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Help requested re Trespassing with a Firearm

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Re: Help requested re Trespassing with a Firearm

Postby Rick Ape » Mon Mar 05, 2018 10:13 pm

shootist wrote:The query is whether this would amount to a criminal offence under Section 20 Firearms Act 1968.

shootist wrote:That still leaves the question of whether the shooter has trespassed on land with a firearm.

atticus wrote:The offence under s20 Firearms Act 1968 clearly occurs when a person enters land as a trespasser with a firearm.
20 Trespassing with firearm.

(1)A person commits an offence if, while he has a firearm or imitation firearmwith him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).

(2)A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).

(3)In subsection (2) of this section the expression “land” includes land covered with water.



Looking at the criminal conduct only, the question is -

Does firing a bullet in to someone else's land without permission satisfy "...while he has a firearm ... with him, he enters or is on any land as a trespasser..." ?

A firearm is a "lethal barreled weapon" etc but not ammunition, bullet or shot. (s.57 Firearms Act 1968)

Trespass is to "enter upon another's land without permission, or remain upon the land"


Although the bullet enters the land at the behest of the gunman, neither the gunman nor his firearm do.

So as far as I can see the fact that he does not actually enter the land, the offence under s.20 is not complete; although I cannot find any case law to support this just yet. (However he should really watch what he is doing as he may well have his certificate revoked.)


http://www.legislation.gov.uk/ukpga/1968/27/section/20

http://www.legislation.gov.uk/ukpga/1968/27/section/57
.
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Re: Help requested re Trespassing with a Firearm

Postby dls » Wed Mar 07, 2018 10:01 pm

Not entirely convinced. Surely the entry of the bullet is his trespass. He enters via his bullet, This nis by no means all there, but is an argument.
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