Andy632 wrote:Another Brain teaser question on long barrelled handguns.
What about Air Pistols?
Do the same criteria of Barrel length & overall length apply to them as well??
Air Pistol restricted to 6 ft/lbs.
Air Rifle restricted to 12 ft/lbs without a licence.
Can one turn an Air Rifle into a Long-barrelled Air Pistol (12"" barrel & over 24") and have it over 6ft/lbs & less than 12ft/lbs and remain legal??
no, since the act states the term "rifle" and "pistol" and thus will interperted by the courts to the ordinary defination of a rifle / pistol (the goldern rules; "The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning. (River Wear Commissioners v Adamson) (1876-77) L.R. 2 App Cas 743." and R v Allen (1872)
Decisions are generally more in line with Parliament's intention, so in this case parliments intention was that all air rifles (as defined by the ordinary defination of a rifle) to be limited 12 ft lbs a long barreled air pistol that was manufactored as one, is still a pistol by ordinary defination, (if it is designed to be fired by one hand)
firearms act 1997 does not define what a hangun or rifle is! just bans firearms that not within a certain barrel length and overall length! (with a few execptions) hence why long barrel revolvers and pistols are not subject to general prohibtion !
this why i think long barrel centre fire semi auto pistols wouldnt be section 5 ! but i dont think anyone has the balls to put it to the test !
