Roadside Firearm checks by the Police
Posted: Mon Aug 08, 2011 6:16 pm
Ovenpaa's hypothetical question has reminded me of a discussion that I had at the weekend where by one or more experienced shooter was under the impression that a Police Officer could not examine your firearms at the road side.
Individual counties may have certain Standard Operating Procedures which may suggest that inspections are carried out in a "out of public" area, but I am not aware of any and it would make a mockery of the original reason that the Officer had for asking to inspect the firearm in the first place - i.e. letting someone who he suspects may be guilty of a firearms offence drive with said firearms to a Police station, would clearly be a daft position to be in.
Below are the relevant acts, Sec 47 and 48 Firearms act 1968
http://www.legislation.gov.uk/ukpga/1968/27
47 Powers of constables to stop and search.E+W+S.(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..
48 Production of certificates.E+W+S.(1)A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate..
[F138(1A)Where a person upon whom a demand has been made by a constable under subsection (1) above and whom the constable believes to be in possession of a firearm fails—.
(a)to produce a firearm certificate or, as the case may be, a shot gun certificate;.
(b)to show that he is a person who, by reason of his place of residence or any other circumstances, is not entitled to be issued with a document identifying that firearm under any of the provisions which in the other member States correspond to the provisions of this Act for the issue of European firearms passes; or.
(c)to show that he is in possession of the firearm exclusively in connection with the carrying on of activities in respect of which, he or the person on whose behalf he has possession of the firearm, is recognised, for the purposes of the law of another member State relating to firearms, as a collector of firearms or a body concerned in the cultural or historical aspects of weapons,.
the constable may demand from that person the production of a document which has been issued to that person in another member State under any such corresponding provisions, identifies that firearm as a firearm to which it relates and is for the time being valid.]
(2)If a person upon whom a demand is made under this section fails to produce the certificate [F139or document] or to permit the constable to read it, or to show that he is entitled by virtue of this Act to have the firearm, ammunition or shot gun in his possession without holding a certificate, the constable may seize and detain the firearm, ammunition or shot gun and may require the person to declare to him immediately his name and address..
(3)If under this section a person is required to declare to a consta ble his name and address, it is an offence for him to refuse to declare it or to fail to give his true name and address..
[F140(4)It is an offence for a person who is in possession of a firearm to fail to comply with a demand under subsection (1A) above.].
Individual counties may have certain Standard Operating Procedures which may suggest that inspections are carried out in a "out of public" area, but I am not aware of any and it would make a mockery of the original reason that the Officer had for asking to inspect the firearm in the first place - i.e. letting someone who he suspects may be guilty of a firearms offence drive with said firearms to a Police station, would clearly be a daft position to be in.
Below are the relevant acts, Sec 47 and 48 Firearms act 1968
http://www.legislation.gov.uk/ukpga/1968/27
47 Powers of constables to stop and search.E+W+S.(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..
48 Production of certificates.E+W+S.(1)A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate..
[F138(1A)Where a person upon whom a demand has been made by a constable under subsection (1) above and whom the constable believes to be in possession of a firearm fails—.
(a)to produce a firearm certificate or, as the case may be, a shot gun certificate;.
(b)to show that he is a person who, by reason of his place of residence or any other circumstances, is not entitled to be issued with a document identifying that firearm under any of the provisions which in the other member States correspond to the provisions of this Act for the issue of European firearms passes; or.
(c)to show that he is in possession of the firearm exclusively in connection with the carrying on of activities in respect of which, he or the person on whose behalf he has possession of the firearm, is recognised, for the purposes of the law of another member State relating to firearms, as a collector of firearms or a body concerned in the cultural or historical aspects of weapons,.
the constable may demand from that person the production of a document which has been issued to that person in another member State under any such corresponding provisions, identifies that firearm as a firearm to which it relates and is for the time being valid.]
(2)If a person upon whom a demand is made under this section fails to produce the certificate [F139or document] or to permit the constable to read it, or to show that he is entitled by virtue of this Act to have the firearm, ammunition or shot gun in his possession without holding a certificate, the constable may seize and detain the firearm, ammunition or shot gun and may require the person to declare to him immediately his name and address..
(3)If under this section a person is required to declare to a consta ble his name and address, it is an offence for him to refuse to declare it or to fail to give his true name and address..
[F140(4)It is an offence for a person who is in possession of a firearm to fail to comply with a demand under subsection (1A) above.].