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Firearms Act 1968

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This is the original version (as it was originally enacted).

17Use of firearm to resist arrest

(1)It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.

(2)If a person, at the time of his committing or being arrested for an offence specified in Schedule 1 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

(3)A firearm or imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be an offensive weapon or instrument for the purpose of section 23(1)(a) of the [1916 c. 50.] Larceny Act 1916 (armed robbery) and section 28(1) of that Act (going armed by night).

(4)For purposes of this section, the definition of " firearm " in section 57(1) of this Act shall apply without paragraphs (b) and (c) of that subsection, and " imitation firearm " shall be construed accordingly.

(5)In the application of this section to Scotland, a reference to Schedule 2 to this Act shall be substituted for the reference in subsection (2) to Schedule 1; and subsection (3) shall be omitted.

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