Commentary on Sections Part 2: Weapons etc. Section 34: Firing an air weapon beyond premises
225.One type of air weapon misuse involves the firing of an air weapon across the boundary of premises. Existing offences covering this type of misuse are linked to the use of air weapons by young people and consequently apply only to people under 17, not to adults. This section closes this loophole by making it an offence for a person of any age to fire an air weapon beyond the boundary of premises. A defence is provided to cover the situation where the person shooting has the consent of the occupier of the land over or into which he shoots.
226.Subsection (2) introduces the new offence by inserting a new section 21A into the Firearms Act 1968. Subsection (3) removes the existing offences relating to young people in section 23(1) and 23(4) of the 1968 Act while preserving the additional offence committed by a person supervising someone under the age of 18 who commits the offence of firing an air weapon beyond premises. Subsection (3) also introduces the defence described above to the supervision offence.