Revoked Airgun licence

[Steve Valentine]

Don’t take advice off an Internet forum! As above has said, BASC if you’re a member. If not, seek the advice of a solicitor before doing anything else.

[DedIdick]

Unfortunately, fair chance you'll lose it. Others have lost theirs for less. I believe you've only got about 21 days to appeal against it.

[Shocker]

Thanks for the reply’s
I’m worried that if I don’t get my licence back they will keep my rifle and I’ll loose it and not be compensated
It was a mint tuned bsa r10 se and a aluminium flight case
To much to loose

[Saxmaniac]

Section 1 Criminal Damage Act 1971

Destroying or damaging property.

(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another:

(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

But...…

(2) A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse:

(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b) (Doesn't apply in this case)

(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

Were you arrested and interviewed, or a non-custodial interview? Were you legally represented, did you provide the defence in law?

If you haven't been legally represented, I suggest you speak to a brief! To poorly quote Lt George from Blackadder Goes Forth, "you appear as guilty as a puppy sitting next to a pile of poo", however, if my licence were at stake, I'd obtain legal advice

[Shocker]

Section 1 Criminal Damage Act 1971

Destroying or damaging property.

(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another:

(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

But...…

(2) A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse:

(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b) (Doesn't apply in this case)

(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

Were you arrested and interviewed, or a non-custodial interview? Were you legally represented, did you provide the defence in law?

If you haven't been legally represented, I suggest you speak to a brief! To poorly quote Lt George from Blackadder Goes Forth, "you appear as guilty as a puppy sitting next to a pile of poo", however, if my licence were at stake, I'd obtain legal advice

I’ll defo get advice now
I was read my rights and cautioned in my house
They did say they are supposed to handcuff me and take me down the station but seeing I was a nice guy they said they wouldn’t do that as I might get embarrassed by the neighbours seeing me in handcuffs
I couldn’t give two monkeys about my neighbours now
They’ve been taken out my will and their name put in the little black book Lol 😂😂

[Jonjon79]

Don't plead guilty to anything. I would have probably done the same to the inconsiderate prick in the same situation.

If you're a BASC member, give them a call straight away.

If not, try to find a solicitor called Clive Reese and see if he can help.

Good luck.

[angrybear]

Section 1 Criminal Damage Act 1971

Destroying or damaging property.

(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another:

(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

But...…

(2) A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse:

(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b) (Doesn't apply in this case)

(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

Were you arrested and interviewed, or a non-custodial interview? Were you legally represented, did you provide the defence in law?

If you haven't been legally represented, I suggest you speak to a brief! To poorly quote Lt George from Blackadder Goes Forth, "you appear as guilty as a puppy sitting next to a pile of poo", however, if my licence were at stake, I'd obtain legal advice

Is that English law ? OP is in Scotland so subject to Scottish law.

OP get legal advice ASAP, I would say unblocking your access was reasonable grounds to break the window but I'm not a lawyer.

[johnbaz]

A friend of mine lives close to a school, His drive was always being blocked by the parents so He phoned 101 and was advised that if his car was on the drive and couldn't be driven from it that the person who's car it is can get a fine as it's illegal to block exit but , It doesn't apply if you can't gain entry to his property though, He was advised to take pics so that a case could be made against the car owner blocking his exit..

Maybe this would have been your best course of action?

Hope you don't lose your guns


John..

[lensman57]

When the right of ownership is taken away and a licence is granted in its place , that is just what it is a licence and you are bound by its conditions. Criminal record of which vandalism is one , not sure about drink driving, and medical conditions are the two catch all conditions. Sorry for your loss and you have my sympathy as we live next to a Doctor's Surgery, in a cul de sac, and quite often the idiots visiting the surgery see fit to block our drive way just because they are too lazy to park somewhere else which is safe and walk fifty yards. A nation of inconsiderates we have become.

A.G

[gwendog]

I'd be pretty sure, if you check your memory, the window was already damaged and 'frosted', all you actually did was clear glass away, so you could lean in and access the handbrake. That would make more sense. Pretty sure the police would be happy with such an explanation. (Sourcerior experience)

[BigEars]

If you're in a club you may be affiliated to Scottish Target Shooting. Contact them.

[Saxmaniac]

Is that English law ? OP is in Scotland so subject to Scottish law.

OP get legal advice ASAP, I would say unblocking your access was reasonable grounds to break the window but I'm not a lawyer.

Well that's different then, its likely there's no defence in law and upon conviction he'll be placed in the stocks and pelted with rotten vegetables.

[distantcamera]

It's worth pointing out they can't keep the gun even if you lose your licence. It remains your property and you can have it transferred to a friend or a RFD. Polis Scotland have been caught out before trying to illegally retain airguns.

[MarcFloyd]

Not sure about laws in Scotland, but...
Good friend of mine couple of years back accepted Police caution for minor offence. Around half year ago he applied for FAC (rim fire I think) and it was granted with no issues.

From memory, local firearms officer told him that caution would be an issue if the offence was violence-related.

[Turnup]

It's worth pointing out they can't keep the gun even if you lose your licence. It remains your property and you can have it transferred to a friend or a RFD. Polis Scotland have been caught out before trying to illegally retain airguns.

Agree on this point - while you do not at the present possess the gun, you most certainly do still own it so you can sell it or give it away.

WRT the offence, it seems that you are guilty so there is no point in disputing that. There might be some procedural or evidential error which means that they could not secure a conviction but you really need legal advice on this. DO NOT ACCEPT ADVICE FROM THE POLICE - they have no duty to give you full and proper advice. The only other point I would mention is that you might gain some traction by showing remorse and meeting the cost of the damage - this will fall to you anyway so facing up to that now rather than waiting for a court to force you would be a sensible move, but get written proof that you have done so.