Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Air Weapons and Licensing (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-08-04

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — AIR WEAPONS

Meaning of air weapon

Meaning of “air weapon”

1

(1) This section defines the expression “air weapon” for the purposes of this Part.

(2) The expression generally has the same meaning as that given in section 1(3)(b) of the Firearms Act 1968 (“the 1968 Act”).

(3) In addition, the expression includes—

(a) the component parts of an air weapon (within the meaning of section 1(3)(b) of the 1968 Act), and

(b) any accessory to such a weapon designed or adapted to diminish the noise caused by discharging the weapon.

(4) But the expression does not include—

(a) an air weapon which is not a firearm (within the meaning of section 57(1) of the 1968 Act),

(b) an air weapon (within the meaning of section 1(3)(b) of the 1968 Act)—

(i) which is not capable of discharging a missile with kinetic energy of more than one joule as measured at the muzzle of the weapon, or

(ii) that is designed to be used only when submerged in water, or

(5) Other words and expressions used in this Part are defined in section 40.

Air weapon certificates

Requirement for air weapon certificate

2

(1) It is an offence for a person to use, possess, purchase or acquire an air weapon without holding an air weapon certificate.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(3) Schedule 1 contains exemptions from—

(a) the offence under subsection (1), and

(b) certain other offences under this Part.

(4) The Scottish Ministers may by regulations amend schedule 1 so as to—

(a) add further exemptions,

(b) remove or modify exemptions.

Electronic communications under the 1982 Act

3

(1) An individual aged 14 years or more may apply to the chief constable for—

(a) the grant of an air weapon certificate, or

(b) the renewal of an air weapon certificate.

(2) An application is valid only if it complies with the requirements of—

(a) section 4 (verification of applications),

(b) if applicable, section 7 (special requirements and conditions for young persons), and

(3) The chief constable must maintain a register containing the details of each application made under this section (whether or not the application results in an air weapon certificate being granted or renewed).

Verification of applications

4

(1) An application for the grant or renewal of an air weapon certificate must be verified in the prescribed form and manner by an individual who meets the requirements of subsection (2) (“a verifier”).

(2) The requirements are that a verifier must—

(a) have known the applicant for at least 2 years,

(b) in the opinion of the chief constable, be of good standing in the community,

(i) a relative of the applicant,

(ii) a registered firearms dealer,

(iii) a constable or a member of police staff,

(iv) a member of, or a member of staff of, the Scottish Police Authority, or

(v) ordinarily resident outwith the United Kingdom.

(3) In verifying the application, a verifier must confirm that, to the best of the verifier's knowledge and belief, the information supplied in the application is correct.

Grant or renewal of air weapon certificate

5

(1) The chief constable may only grant or renew an air weapon certificate if satisfied that the applicant—

(a) is fit to be entrusted with an air weapon,

(b) is not prohibited from possessing an air weapon or other firearm under section 21 of the 1968 Act,

(d) in all the circumstances, can be permitted to possess an air weapon without danger to the public safety or to the peace.

(2) The chief constable may, when considering an application made under section 3 by an applicant who holds a firearm or shot gun certificate, treat paragraphs (a) and (b) of subsection (1) as being satisfied in relation to the applicant.

(3) The chief constable may, before determining an application made under section 3, require that the applicant permit a constable or member of police staff—

(a) to visit the applicant at the applicant's usual place of residence,

(b) to inspect any place where the applicant intends to store or use an air weapon.

Air weapon certificate: conditions

6

(1) Every air weapon certificate is subject to any prescribed mandatory conditions.

(2) The chief constable may, when granting or renewing an air weapon certificate, attach conditions to the certificate (and, in the case of a renewal, may attach different conditions from those attached to the certificate prior to its renewal).

(3) The chief constable may not attach to an air weapon certificate a condition which is inconsistent with—

(a) a prescribed mandatory condition which applies to air weapon certificates, or

(b) a condition which must be attached to the certificate under this Part.

(4) It is an offence for a holder of an air weapon certificate to fail to comply with a condition attached to the holder's certificate.

(5) An individual who commits an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Special requirements and conditions for young persons

7

(1) This section applies where an applicant for an air weapon certificate is under the age of 18.

(2) A parent or guardian of the applicant must consent in the prescribed form and manner to the applicant making the application.

(3) Where the chief constable grants an air weapon certificate to an individual under the age of 18, the chief constable must attach to the certificate—

(a) the condition described in subsection (4), and

(b) one or more of the conditions described in subsection (5).

(4) The condition is that the holder may not purchase, hire, accept a gift of or own, an air weapon.

(5) The conditions are that—

(a) the holder may use and possess an air weapon only for sporting purposes (including shooting live quarry) on private land,

(b) the holder may use and possess an air weapon only for the purposes of target shooting on private land,

(d) the holder may use and possess an air weapon only for the purposes of the holder's membership of an approved air weapon club,

(e) the holder may use and possess an air weapon only for the purposes of protecting livestock, crops or produce on land used for or in connection with agriculture,

(f) the holder may use and possess an air weapon only for the purposes of pest control.

(6) It is sufficient, for the purposes of section 5(1)(c), for the chief constable to be satisfied that the applicant has a good reason for using or possessing an air weapon.

(7) For the purposes of this section, “agriculture” is to be construed in accordance with section 85 of the Agricultural Holdings (Scotland) Act 1991.

Duration of air weapon certificate

8

(1) An air weapon certificate expires (unless earlier revoked or cancelled)—

(a) in the case of a certificate granted to an individual under the age of 18, when the individual attains the age of 18,

(b) in any other case, at the end of the period of 5 years beginning with the date on which the certificate is granted or renewed.

(2) Where an individual has applied for the renewal of an air weapon certificate before its expiry but the chief constable has not, as at the date of its expiry, determined whether or not to grant the renewal, the certificate is to continue to have effect until the application is determined.

(3) The Scottish Ministers may by regulations amend subsection (1)(b) to specify a different period.

Alignment of different types of certificate

9

(1) Subsection (2) applies where an individual—

(a) holds a firearm or shot gun certificate, and

(b) makes an application for the grant or renewal of an air weapon certificate under section 3.

(2) Where this subsection applies, the applicant may request that the chief constable grant or renew an air weapon certificate for such shorter period than is provided for in section 8 as is appropriate to secure that it expires on the same day as the applicant's firearm or shot gun certificate (or, if the applicant holds both a firearm and shot gun certificate, either of them).

(3) Subsection (4) applies where an individual—

(a) holds an air weapon certificate, and

(b) makes an application for the grant or renewal of a firearm or shot gun certificate under the 1968 Act.

(4) Where this subsection applies, the applicant may make an application under section 3 of this Act for the air weapon certificate to be renewed as from the same day as that on which the firearm or shot gun certificate is granted or renewed.

Variation of air weapon certificate

10

(1) The chief constable may, by giving notice to the holder of an air weapon certificate—

(a) vary the holder's certificate,

(b) attach conditions to the certificate, or

(i) a prescribed mandatory condition which applies to air weapon certificates, or

(ii) a condition which must be attached to the certificate under this Part.

(2) The chief constable may give a notice under subsection (1)—

(a) on the application of the holder of an air weapon certificate, or

(b) of the chief constable's own accord (at any time).

(3) The chief constable may not attach to an air weapon certificate a condition which is inconsistent with—

(a) a prescribed mandatory condition which applies to air weapon certificates, or

(b) a condition which must be attached to the certificate under this Part.

(4) For the purposes of this section, the chief constable may by notice given to the holder of an air weapon certificate require the holder to produce the certificate within the period of 21 days beginning with the date on which the notice is given.

Revocation of air weapon certificate

11

(1) The chief constable must revoke an air weapon certificate if—

(a) the chief constable is satisfied that the holder of the certificate can no longer be permitted to possess an air weapon without danger to the public safety or to the peace, or

(b) the holder is prohibited from possessing an air weapon or other firearm under section 21 of the 1968 Act.

(2) The chief constable may revoke an air weapon certificate if—

(a) the chief constable has reason to believe that the holder—

(i) is no longer a fit person to be entrusted with an air weapon, or

(ii) no longer has a good reason to use, possess, purchase or acquire an air weapon,

(b) the chief constable is satisfied that the holder of the certificate has failed to comply with a condition attached to the certificate, or

(3) An air weapon certificate is revoked by the chief constable giving notice to the holder of the certificate to that effect.

(4) A notice under subsection (3) must—

(a) be given at least 7 days before the date on which the revocation is to take effect, and

(b) require the holder to surrender the certificate and any air weapons that the holder possesses by such date as the chief constable may specify in the notice.

(5) It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3).

(6) A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) In the event that the holder of an air weapon certificate makes an appeal under section 34 against a decision to revoke the holder's certificate—

(a) the revocation does not take effect, but

(b) the holder must still surrender the certificate and any air weapons that the holder possesses in accordance with the requirements of the notice given under subsection (3),

pending the determination or withdrawal of the appeal.

Permits

Police permits

12

(1) The chief constable may, on the application of an individual, grant a permit (“a police permit”) authorising the individual—

(a) to possess or acquire an air weapon without holding an air weapon certificate, or

(b) to sell (or expose for sale) an air weapon in the course of that individual's business.

(2) A police permit must not be granted to an individual who is prohibited from possessing an air weapon or other firearm under section 21 of the 1968 Act.

(3) A police permit expires (unless earlier revoked or cancelled) on the expiry date specified in the permit.

(4) An application for a police permit is valid only if it complies with the requirements of any regulations under section 36 which apply to the application.

Visitor permits

13

(1) The chief constable may, on the application of a qualifying visitor, grant a permit (“a visitor permit”) authorising the visitor to use, possess, purchase or acquire an air weapon without holding an air weapon certificate for the period (or a part of it) that the qualifying visitor is in Scotland.

(2) A person may, on behalf of a group of 2 to 20 qualifying visitors, make an application to the chief constable for each member of the group to be granted a visitor permit.

(3) The chief constable may grant a visitor permit to some or all of the members of the group.

(4) The chief constable may grant a visitor permit only if satisfied—

(a) in the case of an individual application, that the qualifying visitor has a good reason for using, possessing, purchasing or acquiring an air weapon while visiting Scotland,

(b) in the case of a group application, that each qualifying visitor is to use and possess an air weapon while visiting Scotland only—

(i) for sporting purposes (including shooting live quarry) on private land,

(ii) for the purposes of target shooting on private land, or

(iii) for the purposes of participating in an event or competition,

(i) that the qualifying visitor can be permitted to possess an air weapon without danger to the public safety or to the peace, and

(ii) that the qualifying visitor is not prohibited from possessing an air weapon or other firearm under section 21 of the 1968 Act.

(5) For the purposes of subsection (4)(b)(i) and (ii) the chief constable may require the applicant to produce evidence that the owner or occupier of the land consents to the visitors' intended use or possession of air weapons on the land.

(6) Except where section 14 applies, the chief constable must, on granting a visitor permit in respect of a group application, attach to the permit as a condition that the holder of the permit may use and possess an air weapon only for such of the purposes described in subsection (4)(b) as the chief constable may specify in the condition.

(7) A visitor permit expires (unless earlier revoked or cancelled) on the expiry date specified in the permit.

(8) No visitor permit is to be granted for a period of longer than 12 months.

(9) An application for a visitor permit is valid only if it complies with the requirements of any regulations under section 36 which apply to the application.

(10) For the purposes of this section and section 14—

“group application” means an application under subsection (2) for visitor permits made by a person on behalf of qualifying visitors in a group,

“individual application” means an application under subsection (1) for a visitor permit made by the qualifying visitor,

“qualifying visitor” means an individual who is—aged 14 years or more,not ordinarily resident in Scotland, andvisiting (or intending to visit) Scotland.

Visitor permits: young persons

14

(1) This section applies—

(a) where an individual applicant for a visitor permit is under the age of 18,

(b) in respect of any individual who is—

(i) under the age of 18, and

(ii) on whose behalf a visitor permit is applied for as part of a group application.

(2) A parent or guardian of the applicant or individual under the age of 18 must consent in the prescribed form and manner to the making of the application.

(3) The chief constable must, on granting a visitor permit in respect of an individual application, attach to the permit—

(a) the condition described in section 7(4), and

(b) one or more of the conditions described in subsection (5) of that section.

(4) The chief constable must, on granting a visitor permit in respect of a group application, attach to the permit—

(a) the condition described in section 7(4), and

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