appropriate in these circumstances.
You can read it here.
Firearms Act 1968
An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.
Basically if you have your certificate with you an officer cannot seize your shotgun or firearm.
F
CarlW
Well-Known Member
Police Officers cannot arb
I think you will find that S.48 is more appropriate in these circumstances.
You can read it here.
Firearms Act 1968
An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.www.legislation.gov.uk
Basically if you have your certificate with you an officer cannot seize your shotgun or firearm.
F
'cept presumably if you're in the post office making a large withdrawal...?
Stalker62
Well-Known Member
The reality is the Police will rely on a plethora of legislation to ensure that "if they have reasonable grounds" to suspect blah blah, then you are getting stopped, searched and seized.
AN DU RU FOX
Well-Known Member
Why would they seize anyones stuff, do you go through all this mental preperation every single time you get ready to go shooting ,?you/we are as far as i know law abiding perfectly legal people going about our lawful dutys ,stop flapping around and go and shoot ,except scot/wales/ireland and your own land etc.
Stalker62
Well-Known Member
Once took a phone call from a well spoken member of the public.
He had come into contact with the Police during a trip on the London Underground and obviously there had been an exchange of words. He was following up that encounter with a question to his local Police Station.
"Officer, can you tell me if there is such a thing as the "Ways and Means Act?"
I was not there at the original encounter but that had a ring of truth to it.
He had come into contact with the Police during a trip on the London Underground and obviously there had been an exchange of words. He was following up that encounter with a question to his local Police Station.
"Officer, can you tell me if there is such a thing as the "Ways and Means Act?"
I was not there at the original encounter but that had a ring of truth to it.
Stalker62
Well-Known Member
Forgive me. The point I was trying to make was not to rely on carry your FAC/SGC. If you are up to no good you are in play. If you are not, you are not.
I have been stopped by the Police twice. Both times driving, both times very early morning and carrying rifles.
Both times they have stopped me, I know they have done their checks re the vehicle and the keeper - which will also show me as an FAC/SGC holder.
Neither time did they inspect my rifles. Just seeing a 110 in the wee small hours and checking it had not just been lifted off my drive.
AN DU RU FOX
Well-Known Member
I wasn,t quoting your reply i was typing as you posted ,just trying to point out to some that are panicking for no reason.
Frank Homes
Well-Known Member
In which case what you mean is that they will be looking to 'fit you up.' It's quite simple if you are doing nothing wrong they cannot seize your firearms if you have your certificate with you, and as with your second point having your certificate with you is a safety net and it is up to the individual.
F
Stalker62
Well-Known Member
No Frank, that is the diametric opposite of what I said. I specifically included the phrase "if they have reasonable grounds". The point I was trying (and failing) to make is that if you are up to no good you are coming in. If not then you are not.
Of course carrying your FAC/SGC is a personal choice - I choose not to carry it. Having been stopped (twice) it has not proved a deal breaker. I suspect that since we were all put on the Police National Computer (PNC) as FAC/SGC holders they can do their checks electronically.
Frank Homes
Well-Known Member
It's a shame that your post implies the exact opposite then.
I do carry my FAC in a waterproof ziplock bag in my rifle slip pocket but when I get close to hunting trips abroad (remember when we used to be able to do that!) I then keep it at home and carry a full colour copy of it as if I were to lose or get the original stolen I would never get a replacement reissued in time to make the trip. My feeling is you would need a pretty pedantic Police officer who would impound your rifle as you only had a copy, however not ruling it out. We need to move to a plastics based card like driving licences with a chip in them IMHO
If a constable requires you to surrender your firearm, you have no reason to refuse, unless of course you want to prolong things till the AR vehicle turns up.
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