(1) A constable may require any person whom he has reasonable cause to suspect
(a) of having a firearm, with or without ammunition, with him in a public place; or
(b) to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, to hand over the firearm or any ammunition for examination by the constable.

(2) It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable under subsection (1) of this section. (penalty - see Powers and Punishment)

(3) If a constable has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the constable may search that person and may detain him for the purpose of doing so.

(4) If a constable has reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.

(5) For the purpose of exercising the powers conferred by this section a constable may enter any place.

(6) The offences relevant for the purpose of this section are those under sections 18(1) and (2) and 20 of this Act.

Arrest without warrant

Summary only

Maximum 3 months imprisonment

And/or fine not exceeding level 4

- failed to hand over
- a firearm / ammunition for a firearm
- which defendant had with him / her
- when required to do so by a constable

Yes - Irrespective of the defendants account the police have the authority to charge as it is a Summary Only offence.

Firearm

Means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes -

(a) any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and
(b) any component part of such a lethal or prohibited weapon; and
(c) any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon;

and so much of section 1 of this Act as excludes any description of firearm from the category of firearms to which that section applies shall be construed as also excluding component parts of, and accessories to, firearms of that description

Lethal Barrelled Weapon

Means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.

Ammunition

Means ammunition for any firearm and includes grenades, bombs and other like missiles, whether capable of use with a firearm or not, and also includes prohibited ammunition.

Public Place

Includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

Relevant Offences

The offences relevant for the purposes of this section are all offences under this Act except an offence under section 22(3) or an offence relating specifically to air weapons.