Assignment Question
PRACTICAL LEGAL RESEARCH LPC LEVEL: You are a Trainee Solicitor at ULaw LLP and have received the following memorandum from your Supervising Partner MEMORANDUM From: Mohamed Akhtar To: Trainee Clients: Giovanni Rossi and Amy Stokes Matters: Firearms and Otters Giovanni Rossi and Amy Stokes are two long standing clients of the firm who have requested independent advice on two recent events. The background to which is set out below: Giovanni Rossi: Giovanni is a long-standing existing client of the firm. He owns a freehold farm with over 170 acres. He attended a meeting to discuss various issues and a couple of points have arisen. He mentioned that he had an antique revolver that fires “.320 British cartridges” (also known as .320 Revolver CF, short or long), it was manufactured on the 1 September 1942. His grandfather gave him this in his will, he said that it is in excellent condition and he ensures that it regularly cleaned and he fires it occasionally to ensure that the mechanisms are still working. He said that he doesn’t have a license for this gun but he does not think it is needed. He also has a shot gun certificate and possesses a shotgun. He keeps it in a barn on the farm and has it leant up against wall near the door, so it is on hand to deal with any animals that are threatening his livestock. A friend visited the farm the other day, and Giovanni showed him the antique gun, his friend advised that he cannot keep this and it needs to be handed to the police. The friend also saw the gun in the barn and he said that this should be locked up when not being used. Giovanni would like to know whether he can keep the antique gun, what are the legal requirements and what are the consequences of failing to comply. He also wants to know whether his friend is correct about the storage of the shotgun and any legal requirements and penalties for failing to comply. Amy Stokes Amy Stokes is also a long-standing client of the firm. She has instructed you to sell her farm which includes the farmhouse where she lives, but she is concerned about a matter that might affect the marketability of the property. She advises that they have an ornamental pond with Koi Carp fish and they have noticed that otters are killing and eating the fish and the stock of fish has been depleted. The pond and its inhabitants will be a key selling feature when marketing the property. She advises that she plans to set a trap to catch the otters and remove them from the land and relocate them in in a field near to another river. Amy would like to know whether she can remove the otters and the legal implications of doing so. In relation to both Giovanni and Amy could you undertake some research and prepare a research report dealing with the identified issues in order that I can respond to them.
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