For offences discussed above which are outside the Firearms Act 1968, the available punishments are shown on the table below. However, a prosecution may not be required where the contravention is technical and there has been no risk to public safety, and/or where the offence resulted from an oversight or misunderstanding. While these offenses are considered minor infractions, subsequent violations could To get a FREE consulation, call (866) 427-5529, email Jeff Hark or click on the button below to get started. A youth specialist should be consulted. These provisions will rarely, if ever, extend to those accused of committing offences which involve the criminal use of firearms. has the appearance of being a firearm to which section 1 of the 1968 Act applies; and. After a decade, Edmontonians will be able to shop at Zellers this year. The SRO and administrator went in search of the student and brought the individual into an office. A statement from a Firearms Officer will usually be sufficient for air weapons and straightforward shotgun offences. Punishment: Summary: 6 months or a fine of 20,000 or of three times the value of the goods, whichever is the greater. With the price of food continuing to be high due to inflation, experts are concerned that it is creating a state of 'shelflation.'. The following offences relating to firearms are offences to which section 285 of the Sentencing Act 2020 (required life sentence for offences carrying a life sentence) is applicable: sections 16, 17(1), 17(2) and 18 of the Firearms Act 1968. Mary-Ellen Turpel-Lafond, a celebrated lawyer who served as B.C. Site by Consultwebs: Criminal Defense Lawyer Marketing, Copyright 2023 William Proetta Criminal Law - All Rights Reserved. has a barrel not less than 24 inches in length; does not have any barrel with a bore exceeding 2 inches in diameter; either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and, it is capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess, in the case of an air pistol of 6ft lbs or, in the case of an air weapon other than an air pistol, 12ft lbs (unless it is designed for use only when submerged in water); or, has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and. It will always be essential to determine the category of such items. However, the implied culpability element of knowledge serves to help narrow it a little. Overlaps can occur between the more serious offences of possessing/using firearms for crime. The youth is charged with Possession of a Weapon for a purpose dangerous to public peace, contrary to section 88 of the Criminal Code. A 16-year-old student is facing a weapons charge after bringing an imitation firearm to a Regina high school on Monday, according to the Regina Police Service (RPS). A-3002-20 Decided December 30, 2022 Submitted byNew Jersey DWI Lawyer, Jeffrey Hark. A new city of Ottawa report says the closure of Wellington Street in front of Parliament Hill has "not caused a total failure of the transportation network" in the downtown core. App. The custody release papers include an acknowledgement of this requirement. The youth is charged with Possession of a Weapon for a purpose dangerous to public peace, contrary to section 88 of the Criminal Code. Any firearm which is deactivated in accordance with section 8 of the Firearms (Amendment) Act 1988 ceases to be a firearm. court opinions. Weapons in s 5 (1) (b) are one category of prohibited weapons, that is, a weapon designed or adapted for the discharge of any noxious liquid, gas, or other thing. Prosecutors should be familiar with the guidelines from the Sentencing Council (see Sentencing below). Civil LawCriminal LawTruck AccidentsWorkers Compensation, 1101 Marlton Pike West, Cherry Hill, NJ 08002, 2021 Criminal Civil Lawyer All Rights Reserved Practicing in all NJ Counties Sitemap. The particular type of firearm determines which offences under the Act will be applicable. in A Regina Police Service cruiser is seen in this file photo. A man has been charged with possession of an imitation firearm with intention to cause fear of violence. Garfield NJ, Bergen County Prosecutor Mark Musella announced the arrest of MARIO ARDIZZONE (DOB: 07/11/1976; single; unemployed) 2C:39-4(e), it is a fourth degree crime to possess an imitation firearm for an unlawful purpose. It is not necessary for the State to prove the existence of such mental states by direct evidence such as a statement by the defendant that (he/she) had particular knowledge or particular purpose. self-loading shotguns; Section 5(1)(ad): any smooth-bore revolver gun other than one which is chambered for 9mm rim-fire cartridges or a muzzle-loading gun, e.g. These items are made to look exactly like real firearms and they will elicit a real reaction from others. Zellers is making its comeback this spring, and there are plans to open two stores in Ottawa and one in Gatineau. Shortly after 8 a.m. on January 17, officers from the Russell and Hawkesbury OPP detachments, with assistance from the East Region Emergency Response Team (ERT), responded to an incident at a local business located in the plaza at the corner of Laurier Street and Heritage Drive. Many blank-firing weapons sold in other parts of the world are designed differently, in that they vent the gas from a fired cartridge forward through the barrel of the weapon. Section 32 of the Violent Crime Reduction Act 2006 similarly requires that air weapons sold by way of trade or business must be transferred in person, and creates an offence of failing to comply with this. featuring summaries of federal and state A 16-year-old student is facing a weapons charge after bringing an imitation firearm to a Regina high school on Monday, according to the Regina Police Service (RPS). because the weapon is a prohibited weapon, because it is a firearm for which a certificate is require under section 1 and the person taking possession does not have such a licence, or because they are disqualified from possession under section 21 Firearms Act 1968; or. A firearms expert will classify the weapon as a firearm and may flag up that it has the potential to be a disguised weapon. All Rights Reserved. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas of vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.[2]. There is no opportunity to debate whether or not the gun is real. Where offences contrary to section 1 or section 5 Firearms Act 1968 (other than straightforward shotgun and air weapon offences, referred to above) appear to have been committed, a forensic report from a FSP or a firearms expert from a United Kingdom Accreditation Service (UKAS) accredited police force will always be needed for classification purposes. For offences in which firearms are used, this should be marked by a consecutive sentence, subject to regard being had to the totality of the sentence then passed: R v McGrath (Sean David) (1986) 8 Cr. However, where the mandatory minimum sentence applies to an offence under section 28 of the Violent Crime Reduction Act 2006, the relevant age is the age when the offender was convicted rather than when the offence was committed: section 311(5). [1] N.J.S.A. Div. Section 16, 17(1) or 18 of the Firearms Act 1968; and. The offences listed in Schedule 20 relate to: The minimum term for defendants over 18 years at the time when the offence was committed is a custodial term of 5 years; for defendants under 18 years at the time the offence was committed, the term is 3 years: section 311(4) of the Sentencing Act 2020. An imitation firearm is any thing which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1)(b) of this Act [an weapon designed or adapted for the discharge of a noxious substance]), whether or not it is capable of discharging any shot, bullet or other missile: section 57(4). Accordingly, the possession of such weapons is not affected. Section 170(2) of CEMA 1979 makes it an offence for any person to be knowingly concerned in the fraudulent evasion or attempted evasion of any prohibition or restriction for the time being in force with respect to the goods under or by virtue of any enactment. Prosecutors should, in the first instance, consider charging a Firearms Act offence. A 28-year-old man is facing a murder charge after a man was killed in East Walton, N.S., earlier this week. R. 46, it was held that enabling the other person meant more than giving that other the opportunity to endanger life, should they wish to. Copy this link, or click below to email it to a friend. This charge is a Whether the subject was in possession (constructive or otherwise) of relevant ammunition, whether loaded or not. You could not be signed in, please check and try again. Section 38 goes on to provide guidance on determining whether something is indistinguishable from a real firearm. Certain cartridges previously listed in Home Office guidance as qualifying a firearm as antique are not included in the Antique Firearms Regulations 2021, whereas certain cartridges not previously listed in that guidance are included in those regulations: see Home Office Circular 001/2021: Antique Firearms Regulations 2021 and the Policing and Crime Act 2017 (Commencement No.11 and Transitional Provisions) Regulations 2021. Please check official sources. The definition of firearm is also expanded under this crime to include not only firearms, but imitation firearms as well. 11365 (a) HS Possession of narcotics paraphernalia. Where a child or young person has committed an offence, prosecutors should consider diversion, according to the gravity of the offence and the principles of the youth caution and conditional caution scheme. Prohibited weapons and ammunition subject to the minimum mandatory sentence provisions: The following are also prohibited but are not subject to mandatory minimum sentences: The Firearms Act 1968 creates a number of offences relating to the possession of firearms or imitation firearms with particular intents or in particular circumstances: Note that offences under sections 19, 20 and 21 may be committed using antique weapons which are sold, transferred, purchased, acquired or possessed as curiosities or ornaments, and which are therefore otherwise exempt from offences under the 1968 Act (see above, under Antique Firearms). For manufacturers, importers and vendors to claim one of the defences, they must be able to show that their conduct was for purpose of making realistic imitation firearms available for one of the reasons specified. The 'concerning' incident happened in Ashlawn Road yesterday afternoon Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy, Stay up to date on the latest, breaking news. In order to be found guilty of possessing an imitation gun for an unlawful purpose, the state must prove several elements. Imitation Firearm - NSW Police Public Site This permit is for persons wishing to possess or use an imitation firearm as defined by section 4D of the Firearms Act 1996. This means that an offence R. 42. Prosecution will generally be in the public interest given the seriousness of firearms offences and the risk to public safety. This means that, from 22 March 2021, firearms chambered for the use with some cartridges ceased to be regarded as antique firearms, whereas firearms chambered for the use with some other cartridges became antique firearms (assuming they met the other criteria for antique firearms) and therefore, for example, are exempt from the need for a firearms certificate. A Winnipeg woman says a system crash at Shoppers Drug Mart has left her without her pain medication for two days. Prosecutors should consider the Sentencing Councils guidelines on sentence (see below, under Guidelines). Unlawful possession of weapons. Man dead following officer-involved shooting in Prince Albert, Sask. the offence of possession of a firearm or imitation firearm with intent to cause fear of violence, contrary to s 16A of the Firearms Act 1968. Firearms or other weapons in educational institutions. Sections 22 to 24A of the Firearms Act 1968 create offences relating to the possession and acquisition by minors of firearms and air weapons and the supply of firearms and air weapons to minors: Section 28 of the Violent Crime Reduction Act 2006 creates an offence of using another person to mind a dangerous weapon: Section 28(2) would cover cases in which: Prosecutors should note that the evidential requirements of this offence may be harder to satisfy than those of simple possession under sections 1, 2 or 5 Firearms Act 1968. Consideration should be given to an attempt where the defendant expresses a belief that the weapon was a real firearm. expert evidence clearly addresses whether an imitation firearm is "readily convertible" and/or whether a partially reactivated firearm or its component parts can be test fired; where apparently complex or remote test firing procedures are used, it is clear why the procedure was used and whether the weapon could have been fired in a conventional manner; there is a consultation or a conference with the forensic expert if there is any misunderstanding or uncertainty regarding the status of the weapon; additional evidence is sought where it appears necessary to rebut the potential defence that the defendant did not know nor have reason to suspect the "readily convertible" nature of the weapon; and. A-0854-21 Decided December 30, 2022 Submitted byNew Jersey Personal Injury Lawyer, Jeffrey Hark. For these offences it is not necessary to prove that a defendant knew the precise nature of the goods, but it is sufficient to prove that a defendant knew that the goods were prohibited or restricted: R v Forbes (Giles) [2001] UKHL 40. 2C:39-1(f). The timely provision of photographs may avoid the need for the weapon and the accompanying officer to come to court. [3] State v. Jenkins, 234 N.J.Super. Animitation firearm is defined broadly to mean an object or device reasonablycapable of being mistaken for a firearm. A 3D printed firearm is a firearm that is primarily produced with a 3D printer.They can be classified by the type of 3D printers used: plastic (desktop fused filament fabrication), metal (industrial selective laser melting), or both.While plastic ones are usually used as improvised firearms that evade gun control, 3D-printed metal guns are more commonly thought as a way Humberto Moya-Gonzalez, a 28-year-old transient, was arrested and booked into county jail for the following charges: 20170 (a) PC Openly displaying an imitation firearm in public. Section 5(1)(ag): any rifle with a chamber from which empty cartridge cases are extracted using energy from propellant gas, or energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rim-fire cartridges; Section 5(1)(b): any weapon of whatever description designed or adapted for the discharge of any noxious liquid gas or other thing. This includes stun guns or electric shock devices, CS gas, but not usually cattle prods depending on the type. 2022 On conviction, the maximum fine is $15,000. There are no further details of the Calgary paramedics rushed a pedestrian to hospital on Wednesday after he was hit by a vehicle in the community of Montgomery. Section 1(1) of the Firearms Act 1968 creates an absolute offence of having possession of, purchasing or acquiring a firearm or ammunition without a certificate or otherwise than as authorised by such a certificate. On indictment: 5 years or a fine; or both, Provision creating offence: Section 170 Customs and Excise Management Act 1979, General nature of offence: Importation of Firearms. 311, 316 (App. It is an offence under section 5(1) and (1A) of the Firearms Act 1968 to possess, purchase or acquire without authority any of the weapons and ammunition listed in those subsections, which are known as prohibited weapons and prohibited ammunition. 2C:39-4(e) advisory comments. The ten (10) criminal lawyers at the Law Offices of Jonathan F. Marshall outstanding qualifications to ensure your receive the best defense to your imitation firearm offense. The payments, intended to help offset inflationary pressures, will be received in monthly instalments of $100. the Firearms Act 1982 had to be regarded as amending the Firearms Act 1968 by enlarging its reach to those imitation firearms which fell into the provisions of section 1(1) of the 1982 Act, despite the fact that the 1982 Act did not directly amend the 1968 Act; the intention of the Firearms Act 1982 was only to widen the description of firearm in cases where conversion of an imitation firearm could be achieved without any special skill and without the use of equipment or tools other than those in common use; since the section 57 of the 1968 Act referred to the capacity of a particular item and not its capacity in combination with other pieces of equipment, there was no warrant for including within the definition in section 57 an item which could discharge a missile only in combination with other tools extraneous to it. The Firearms Act 1968 defines an imitation firearm as: Anything that has the appearance of being a firearm whether it is capable of discharging any shot bullet or other missile or not This definition will include most BB guns and replica firearms. In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm, the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and. Police in Londonderry have charged a 33-year-old man with possession of an imitation firearm in a public place, possession of an imitation firearm with intent to cause Section 4A of the Firearms Act 1968 creates an offence of a person other than a registered firearms dealer having in their possession or under their control any article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm with intent to use that article for that purpose. As noted above (see under Importation of Firearms), prosecutors should aver in the indictment the type of firearm involved in the section 170 offence. GOV.UK is the place to find L.R. We have appeared in every municipal court in New Jersey including the following towns: East Rutherford, Glouchester Township, Brick, Cherry Hill, Vineland, Bridgeton, Middletown, Egg Harbor, Appleton, Wall, Paramus, Freehold, Trenton, Rockaway, Hoboken, Woodstown, Port Jervis, Sicklerville, Fort Lee, Winslow, Jersey City, and all other NJ towns. A person authorized to seize an imitation firearm under section 158 of the Provincial Offences Act is also authorized to seize any other such firearms in the possession of the seller or transferor for the purpose of sale or transfer. Knowledge of the prohibition or restriction may be demonstrated through, for example, hiding the goods or mis-describing them on any declaration. In R v Jones (IF) [1997] 1 Cr. Skip to Article was charged with possession of an imitation firearm for an unlawful Here's where they'll be, 'This has absolutely saved lives': Safe supply dispensing machine in Victoria hailed as a success, Manslaughter charge laid in death of Nanaimo woman, Turpel-Lafond returns honorary doctorate to Vancouver Island University. Man charged with murder in suspicious death of man in East Walton, N.S. The following offences relating to firearms are offences to which section 283 of the Sentencing Act 2020 (life sentences for second listed offences) is applicable: The provision relating to robbery only applies if the defendant has admitted before the court that they had a firearm in their possession during the robbery, or if the jury return a specific verdict establishing that fact: R v Hylands [2004] EWCA Crim 2999 CA. R. 104, CA. On indictment: 5 years or a fine; or both. what you think by taking our short survey, An accountant who was jailed for defrauding victims including the NHS has been ordered to pay back nearly 240k., Yesterday we hosted our second Mental Health Stakeholder Forum for a valuable conversation on the topic of children, RT @SkyNews: BREAKING: Chief Crown Prosecutor, Jaswant Narwal, says David Carrick's case is "one of the most shocking cases the Crown Prose, A Metropolitan Police officer who degraded, raped and sexually assaulted 12 women has today admitted his crimes., "The CPS is a fantastic organisation to be a part of with numerous opportunities that I am looking forward to embra, Updated: 29 July 2020; Updated: 24 March 2021; Updated: 29 October 2021, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Rules 2 and 3 of the Firearms (Dangerous Air Weapons) Rules 1969, section 8 of the Firearms (Amendment) Act 1988, section 38(1) of the Violent Crime Reduction Act 2006, Section 8A of the Firearms (Amendment) Act 1988, regulation 3 of the Antique Firearms Regulations 2021, regulation 2 of the Antique Firearms Regulations 2021, regulation 4 of the Antique Firearms Regulations 2021, Home Office Circular 001/2021: Antique Firearms Regulations 2021 and the Policing and Crime Act 2017 (Commencement No.11 and Transitional Provisions) Regulations 2021, Regulation 3 of the Policing and Crime Act 2017 (Commencement No.11 and Transitional Provisions) Regulations 2021, Section 32 of the Firearms (Amendment) Act 1997, Section 32 of the Violent Crime Reduction Act 2006, section 5(1) and (1A) of the Firearms Act 1968, Section 28 of the Violent Crime Reduction Act 2006, Section 36 of the Violent Crime Reduction Act 2006, The Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007, Home Office guidance Deactivated firearms: Implementing Regulation (EU) 2015/2403, Specifications for the adaptation of shotgun magazines and the deactivation of firearms: revised 2010, Section 170(1) of the Customs and Excise Management Act 1979, Article 1 of the Import of Goods (Control) Order 1954, The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011, Sentencing Council definitive guideline for sentencing firearm offences, section 24(1B) Magistrates Courts Act 1980, a lethal barrelled weapon, as defined under, a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon, as defined in. A 14-year-old boy carrying an imitation handgun was arrested Sunday, police said. For Possession of an Imitation Firearm, the maximum sentence that can be imposed is one of a Level 5 fine and/or 6 months imprisonment if tried Summarily or up to 12 months imprisonment if tried on Indictment. In this way, possession can be distinguished from the requirement that a defendant had with him a firearm; for discussion of the circumstances in which a defendant can be said to have with him a firearm, see R v Bradish & Hall [2004] EWCA Crim 1340. Section 8A(5) places a duty on the Secretary of State to publish a document setting out the technical specifications for the deactivation of weapons which apply. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for he uses another to look after, hide or transport a dangerous weapon for him; and. 2C:39-1(v) defines imitation firearm as an object or device reasonably capable of being mistaken for a firearm. It also provides various defences if the realistic imitation firearm was available for: The Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007 provide two further defences. [1] A firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature or a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. When a person has been charged with an indictable only offence, all firearms, weapons, component parts and ammunition should be submitted to the FSP with a request for a report. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). machine guns, burst fire weapons; Section 5(1)(ab): any self-loading or pump-action rifled gun other than one which is chambered for .22 rim-fire, e.g. State of New Jersey v. William Mongillo, Jr. Docket No. The tribunal may take into account evidence of witnesses who saw the thing at the relevant time (Morris and King), but the question of whether something has the appearance of being a firearm is a decision for the tribunal of fact to make on an objective basis, and it therefore does not matter if a witness knew that the thing was not in fact a real firearm: K v DPP [2006] EWHC 2183 (Admin). A 16-year-old student is facing a weapons charge after bringing an imitation firearm to a Regina high school on Monday, according to the Regina Police Service (RPS). However, they may still constitute imitation firearms. Section 57(1C)excludes from the definition of a "lethal barrelled weapon" any weapon meeting the definition of "airsoft gun" under section 57A. Unlike with "Realistic Imitation Firearms", it is not always necessary to obtain evidence from the Forensic Service Provider (FSP) on whether the thing is an imitation firearm. Kelly has numerous prior felony convictions, including one for attempted aggravated assault in 2008 and one for possessing a firearm as a convicted felon in 2010. City councillors are endorsing the administration's plan to pay back up to $20 million of snow removal costs with a new tax levy. Possession of an Imitation Firearm for Unlawful PurposeUnder N.J.S. A person acts knowingly with respect to a result of (his/her) conduct if a person is aware that it is practically certain that (his/her) conduct will cause such a result. Section 5(2) provides that weapons and ammunition of a number of different types, specified in subsections (1) and (1A), are prohibited weapons and prohibited ammunition respectively. The youth is charged with Possession of a Weapon for a purpose dangerous to public peace, contrary to section 88 of the Criminal Code. On indictment: 7 years or a fine; or both. Punishment: Summary: 6 months or a fine of the statutory maximum; or both. During the search, officers recovered an item resembling a firearm, which was later determined to be realistic replica of a 9mm pistol. [4] State v, Petties, 139 N.J. 310 (1995). However, where the Firearms Officer suspects that the air weapon is "specially dangerous" and is therefore a firearm for the purposes of the Act, the air weapon should be submitted to a Forensic Service Provider (FSP) for the issue to be resolved. The statute on with the crime of possession of an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose. R. 105. pen guns, key fob guns and phone guns. Possession of an Imitation Firearm at an Educational Institutions. Possession of a Firearm It is an offence under section 1 of the Firearms Act 1968 to possess a firearm, certain air weapons and certain ammunition without a certificate. soft-point or hollow-point ammo; Section 5(1A)(g): anything which is designed to be projected as a missile from any weapon and is designed to be, or has been, incorporated in: any ammunition falling within any paragraph of subsection (1A); or, any ammunition which would fall within any of those paragraphs but for its being specified in subsection (1). This guidance assists our prosecutors when they are making decisions about cases. Examples of possible charges are given below: These weapons should be submitted to a FSP for examination. TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE, View the 2021 New Jersey Revised Statutes, View Other Versions of the New Jersey Revised Statutes. Section 18(1) covers the same intention, but at an earlier stage and refers to "any indictable" offence. he does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapons being available to him for an unlawful purpose. Section 5(1A)(b): any rocket or ammunition not falling within subsection (1)(c) which consists in or incorporates a missile designed to explode on or immediately before impact and is for military use; Section 5(1A)(c): any launcher or other projecting apparatus not falling within subsection (1)(ae) which is designed to be used with any rocket or ammunition falling within subsection (1A)(b) or with ammunition which would fall within subsection (1A)(b) but for its being ammunition falling within subsection (1)(c); Section 5(1A)(d): any ammunition for military use which consists in or incorporates a missile designed so that a substance contained in the missile will ignite on or immediately before impact, e.g. 2C:39-1(v). 11377 (a) HS Possession of a controlled substance. Section 2(1) creates an offence of having possession of, purchasing or acquiring a shot gun without a certificate. The sighting of an imitation firearm in public has the potential to cause fear and distress. The firearm is a shortened shotgun for the purposes of section 4(4) see above. his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence. Where a firearm offence is disclosed in addition to another substantive offence, a suitable count should always be included on the indictment so that: Where the weapon in question is not recovered, and thus its status remains unknown, it is not duplicitous to include the phrase "firearm or imitation firearm" in a count under sections 17 or 18 of the 1968 Act.
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