BOYS WITH PEA-RIFLES.

New Zealand Herald, Volume L, Issue 15307, 21 May 1913, Page 8

BOYS WITH PEA-RIFLES.

MENACE TO THE COMMUNITY. JUDGE ; COOPER'S VIEWS. ' POLICE SHOULD HAVE* WIDER •v;..' <■ - "-POWERS. * The need for an amendment of the law in regard to the carying of pea-rifles, or other firearms, by boys under the age of 16 years was urged by His Honor Mr. Justice Cooper at the Suprome Court yesterday. His Honor pointed out that at present a firearm could not be taken, from a boy until he had been brought before a magistrate and convicted. 'This he considered was not sufficient, and added that in his opinion the law should be amended to provide that a constable should have the po&er to seize firearms directly it came to his knowledge that boys had them unlawfully in their possession. ."This question of the possession of firearms by boys is a very serious One," remarked His Honor, after having dealt with the lad Sheehan, who had pleaded guilty to a charge of manslaughter in connection with the shooting of a companion. • "The uso of pea-rifles in the hands, of young lads has been productive of very great injury to the community, and there have been many accidentsfatal accidents —because of $ the indiscriminate use of these weapons when placed in the hands of children who have no business to have possession of them. I really think that the public do not appreciate a law dealing with the matter. It is not lawful to sell .or supply firearms or ammunition to persons under the age of 16 years, and, similarly, it is not lawful for any person under 16 years of age to have in his possession euch firearms or ammunition. " •' '- "The evidence in this particular case," ho continued, in reference to the manslaughter charge, shows that the lads were in v > possession of the pea-rifle and something like 200 cartridges. Each cartridge • contained a pellet which, had. it struck any one of the boys, might have killed or seriously •wounded him. ... I cannot understand how, with the* law as it stands now, and has stood for some years past, lads obtain possession of these pea-rifles and the ammunition necessary ; for their discharge; and yit seems to mo essential that some inquiry should be made as to where they secure them." The Crown Prosecutor : There was a prosecution in connection with this case, Your Honor. ' \ "At present, as I have already remarked," resinned His Honor, "the rifles and ammunition unlawfully in the possession of any person are handed over to the Crown, but only after a conviction baa been entered. I believe that the law should ( be amended to give police officers power to seize the rifles in possession ,of such persons without having to go through the process of prosecution, and, further, I believe • that ; many of . these accidents might have been avoided ;if constables had such powers as I suggest. There have been Jnjimerous fatal accidents during the last three or four years because of the indiscriminate use of firearms' by young lads, and ; : therefore I hope my remarks Will reach the ears of the authorities and influence them to make the amendment I b*ve suggested. Although I believe that after a certain age every youth should be taught to use firearms for the purpose, of the defence V, of his country, in - case it should ever need defending, I think tho allowing of young lads under 16 years of age to go s about the district with pearifles in their possession is a menace to the community." ''.*'*.' -"" ' ','" ';' ■ ' The Crown Prosecutor: I believe the police do seize these weapons as you suggest, Your Honor. ■ A His Honor: \ But there is :no statutory • authority for that. I am very pleased, however; that such is the practice, and I trust' that the authority I "suggest will be given the police;' ■'" - ] '- : --: : '-';: ' , . ' ':■:■ A : prominent police official, ' referring* subsequently to His Honor's remarks, said that" in the course of a year a great number of. pea-rifles were confiscated. '■' The procedure adopted in such cases, he explained, was to prosecute the juvenile in whose possession the weapon is found, and the dealer as well. If a conviction follows; the weapon is forwarded to the -Minister for him to :: dispose of. ■''■/' A curious thing about the Act under which: such charges are laid," said the official, is that anybody under 16 years of age cannot, be ; proceeded against, provided the weapon he is in possession of is over .303 calibre." "; Reference to the Act in question (Police Offences Act, 1908, Section 26) gives the definition of firearms for the purposes of th» section as "any gun or pistol of a less calibre than r .303, whether' acted by the i'orce of gunpowder or not."