Reply With QuoteIt'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.
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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.Originally Posted by angrybear
Lard Armstong
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.
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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.
Dialling code: 01344
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.
True freedom includes the freedom to make mistakes or do foolish things and bear the consequences.
TANSTAAFL
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As a lot of people have said, speak to BASC or whatever association you are a member of quickly and if necessary with a lawyer who specialises in firearms law - most high street solicitors are useless in this area, but only a few are honest enough to tell you so. Also be very careful of you or your adviser confusing Scottish law with English law - it is significantly different both in the way it deals with airguns and with the vandalism/criminal damage area.
As the legislation stands in Scotland, granting or revoking a licence is entirely at the discretion of the Chief Constable on the basis of the applicant being a 'suitable person' but neither the legality nor the exact meaning of this have been tested in court.
Good luck
Alan
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I know a guy that was put away for drug dealing when he was 17/18 and he got his FAC and SGC too.
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that's because he was sentenced to under 4 yrs .4 and over is life time ban but can be overturned if you stayed out of trouble this involves good solicitors and a judge to overturn the ban
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Dont plead guilty until you've had very good advice, Seems like the police are trying it on with you by saying to plead guilty and have your gun back, I would have thought they would have asked you to pay for the damage and left it at that, Basically they dont really need to be spending time on something like this, Someone around this area had smashed some car windows and the day after he had been around and apologised and payed for the damage, The police decided to leave it at that as long as they were all happy, They all new the chap and he is a decent chap, Just had some bad luck the prievous couple weeks ,
Last edited by madcarlos; 23-03-2019 at 10:22 PM.
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I know a guy who was prohibited for life under section 21 who managed to gain a successful appeal from the court. The CC still refused to re-issue his fac.,despite the court verdict!! Scottish chief contstable appears to be above the law.
Pistol & Rifle Shooting in the Highlands with Strathpeffer Rifle & Pistol Club. <StrathRPC at yahoo.com> or google it.
No longer Pumpin Oil but still Passin Gas!
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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)
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Seek advice from BASC And a DEFENCE BRIEF. I dare say that in the end, the owner of the vehicle wants a new window.
In English law, the owner of the vehicle committed the offence of unnecessary obstruction, and you may have part defence to "criminal damage". In the first instance, you ought to have called the law men who (in England) would have towed the vehicle away.
Getting your vehicle off the drive is more essential than getting it on, did your wife need to go somewhere in an emergency? Things like that add weight to your argument for justifying the damage.
If the person suffering the damage only wants a window, ask to speak to them first. Offer to pay for a new window (that doesn't amount to an admission) and without a complaintant for the damage, there is no offence to charge.
Discuss with a brief first.
If you're in a club you may be affiliated to Scottish Target Shooting. Contact them.
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and certificate ??? what was on the certificate or is this 12 ft pound and Scottish law?
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Scottish AWL (Air weapon license ). 12ft lbs and under
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What if there is Cctv footage of the vandalism that the OP has not been made aware of at present ? I don't think the OP would want to add lying to the police on his list of convictions for the nightI'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. (Source
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