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Tamworth angler jailed for keeping air rifle


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This may have been posted before but while I was googling this popped up

 

 

 

:blink: :blink:Tamworth angler jailed for keeping air rifle

Monday, January 12, 2009, 10:10

 

A TAMWORTH angler who bought a lethal high-powered air rifle 'to shoot rats' has been jailed for nine months by a judge.

 

Steven Fisher was sent down even though one of Britain's leading firearms experts ruled he could have had no idea it was an illegal weapon.

 

Fisher bought the air rifle from a car boot sale in Donnington for £500 and equipped it with a telescopic sight and silencer, Stafford crown court heard.

 

The gun was seized during the execution of a warrant at his home in Tamworth in connection with a domestic incident.

 

Mr Heath Westerman, prosecuting, said the rifle was in Fisher's fishing gear on the top of the stairs.

Click here!

 

The gun was tested by an officer in Staffordshire Police's firearms section.

 

"To fire it you need to fill it with gas," said Mr Westerman.

 

"When the officer filled it with gas, he fired a number of shots and as a result of this examination, the kinetic energy would have had a lethal effect on humans and as such required a Firearms Certificate.

 

Fisher, aged 35, formerly of Kerria Road, Amington, admitted a charge of possessing an illegal firearm.

 

Recorder Mr Stephen Thomas told him: "The sort of weapon you purchased is one that can cause lethal harm to humans, that's why there is a law that absolutely prohibits possession of such a weapon without authorisation.

 

"It is no excuse that you didn't know it was a firearm, it is your duty when you come to purchase such a weapon to ensure it is not a firearm or to seek authorisation for it."

 

When questioned by police, Fisher said he had bought it to shoot rats whilst he was out fishing.

 

Mr Michael Grey, defending, told the judge: "This is an absolute offence.

 

"I wasn't aware myself that a .22 air rifle required a Firearms Certificate, but that is no defence."

 

Mr Grey produced a copy of an airgun magazine and pointed to a number of advertisements offering similar weapons for sale.

 

He also referred to a report from one of Britain's leading firearms experts, the Most Reverend Professor Barry Peachey, who said that this was a type of gun most people would not know needed a certificate.

 

In addition, the average citizen was in no position to carry out the tests.

 

"These weapons are readily available from shops, from car boot sales, everyone assumes no firearms certificate is required.

 

"This rifle was there for the purpose he told the police.

 

"He is a very keen and expert angler and when he goes, he stays overnight and he is pestered by rats.

 

"The rifle was found in his fishing equipment," said Mr Grey.

 

Fisher was taken out of the dock protesting his innocence.

 

* Tamworth Herald, January 8, 2009, edition

 

 

Perhaps the anti tamper device is there for a reason

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Guest hyperion

it been up before but i didnt see the gapping hole or holes the first time around!

 

even a sub 12 ft/lbs air rifle can be lethal to a human being!, im sure i read some where the u.s army did some research and found 8 ft/lbs could be lethal

 

surely a trained f.a.o should know the difference between gas (co2) and air powered weapons?, if not then god help us all!

 

chronographs are widely available and in no way beyond the means of joe public!

 

i wonder how far over the legal limit the air rifle was? 1 ft/lb or ten?

 

cheers

hyperion

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Guest air gunner

Thats an outrage! they jail a man with a legitamate use and not entending harm to people but others who use air rifles to enflict harm on animals and illegal quarry are left free and just get the weapon removed sort it out i say. Air rifle obviously air is needed to shoot one its just the air used is very pure.

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Reading between the lines. He bought an over powered air rifle and either through choice or ignorance decided not to chronograph it and/or lower the power.

 

An air rifle over 12ft/lbs requires an FAC even if it's 12.00000000000000000000000000000000000000000000000000000000000000000000000000000

1ft/lbs.

 

The article has been written for the benefit of people that don't know much, or anything, about air rifles. That's why it says 'filled with gas.'

 

If anyone reading this thread is new to shooting, or thinking of buying a second hand rifle, memorise this if nothing else.

 

 

"It is no excuse that you didn't know it was a firearm, it is your duty when you come to purchase such a weapon to ensure it is not a firearm or to seek authorisation for it."

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Guest hyperion
Reading between the lines. He bought an over powered air rifle and either through choice or ignorance decided not to chronograph it and/or lower the power.

 

An air rifle over 12ft/lbs requires an FAC even if it's 12.00000000000000000000000000000000000000000000000000000000000000000000000000000

1ft/lbs.

 

The article has been written for the benefit of people that don't know much, or anything, about air rifles. That's why it says 'filled with gas.'

 

If anyone reading this thread is new to shooting, or thinking of buying a second hand rifle, memorise this if nothing else.

 

 

"It is no excuse that you didn't know it was a firearm, it is your duty when you come to purchase such a weapon to ensure it is not a firearm or to seek authorisation for it."

 

very true!

 

to be honest i would never have bought an air rifle from a boot sale any way!

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So, ignorance is no excuse. Just out of curiousity, would they have used any ammo seized with the rifle to test it's output, or will they use whatever? Because pellets can tip the fine line between legal and FAC can't it? I know it probably wouldn't matter in this case, but it's food for thought, surely?

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Thanks for making that clear. Nice to know, even with the best intentions in the world, you can still be found guilty. I'm assuming they use the proven pellets then? :clapper:

 

 

 

Borrowed off Another Site

 

Would just like to state this is not my post but think it is something we should all be aware of thanks to it's writer and hope he don't mind me nicking it

 

Police testing procedure

 

--------------------------------------------------------------------------------

 

Circumstances surrounding the seizure of air weapons has no bearing on the test procedure, HOWEVER, the results of the test can significantly affect the decisions made by the CPS with regard to any subsequent charges being brought. I shall cover this at the end.

 

I do not intend to quote from legislation, neither is my explanation exhaustive, this subject can be researched on the net from Archibold 2008 ( Criminal Pleading & Evidential practice).

 

There is no secret formula involved in the testing, , there is however a set procedure which has to be followed.

 

Air weapons seized by the Police are checked for safety, (unloaded) and submitted for testing by a Home office approved and trained firearms officer. The first stage is an examination of the gun, recorded is its calibre, any serial number the make or manufacturer and the overall condition.

 

The tester has to in the first instance be able to successfully load and fire the weapon . He will for instance attempt to clear a blocked barrel, but his interventions are limited.

 

He is in possession of a variety of magazines and fill probes to cover PCP,s he also has at his disposal Co2 capsules and a wide range of pellets.

 

He also has available a calibrated Skan Mark 9 chronograph hard wired to a PC. He also uses a calibrated weighing scale. Both of these devices receive regular calibration tests.

 

The test shots are fired at a distance of one metre from the Skan chronograph.

 

The pellets he uses are normally of a good quality brand, I have seen Air Arms pellets used frequently, although the brand is not identified in his report.

 

He then proceeds to weigh five of each different brand of pellet, pre selected for their known propensity to be either light weight, medium weight or heavy weight.

 

The ambient temperature of the test site is recorded

 

The gun is loaded and each of the string of five shots is fired through the chronograph, ( this part of the test is not recorded) although the velocity appears on the screen of the PC. He then identifies which string of shots gives the most consistently high power.

 

( It should be mentioned here that light weight pellets are more prone to being over the limit in a spring gun, whilst a PCP generally produces higher readings with heavy weight pellets).The tester is obviously familiar with the power out put of various types of air weapons with regard to their construction & operational capacities.

 

Once he has established the highest output, he will then select ten pellets from that particular brand that gave high readings & proceed to record the velocity of each shot. Obviously what he is looking for are the shots that exceed the set limit, 12ft lbs for a rifle, 6ft lbs for a pistol.

 

He has discretion, but not much, if three or more shots in the fired string of ten shots exceeds the limit, his report will indicate a S1 firearm. Under 3 shots over the limit, he will mention this in his report, but not indicate that it falls into the firearms category.

 

I have listed a copy of how a log is presented, the weapon is fictitious, but the chart is genuine. Weapon tested Pistol, .177 Walther PPK, Co2 powered.

 

Weight (grains) Velocity (ft/s) Muzzle Energy (ft lbs)

7.30 381.69 2.36

7.30 368.90 2.21

7.30 374.49 2.27

7.30 351.95 2.01

7.30 349.19 1.98

7.40 343.08 1.93

7.40 348.09 1.99

7.40 337.52 1.87

7.40 330.98 1.80

7.50 303.00 1.53

 

 

Mean velocity = 348.90 ft/s - standard deviation = 21.77

 

Mean muzzle energy = 2.00 ft lbs - standard deviation = 0.23.

 

The uncertainties in calculations shown above are for a confidence of not less than 95%

 

 

From the above graph it can be seen the pistol falls below the power level of a standard 6ft lb pistol, so does not constitute a S1 firearm and is not subject to the provisions of the Firearms (dangerous Air weapons) rules 1969 & as such does not require a firearms certificate.

Edited by charlwood1005
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i'd heard it depends on the area that test the guns, some takeing the weighed weight, and others the the factry stated weight. i couldnt get a straight answer when i enquired.

(another is they take a light, medium and heavey weiht pellet from your local shop..another is they use their own, as the issue of the super heavey pellets were in question at the time. another was one place may state one pellet over the limit, another a group as stated above).

 

so my question is do 'all' testing places use that set format for testing??

 

 

other issues.... if you pop a gun in the 'rong type bag' it is tecnicaly a 'concealed wepon'..

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