Firearms appeal dismissed – Henry Blackshaw establishes new legal principle

Henry Blackshaw has developed a specialism in firearm’s law. He was recently involved in a lengthy prosecution at Bolton Crown court, which concerned conspiracies to possess and the possession of a large variety of firearms. Over two days of the trial involved expert evidence, addressing the modification and classification of various rifles, shotguns and sidearms.

The main defendant was convicted of possession of a sidearm, under S.5 of the Firearms Act. He appealed this conviction to The Court of Appeal.

The case, established a new legal principle, in that the Court of Appeal found for the first time, that the breach of a condition on a Firearms Certificate can have the effect of depriving the holder of his lawful right to possess the gun. This established liability for an offence under S.5 (1)(aba) of the Firearms Act, rather than just being in breach of a licence condition, which is a lesser, summary only, offence. Find more details here

Cyrus Shahabi Shack, a Bolton gun shop owner, was charged with possession of a prohibited firearm, namely a Ruger five shot revolver.

He had been given permission to own the revolver for the purposes of humane dispatch of wounded deer. A condition on his firearms certificate was that the revolver’s capacity should be limited to two shots. He had then removed the restrictions which had been inserted into the remaining chambers, so as to revert the gun to its original five shot capacity. He had sought to argue that this modification was no more than a breach of that condition. The prosecution argued that the legal effect of the modification voided the permission he had been given to possess the weapon.

Henry Blackshaw of Lincoln House Chambers prosecuted, instructed by the Crown Prosecution Service.

For further information on the case please visit the Manchester Evening News website