The powers library06 of 59 Stop and search
Firearms stop and search
s.47Firearms Act 1968
A constable who reasonably suspects a person has a firearm in a public place, or is committing or about to commit a s.18 or s.20 firearms offence elsewhere, may require them to hand it over, search and detain them, search vehicles and enter any place to do so.
Firearms stop and search · Firearms Act 1968, s.47Card 06 / 59
When you can use it
Say them out loud first. Then tap each one to check.
- s.47(1)(a), (3)Reasonable cause to suspect the person has a firearm (with or without ammunition) with them in a public place, or
- s.47(1)(b), (3)Reasonable cause to suspect the person is committing or about to commit, somewhere other than a public place, an offence under s.18(1), s.18(2) or s.20
- s.47(4)For a vehicle, reasonable cause to suspect there is a firearm in it in a public place, or that it is being or is about to be used in connection with a s.18 or s.20 offence elsewhere
- Code A 2.2The suspicion is genuinely held and objectively reasonable, based on information, intelligence or the person's behaviour
- PACE s.2(2)–(3)Before searching, reasonable steps taken to give the required information, and warrant card shown if not in uniform
Firearms stop and search: questions people ask
When can the police use firearms stop and search?
1. Reasonable cause to suspect the person has a firearm (with or without ammunition) with them in a public place, or 2. Reasonable cause to suspect the person is committing or about to commit, somewhere other than a public place, an offence under s.18(1), s.18(2) or s.20 3. For a vehicle, reasonable cause to suspect there is a firearm in it in a public place, or that it is being or is about to be used in connection with a s.18 or s.20 offence elsewhere 4. The suspicion is genuinely held and objectively reasonable, based on information, intelligence or the person's behaviour 5. Before searching, reasonable steps taken to give the required information, and warrant card shown if not in uniform
Who can use firearms stop and search?
A constable.
What law gives the power for firearms stop and search?
Firearms Act 1968, s.47.
More stop and search powers
- Stop and search safeguardsPolice and Criminal Evidence Act 1984, ss.2–3
- Search for controlled drugsMisuse of Drugs Act 1971, s.23
- Stop and search without suspicion in anticipation of serious violenceCriminal Justice and Public Order Act 1994, s.60
- Removal of face coveringsCriminal Justice and Public Order Act 1994, s.60AA
- Terrorism stop and search (reasonable suspicion)Terrorism Act 2000, ss.43–43A
- Stop and search without suspicion in a specified area or place (terrorism authorisation)Terrorism Act 2000, s.47A
- Road checksPolice and Criminal Evidence Act 1984, s.4
- Entry and search of school premises for weaponsCriminal Justice Act 1988, s.139B