Part I Provisions as to Possession, Handling and Distribution of Weapons and Ammunition; Prevention of Crime and Measures to Protect Public Safety

Prevention of crime and preservation of public safety

24ZAF1Failing to prevent minors from having air weapons

1

It is an offence for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him.

F22

Subsection (1) does not apply where by virtue of section 23 of this Act the person under the age of eighteen is not prohibited from having the weapon with him.

F22

Subsection (1) does not apply where—

a

the person under the age of 18 holds an air weapon certificate granted under section 5 of the Air Weapons and Licensing (Scotland) Act 2015, or

b

the use or possession of the weapon by the person under the age of 18 is otherwise in accordance with Part 1 of that Act.

3

In proceedings for an offence under subsection (1) it is a defence to show that the person charged with the offence—

a

believed the other person to be aged eighteen or over; and

b

had reasonable ground for that belief.

4

For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—

a

sufficient evidence of those matters is adduced to raise an issue with respect to them; and

b

the contrary is not proved beyond a reasonable doubt.