Gun definition

Buchan

Well-Known Member
Is there a legal definition of "gun"? I've not been able to find one.
Firearms act mentions firearms, weapons, airgun, shotgun, but not "gun"

Cropped up in conversation and I didn't know.
 
Interesting question :-| Section 57 of the Firearms Act 1968 makes frequent use of the word gun but only to define other explicit items such as shot guns, etc.

I'm sure several of of more learned legal minds will be along shortly but I fear this is another instance of English "sloppy" use of language..................
 
A true legal deep dive!

The FA 1968 has seen several through-life amendments. The most recent of which (the 1968 Act) was to subsume numerous other legislative provisions for Firearms/Shotguns/Guns/Rifles which were created in silos to make life easier for those enforcing the law. Previously, it used to be the case that you would have separate statutes for each type of 'weapon' (for want of a better term). This is very common for pre-20th century law, and you will see that modern-day legislation looks to try to cast a net over as many statutes in a bid to try and simplify the law both for the benefit of the lay-person and those who enforce it.

The FA 1937 (predecessor of the 1968 Act), encompassed something called the Gun Licence Act 1870. Within this Act, the term 'gun' is given a legal definition, that is:

'In this Act the term "gun" includes a firearm of any description and an air gun or any other kind of gun from which any shot, bullet, or other missile can be discharged..."

(It doesn't take a genius to work out why they didn't stick with this definition when they made the 1968 Act)

Clearly, as the times move on, so do legal definitions, which is why you will see in s57 FA 1968 (and in most post-1950 legislation) there is a section named 'Interpretation'. This is common nowadays as they aim to prevent confusion, often with limited effect, as proven here! Before people get annoyed at this, it's worth bearing in mind that this ambiguity could be advantageous to your case if you find yourself on the wrong side of the law.

From what I can see, "Gun" holds no real legal definition nowadays. I would make this assessment based upon the reason being that most of what we have can be accurately and legally categorised by use of s57 FA 1968.


Hatch
 
Oxford English gives this, "gun is defined as a weapon featuring a metal tube or barrel closed at one end, designed to discharge projectiles (bullets or shells) using explosive force."
It is often defined as a portable firearm (like a pistol or rifle) or a large piece of artillery. It also refers to tools using pressure to propel substances, such as a spray gun.
 
Oxford English gives this, "gun is defined as a weapon featuring a metal tube or barrel closed at one end, designed to discharge projectiles (bullets or shells) using explosive force."
It is often defined as a portable firearm (like a pistol or rifle) or a large piece of artillery. It also refers to tools using pressure to propel substances, such as a spray gun.
So a LAW isn’t a gun, as it’s open at both ends?

 
The Firearms Act uses the term "lethal barrelled weapon".

Thus what you or I might instead call as a "gun" has to have a muzzle energy about what is now greater than one joule and had to have a barrel. Case law has included a spigot as being a "barrel" which is the Singh case (R v Singh (1989) Crim. L.R. 724, CA).

Any "bazooka" or similar is covered as being classed as a rocket launcher under s5(1)(ae) thus "any rocket launcher, or any mortar, for projecting a stabilised missile, other than a launcher or mortar designed for line-throwing or pyrotechnic purposes or as signalling apparatus" so bad luck you Panzerschreck and Carl Gustav fans...that and your LAW.

Even the over barrel adapter for the Lee Enfield No4 to fire the Energa grenade is s5(1)(ae) despite being in form merely a short metal tube as are the earlier "cup" type devices for the SMLE.

So there's a whole long list now is what was once a very short s5 set of definition to encompass the Thatcher 1988 Act, the John Major 1996 Act and the Blair 1996 (No 2) Act and the recent stuff about lever release guns. A far more wordy section that the old s5 that was essentially anything either fully automatic or able to discharge "gas" or any "noxious thing" which was to do really with chemical weapons but caught CO2 guns.


 
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