From: "John Hurst", [EMAIL PROTECTED]
>"It should be noted a person who remains on his own property may with
>impunity go around positively festooned with weapons. If he has a firearm
he
>would need the appropriate certificate. His house may be a veritable
>arsenal. He will be committing no offence under this Bill".
>Hansard, 14 April 1953.
>The security conditions on FAC's also take this into account.
>>Do they?
Steve,
The secure storage conditions are relaxed when a weapon is in use
for "a neccessesary purpose"...The word "neccesity" is an alternative form
for "duress". And duress, as Blackstones confirms, is the justification for
the use of force in self defence. In other words a certificated weapon can
be removed from secure storage and used for self defence, as IG has pointed
out.
This is Blackstones definition of "duress";
" But the life and limbs of a man are of such high value, in the estimation
of the law of England, that it pardons even homicide if committed se
defendo, or in order to preserve them. For whatever is done by a man, to
save either life or a member, is looked upon as done upon the highest
necessity and compulsion. Therefore if a man through fear of death or mayhem
(injury) is prevailed upon to execute a deed, or do any other legal act:
these, though accompanied with all the other requisite solemnities, may be
afterwards avoided, if forced upon him by a well-grounded apprehension of
loosing his life, or even his limbs, in case of his non-compliance. And the
same is also a sufficient excuse for the commission of many misdemeanours.
The constraint a man is under in these circumstances is called in law
duress.
A fear of battery, or being beaten, though never so well grounded, is no
duress: neither is the fear of having ones house burned, or ones goods taken
away and destroyed: because these cases, should the threat be performed, a
man may have satisfaction by recovering sufficient damages; but no suitable
atonement can be made for loss of life, or limb...".
A Metropolitan Police "General order" of 1977, ( available from the House of
Commons library, not the current one which is apparently confidential),
recognises the concept of duress and confirms that the police have no
special privileges in respect of the use of firearms;
" Every police officer to whom a weapon is issued must be strictly warned
that it to be used only in cases of absolute necessity, e.g. If he, or the
person he is protecting, is attacked by a person with a firearm or other
deadly weapon and he cannot otherwise reasonably protect himself or give
protection, when he (as well as a private person) may resort to a firearm as
a means of defence".
Police licensing departments should acknowledge the subjects common law
right to claim the benefit of duress or necessity and not revoke
certificates arbitrarily when weapons have been used for self defence. In
the case of Section 1 weapons held for "target practice" the only FAC
condition which would be broken is the one about "use on authorised ranges
only" after all.
Policemen who do not acknowledge this right will soon find themselves in
difficulties when they have to use force themselves, or exceed the speed
limit like the Home Secretaries driver <g>.
PS. I met a retired policeman the other day who told me what his
instructions were if confronted by an armed criminal. They were to call at
nearby houses to find a gun to borrow. The current regime in ACPO would not
approve I'm sure.
Regards, John Hurst.
--
Well the McKay report made it perfectly clear Section 1 firearms
could be used for self-defence if that is what it said on the
FAC.
I just think the whole concept of it is ridiculous, given that
we have to keep them locked up and the ammo seperately. Even
then, most homes have fairly small rooms, I couldn't see myself
poking around with a four foot long shotgun!
I think I'll stick with my bayonet.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
___________________________________________________________
T O P I C A http://www.topica.com/t/17
Newsletters, Tips and Discussions on Your Favorite Topics
