L, R. v

The statutory definition of an air weapon in the Firearms Act 1968 excludes, independently, weapons falling within section 5(1) and weapons declared specially dangerous. The reference to section 5(1) does not create a circular definition. A specially dangerous air pistol is therefore not an air weapon. If it also satisfies the short-firearm criteria in section 5(1)(aba), it is a prohibited weapon and cannot rely on that provision’s air-weapon exemption.

The Crown appealed against a ruling of the Crown Court at Swindon concerning a modified carbon-dioxide-powered .22 calibre gun possessed by L. It was accepted that the item was a lethal barrelled weapon which could discharge air pellets.

L pleaded guilty to possessing a firearm while prohibited, but challenged two further counts. The judge ruled that whether the item was specially dangerous was for the jury, but held that the Crown could not prove possession of a prohibited firearm under section 5(1)(aba) of the Firearms Act 1968. He considered the statutory definition of an air weapon circular and adopted the interpretation favourable to L.

The central issue was whether the statutory definition excluded this specially dangerous short air pistol from the air-weapon exemption.

1. The Crown’s appeal was allowed. The ruling on count 2 was quashed and the matter was remitted for trial.

2. Section 57(4) of the Firearms Act 1968 directs that “air weapon” bears the meaning assigned by section 1(3)(b). Properly read, section 1(3)(b) excludes two separate classes: air rifles, guns or pistols which fall within section 5(1), and those declared specially dangerous under rules made pursuant to section 53.

3. The judge’s perceived circularity was erroneous. Section 1(3)(b) refers to section 5(1) as a whole. The later amendment adding the words concerning section 5(1) also added a separate prohibition for air weapons using a self-contained gas cartridge system. That legislative context showed that the reference could exclude specifically prohibited air weapons without circular reasoning.

4. The word “and” in section 1(3)(b) introduced a list of weapons which are not air weapons. An air pistol which is specially dangerous is therefore not an air weapon. If a jury found that this weapon was an air pistol and specially dangerous, then, since the other conditions in section 5(1)(aba) were met, it would be a prohibited weapon.

5. The judge consequently erred in law by treating the item as capable of falling within the air-weapon exemption in section 5(1)(aba).

• Court of Appeal (Criminal Division): Allowed the Crown’s appeal, quashed the ruling on count 2, and remitted the matter for trial: [2015] EWCA Crim 5.
• Crown Court at Swindon: The judge held that the Crown had not proved that the modified gun was a prohibited firearm under section 5(1)(aba) of the Firearms Act 1968.