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What
are Imitation Firearms?
Imitation,
or replica firearms, generally fall into two categories:
(a)
Those that can be readily converted into a firearm to
which section 1 of the 1968 Act, (firearms requiring
a firearm certificate) applies, and
(b)
those that cannot.
Those
not requiring certification:
The
latter are not required to be licensed and therefore,
are not subject to most of the regulations regarding
firearms. To all intents and purposes they are treated
as toys or collectibles.
However,
exemption from the certification procedures does not
automatically exempt such a "firearm" from
all the other provisions of the Act, the application
of which should be considered separately.
Those
requiring certification:
Those
that can be readily converted into section 1 firearms
are treated as such and must be held by virtue of a
valid certificate or permit. Other such imitation firearms
may even be section 5 prohibited weapons. For instance,
as handguns, subject to certain exceptions are now prohibited
weapons, such a readily convertible imitation handgun
would also be prohibited.
A
readily convertible replica of a rifle, not subject
to section 5 prohibition, would be a section 1 firearm
and require to be held on a firearm certificate. The
owner would also need to satisfy all the other criteria
regarding section 1 firearms, including his need of
such a weapon.(see "good reason" ).
Section
57 (4) of the 1968 Act includes a definition, which
states -
"Imitation firearm means any thing which has the
appearance of being a firearm
(other than such a weapon as is mentioned in section
5 (1)(b) of this Act) whether or not it is capable of
discharging any shot, bullet or other missile."
Imitation
firearms may also be made, adapted or converted to be
capable of firing blank ammunition. (see "What
is a blank firing weapon?")
The
Firearms Act 1982
The
Firearms Act 1982 provides control of those imitation
firearms readily convertible into firearms to which
section 1 of the 1968 Act applies.
Important aspects of this Act are:
Section
1 (1) This Act applies to an imitation firearm if:
(a)
it has the appearance of being a firearm to which
section 1 of the 1968 Act, (firearms requiring a firearm
certificate), applies: and
(b)
it is so constructed or adapted as to be readily convertible
into a firearm to which that section applies.
Section
1 (6) For the purposes of this section an imitation
firearm shall be regarded as readily convertible into
a firearm to which section 1 of the 1968 Act applies
if:
(a)
it can be so converted without any special skill on
the part of the person converting it in the construction
or adaptation of firearms ofany description: and
(b)
the work involved in converting it does not require
equipment or tools other than such as are in common
use by persons carrying out works of construction
and maintenance in their own homes.
From
this it can be seen that great care must be taken when
considering the acquisition of imitation firearms. Without
specialist knowledge or advice the layman could find
himself breaking the law. However, there is a statutory
defense provided within this Act as follows:
Section
1 (5) In any proceedings brought by virtue of this
section for an offence under the 1968 Act, involving
an imitation firearm to which this Act applies, it
shall be a defense for the accused to show that he
did not know and had no reason to suspect that the
imitation firearm was so constructed or adapted as
to be readily convertible into a firearm to which
section 1 of that Act applies.
Any
imitation firearm suspected of falling within the
definition of being so constructed or adapted as to
be readily convertible into a firearm to which section
1 of the 1968 Act applies, would normally require
to be submitted for testing at a forensic laboratory,
before any lawful proceedings were undertaken.
Ultimately
only a court can decide whether or not a particular
imitation firearm requires a firearm certificate.
Possession
of an air weapon or imitation firearm in public place
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