Revoked Airgun licence

[Shocker]

Hi
guys and girls
I have just had my-rifle and certificate
Taken away by the police
It all started a week ago when a guy blocked my drive and I couldn’t get my car in or my wife’s car out
It was pouring with rain and after a 14 hour shift outside and in the rain I stupidly Smashed the window and let of the handbrake off and moved it
I’ve been charged with vandalism and had my rifle taken away and licence revoked
They say I’ll get it back once I plead guilty and get fined
Are they right or will I loose my stuff
I’ve never been In trouble in my whole life
I’m kind of p****d off ive lost a way into a good hobby
Cheers
Shocker

[distantcamera]

They will automatically suspend your certificate for any suspected crime that you could get jail time for. If they say you'll get it back you probably will. If you're a BASC member I'd give the legal people the heads up that you might need help.

[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.

[YorkshireDave]

[I]Section 1 Criminal Damage Act 1971

Section 5 paragraph 2 is the part that will save the day. As long as OP "honestly" believed his action was the right course of action and that the presence of a dropped kerb indicated he had a right to use that route to access his driveway. Doesn't matter if he was wrong, as long as he can stand in court and say he honestly believed he was right at the time. "For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held."

A car parked across our drive when I was a kid, when we had a delivery of cement due. Police TOLD us to break the smallest window, release the handbrake and push it out of the way.

A car parked completely blocking the pavement on a busy road 200 yards from a high school at kicking out time. A "troublecauser" walked right over the top of the car, then stood encouraging schoolkids to do the same as an alternative to walking in the busy road. He was eventually arrested after about a hundred kids had stomped across the roof of the car but he was not charged.

Shouldn't ever accept a caution from the police, shouldn't have anything to do with them to them at all, it never ends well.

[Muskett]

Don't take any advice from the Police either.
If you are a member of some shooting organisation then its time to take their advice. BASC do enough to have some idea, ring them anyhow as they like to be up to speed of whats happening at street level. You might get some pointers even if not a member.

Have you been arrested, given a statement, had a solicitor present?
You may need advice on if your actions that night was vandalism or perfectly reasonable????? Might take a magistrate to decide????
Next time your drive is blocked have the police remove the offending object. Do it to test the system anyhow. If they fail, or pass the responsibility, it may justify your action?????

Don't take a caution as that is as good as admitting to a criminal act and might effect you with anything gun related in the future. Forever. Sadly you are going to have to take this very seriously. You need really good legal advice not someone who knows nothing and just wants to process the job.

If you have a friend with a license then have them take charge of the rifle off the Police. No point in having your rifle stuck in a police safe rotting. Your friend will have to look after it.

[eyebull]

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.

/\ THIS x1000 /\

[arnie2b]

I hope you get it back pronto.
The law is an arse.

[greenman]

Hi
guys and girls
I have just had my-rifle and certificate
Taken away by the police
It all started a week ago when a guy blocked my drive and I couldn’t get my car in or my wife’s car out
It was pouring with rain and after a 14 hour shift outside and in the rain I stupidly Smashed the window and let of the handbrake off and moved it
I’ve been charged with vandalism and had my rifle taken away and licence revoked
They say I’ll get it back once I plead guilty and get fined
Are they right or will I loose my stuff
I’ve never been In trouble in my whole life
I’m kind of p****d off ive lost a way into a good hobby
Cheers
Shocker

Jeeze ! I feel for you .Rather live under longshanks ta very much .Seems as though freedom went to the wall .We all make mistakes and I wish you luck sir .

[jjjohn]

Hi
guys and girls
I have just had my-rifle and certificate
Taken away by the police
It all started a week ago when a guy blocked my drive and I couldn’t get my car in or my wife’s car out
It was pouring with rain and after a 14 hour shift outside and in the rain I stupidly Smashed the window and let of the handbrake off and moved it
I’ve been charged with vandalism and had my rifle taken away and licence revoked
They say I’ll get it back once I plead guilty and get fined
Are they right or will I loose my stuff
I’ve never been In trouble in my whole life
I’m kind of p****d off ive lost a way into a good hobby
Cheers
Shocker

and certificate ??? what was on the certificate or is this 12 ft pound and Scottish law?