34Firing an air weapon beyond premisesE+W+S
This section has no associated Explanatory Notes
(1)The 1968 Act is amended as follows.
(2)After section 21 (possession of firearms by persons previously convicted of crime) insert—
“21AFiring an air weapon beyond premises
(1)A person commits an offence if—
(a)he has with him an air weapon on any premises; and
(b)he uses it for firing a missile beyond those premises.
(2)In proceedings against a person for an offence under this section it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).”
(3)In section 23 (exceptions from section 22(4))—
(a)in subsection (1), for paragraphs (a) and (b) substitute “ for the person under whose supervision he is to allow him to use it for firing any missile beyond those premises. ”;
(b)after that subsection insert—
“(1A)In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).”;
(c)omit subsection (4).
(4)In the table in Part 1 of Schedule 6 (punishment), after the entry for section 21(5) insert—
“Section 21A | Person making improper use of air weapon | Summary | A fine of level 3 on the standard scale | Paragraphs 7 and 8 of Part II of this Schedule apply.” |
(5)In that table, in the entry for section 23(1), for the words in the second column substitute “ Person supervising a person under 18 and allowing him to make improper use of air weapon ”.
(6)In Part 2 of that Schedule (supplementary)—
(a)in paragraph 7, after “under section” insert “ 21A, ”;
(b)in paragraph 8, after “under section” insert “ 21A, ”.