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Part IE+W+S 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 safetyE+W+S

[F124ZAFailing to prevent minors from having air weaponsE+W+S

(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.

[F2(2)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.]

[F2(2)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.]