Questions about the law

[Airsoft_Mr B]

We had a 'Gun Amnesty' localy a few years ago. The Police paraded the results on TV. They were all Airsoft guns and a few old Air rifles and I think a couple of old De-activated revolvers.

 

They were making out like they had taken a major haulf o machine guns off the street.

 

Haha for fucks sake, that's pathetic.

I don't understand why anyone would give their guns in anyway. Not like the police would ever know you had them.

[Bluefishtank2012]

Yeah, as if the people you dont want to have guns would ever give them up. Why would anyone even give up an airsoft gun, totally legal

[Deek]

Whilst it may appear that the law is very black and white on RIFs in reality the law has many grey areas. Whilst it may be perfectly legal to own an airsoft RIF, yours were seized in very specific circumstances.

 

The CPS have issued some guidance regarding IFs and RIFs but as with all guidance of this kind it is rarely black and white: http://www.cps.gov.uk/legal/d_to_g/firearms/

 

 

Have a look at this as it may give you more info: http://hub.unlock.org.uk/knowledgebase/getting-property-back-police/

 

Given the circumstances of the seizure you may have a huge battle on your hands to get them back...

 

Good luck with it though!

[Bluefishtank2012]

Just an update. I think my dad signed a forfeiture, even though he doesn't own the guns. Looks like the police followed the rules and my guns are gone for good,

 

 

Im going to now sue my fad for the value of the guns. Since i cannot get new ones im going to sue him for £45million hahaha. No seriously, £5million.

[jcheeseright]

With the amount it'd cost to take your dad to civil court and sue him for the value of the guns it'd be cheaper to go to three skirmishes and buy new ones.

[CaptainSwoop]

If they are your guns inyour house how can your dad forfeit them?

[team flex]

and why would you sue your dad. I kinda hope you were joking, I would look at it like he as doing you a favour, you were probably never going to get them back, its the police for gods sake they can pretty much do as they please (and cover it up if they have to, although I doubt anything like that would happen in the scenario)

[Deek]

its the police for gods sake they can pretty much do as they please (and cover it up if they have to, although I doubt anything like that would happen in the scenario)

 

Not really - some officers do act like they are a god but usually fall foul of internal investigations following complaints.

 

Police officers are not above the law, and if they have acted outside of the law then they face very serious consequences. Whilst there have been many high profile cases of apparent corruption in the Police it is few and far between, and as these high profile cases have proved they generally pay the ultimate price when found out - i.e. loss of job and pension.

 

Some people confuse 'doing what they like' with actual compliance with law and legislation, such as seizure of an uninsured motor vehicle under S165 (a) and ( of the Road Traffic Act 1988. People are never happy when their vehicle is seized (watch any Road Wars episode and you are likely to see this) but it doesn't make it wrong in the eyes of the law.

[Bluefishtank2012]

Well, i think the guns were worth over 1k and it wont be that much to do a civil claim. I dont know how they can let him forfit them even though they belonged to me, surely they confirmed they were my guns then let him forfit them, doesn't make sense.

[CaptainSwoop]

Who's house were they in? Were they in the same location as the cannabis plants?

 

Have you told the police they are your guns?

 

Have you taken legal advice.

[Deek]

I suspect they were seized under Sec 19 PACE (Police and Criminal Evidence Act - http://www.legislation.gov.uk/ukpga/1984/60/section/19 ). There is a tenuous offence under the Firearms Act 1968 regarding possession with intent to cause fear of violence, but that may have been tricky to prove.

 

Most Police forces have a policy to try and reduce the amount of weapons available to criminals, hence why they have amnesties and get people to sign over items they believe could be used for crime. As for the Police needing to establish ownership, not sure how that stands, especially as I have pointed out they were found during a search in relation to the cultivation of cannabis.

 

Talking of ownership, do you still retain proof of ownership? If you were to take civil action against you dad then I am pretty sure one of the first things they will want you to prove is that you are the owner of the items, and the best way is for receipts in you name.

 

It may be worth talking to somebody like Citizens Advice Bureau first to see if you have a claim and if you have a chance of actually getting the cost back.

[jcheeseright]

It'll cost you way more than £1000 to pursue a civil claim, a solicitor will charge you more than that just to file the appropriate paperwork and represent you for a couple of hours.

 

Just take it on the chin, accept that you aren't getting them back and that you'd still have them if you hadn't been a very silly boy by getting caught growing cannabis.

[Mike636]

Even a shit solicitor is over £200 per hour

[CaptainSwoop]

Small Claims doesn't need a solicitor, you just fill in the forms and pay the fee.

 

I don't think you stand a chance of success though.

[jcheeseright]

small claims isn't appropriate in this case, if he wants to sue his dad (which is ridiculous) he'll need to pursue a claim through civil courts, it'd costs thousands and probably end up bankrupting both of them over a few AEGs.

 

utterly ridiculous.