Specialist Lawyers and Specialist Legal Services for Firearms Offences
The use and distribution of firearms is heavily regulated in Scotland. Possessing a firearm without a licence or carrying a loaded firearm in a public place without a valid purpose is an offence. It is also illegal to carelessly discharge a firearm, regardless of whether harm is inflicted.
In many rural parts of Scotland, owning a firearm is essential for survival and/or livelihood. Whether for pest control or sports purposes, many of the clients we have successfully defended against firearms-related offences have felt it vital to own a weapon.
Our services include court representation for firearms offences, advice for those facing prosecution under the Firearms Act, general advice on firearms legislation, and guidance on antique and replica firearm ownership and collection.
Having Possession of an Offensive Weapon in Scotland
Carrying an offensive weapon is a criminal crime under section 47 of the Criminal Law (Consolidation) (Scotland) Act 1995.
The prosecution does not have to demonstrate that you were aware of the object's presence in order to establish the accusation, just that you have it in your possession.
The defence would have to provide a legitimate explanation for a person possessing such an item.
The article or item in issue does not need to be on the person, but rather easily available or to hand.
What is regarded as a public place?
In summary, s47(4) defines "public place" as any location that is not "domestic premises" (a private residence, including its immediate surrounds such as its garden, garage, or outhouse).
According to this definition, public areas are those that are utilised by more than one residence (for example, a block of flats' stairwells or a common garden).
Schools and prisons are not included in the definition of "public place" for this crime since there are separate charges for possessing offensive weapons in schools (section 49A of the 1995 Act) and prisons (section 49C).
The meaning of "public place" under section 47(4) appears to be rather broad, yet the phrasing is unambiguous.
Even in circumstances where the accused was discovered with a weapon in a location that any ordinary person would consider non-public, the courts have held that the accused must have brought the weapon via a public area to reach the non-public place. If the locus is defined to encompass the public space, the conviction will most likely remain.
What is regarded as a weapon?
Any object designed or modified for the purpose of injuring another person.
An item/article adapted for use in inflicting damage might be any number of common objects changed to injure a person. An example may include purposefully shattering a bottle during a fight to transform it into an item capable of causing pain or inserting nails into a piece of wood.
Any article that has the potential to inflict damage. This demonstrates how possession of offensive weapons may be linked to nearly any object.
This second definition encompasses practically any possible thing. It all relies on the person's aim and the circumstances.
Is there a defence to carrying a weapon?
The accused must prove the s47(1A) defence on the balance of probability.
The term "lawful authority" is introduced to shield police officers, for example, from prosecution for carrying guns.
Whether an excuse is fair depends on the specific facts and circumstances of the case.
In a recent case, it was determined that a taxi driver carrying a weapon (a piece of rubber hose tipped with metal) out of fear of being attacked by customers is not a reasonable excuse because the purpose of the applicable legislation was to prevent the public from taking the law into their own hands.
Legal Aid For Firearms Offences
When interrogated at a police station, you are automatically offered legal help. You may be eligible for legal aid for court appearances and trials, depending on the offence. If you have any concerns regarding your case or how to qualify for legal assistance, please contact us right away. Hire the top firearms and weapons offence solicitors from a reputable criminal law firm to represent you in the high court for your case.
