Firearms Act 1968

Part I — Provisions as to Possession, Handling and Distribution of Weapons and Ammunition; Prevention of Crime and Measures to Protect Public Safety

General restrictions on possession and handling of firearms and ammunition

Requirement of firearm certificate

1

• (1) Subject to any exemption under this Act, it is an offence for a person—

• (a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

• (b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

• (2) It is an offence for a person to fail to comply with a condition subject to which a firearm certificate is held by him.

• (3) This section applies to every firearm except—

• (a) a shot gun within the meaning of this Act, that is to say a smooth-bore gun (not being an air gun) which—

• (i) has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;

• (ii) either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and

• (iii) is not a revolver gun; and

• (b) an air weapon (that is to say, an air rifle, air gun or air pistol which does not fall within section 5(1) and which is not of a type declared by rules made by the Secretary of State under section 53 of this Act to be specially dangerous).

• (3A) A gun which has been adapted to have such a magazine as is mentioned in subsection (3)(a)(ii) above shall not be regarded as falling within that provision unless the magazine bears a mark approved by the Secretary of State for denoting that fact and that mark has been made, and the adaptation has been certified in writing as having been carried out in a manner approved by him, either by one of the two companies mentioned in section 58(1) of this Act or by such other person as may be approved by him for that purpose.

• (4) This section applies to any ammunition for a firearm, except the following articles, namely:—

• (a) cartridges containing five or more shot, none of which exceeds ·36 inch in diameter;

• (b) ammunition for an air gun, air rifle or air pistol; and

• (c) blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge.

Requirement of certificate for possession of shot guns

2

• (1) Subject to any exemption under this Act, it is an offence for a person to have in his possession, or to purchase or acquire, a shot gun without holding a certificate under this Act authorising him to possess shot guns.

• (2) It is an offence for a person to fail to comply with a condition subject to which a shot gun certificate is held by him.

Business and other transactions with firearms and ammunition

3

• (1) A person commits an offence if, by way of trade or business, he—

• (a) manufactures, sells, transfers, repairs, tests or proves any firearm or ammunition to which section 1 of this Act applies, or a shot gun; or . . .

• (b) exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof any such firearm or ammunition, or a shot gun, or

• (c) sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,

without being registered under this Act as a firearms dealer.

• (2) It is an offence for a person to sell or transfer to any other person in the United Kingdom, other than a registered firearms dealer, any firearm or ammunition to which section 1 of this Act applies, or a shot gun, unless that other produces a firearm certificate authorising him to purchase or acquire it or, as the case may be, his shot gun certificate, or shows that he is by virtue of this Act entitled to purchase or acquire it without holding a certificate.

• (3) It is an offence for a person to undertake the repair, test or proof of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, for any other person in the United Kingdom other than a registered firearms dealer as such, unless that other produces or causes to be produced a firearm certificate authorising him to have possession of the firearm or ammunition or, as the case may be, his shot gun certificate, or shows that he is by virtue of this Act entitled to have possession of it without holding a certificate.

• (4) Subsections (1) to (3) above have effect subject to any exemption under subsequent provisions of this Part of this Act.

• (5) A person commits an offence if, with a view to purchasing or acquiring, or procuring the repair, test or proof of, any firearm or ammunition to which section 1 of this Act applies, or a shot gun, he produces a false certificate or a certificate in which any false entry has been made, or personates a person to whom a certificate has been granted, or knowingly or recklessly makes a statement false in any material particular.

• (6) It is an offence for a pawnbroker to take in pawn any firearm or ammunition to which section 1 of this Act applies, or a shot gun.

• (7) It is an offence for a pawnbroker to take in pawn an air weapon within the meaning of section 1 of the Air Weapons and Licensing (Scotland) Act 2015.

• (8) Subsection (7) applies to Scotland only.

Conversion of weapons

4

• (1) Subject to this section, it is an offence to shorten the barrel of a shot gun to a length less than 24 inches.

• (2) It is not an offence under subsection (1) above for a registered firearms dealer to shorten the barrel of a shot gun for the sole purpose of replacing a defective part of the barrel so as to produce a barrel not less than 24 inches in length.

• (3) It is an offence for a person other than a registered firearms dealer to convert into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through its barrel.

• (4) A person who commits an offence under section 1 of this Act by having in his possession, or purchasing or acquiring, a shotgun which has been shortened contrary to subsection (1) above or a firearm which has been converted as mentioned in subsection (3) above (whether by a registered firearms dealer or not), without holding a firearm certificate authorising him to have it in his possession, or to purchase or acquire it, shall be treated for the purposes of provisions of this Act relating to the punishment of offences as committing that offence in an aggravated form.

Prohibition of certain weapons and control of arms traffic

Repeals and general savings.

5

• (1) A person commits an offence if, without authority, he has in his possession, or purchases or acquires ...—

• (a) any firearm which is so designed or adapted that two or more missiles can be successively discharged without repeated pressure on the trigger;

• (ab) any self-loading or pump-action rifled gun other than one which is chambered for .22 rim-fire cartridges;

• (aba) any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, . . . a muzzle-loading gun or a firearm designed as signalling apparatus;

• (ac) any self-loading or pump-action smooth-bore gun which is not an air weapon or chambered for .22 rim-fire cartridges and either has a barrel less than 24 inches in length or . . . is less than 40 inches in length overall;

• (ad) any smooth-bore revolver gun other than one which is chambered for 9mm. rim-fire cartridges or a muzzle-loading gun;

• (ae) any rocket launcher, or any mortar, for projecting a stabilised missile, other than a launcher or mortar designed for line-throwing or pyrotechnic purposes or as signalling apparatus;

• (af) any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system;

• (ag) any rifle with a chamber from which empty cartridge cases are extracted using—

• (i) energy from propellant gas, or

• (ii) energy imparted to a spring or other energy storage device by propellant gas,

other than a rifle which is chambered for .22 rim-fire cartridges;

• (b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing;

• (ba) any device (commonly known as a bump stock) which is designed or adapted so that—

• (i) it is capable of forming part of or being added to a self-loading lethal barrelled weapon (as defined in section 57(1B) and (2A)), and

• (ii) if it forms part of or is added to such a weapon, it increases the rate of fire of the weapon by using the recoil from the weapon to generate repeated pressure on the trigger; and

• (c) any cartridge with a bullet designed to explode on or immediately before impact, any ammunition containing or designed or adapted to contain any such noxious thing as is mentioned in paragraph (b) above and, if capable of being used with a firearm of any description, any grenade, bomb (or other like missile), or rocket or shell designed to explode as aforesaid.

• (1A) Subject to section 5A of this Act, a person commits an offence if, without authority, he has in his possession, or purchases or acquires, ...—

• (a) any firearm which is disguised as another object;

• (b) any rocket or ammunition not falling within paragraph (c) of subsection (1) of this section which consists in or incorporates a missile designed to explode on or immediately before impact and is for military use;

• (c) any launcher or other projecting apparatus not falling within paragraph (ae) of that subsection which is designed to be used with any rocket or ammunition falling within paragraph (b) above or with ammunition which would fall within that paragraph but for its being ammunition falling within paragraph (c) of that subsection;

• (d) any ammunition for military use which consists in or incorporates a missile designed so that a substance contained in the missile will ignite on or immediately before impact;

• (e) any ammunition for military use which consists in or incorporates a missile designed, on account of its having a jacket and hard-core, to penetrate armour plating, armour screening or body armour;

• (f) any ammunition which is designed to be used with a pistol and incorporates a missile designed or adapted to expand on impact;

• (g) anything which is designed to be projected as a missile from any weapon and is designed to be, or has been, incorporated in—

• (i) any ammunition falling within any of the preceding paragraphs; or

• (ii) any ammunition which would fall within any of those paragraphs but for its being specified in subsection (1) of this section.

• (2) The weapons and ammunition specified in subsections (1) and (1A) of this section (including, in the case of weapons, any devices falling within subsection (1)(ba) of this section and, in the case of ammunition, any missiles falling within subsection (1A)(g) of this section) are referred to in this Act as “prohibited weapons” and “prohibited ammunition” respectively.

• (2A) A person commits an offence if without authority—

• (a) he manufactures any weapon , device or ammunition specified in subsection (1) of this section,

• (b) he sells or transfers any prohibited weapon or prohibited ammunition,

• (c) he has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or

• (d) he purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition.

• (3) In this section “authority” means an authority given in writing by—

• (a) the Secretary of State (in or as regards England and Wales), or

• (b) the Scottish Ministers (in or as regards Scotland).

• (4) An authority shall be subject to conditions specified in it, including such as the Secretary of State or the Scottish Ministers (as appropriate), having regard to the circumstances of each particular case, think fit to impose for the purpose of securing that the prohibited weapon or ammunition to which the authority relates will not endanger the public safety or the peace.

• (5) It is an offence for a person to whom an authority is given under this section to fail to comply with any condition of the authority.

• (6) The Secretary of State or the Scottish Ministers (as appropriate) may at any time, if they think fit, revoke an authority given to a person under this section by notice in writing requiring him to deliver up the authority to such person as may be specified in the notice within twenty-one days from the date of the notice; and it is an offence for him to fail to comply with that requirement.

• (7) For the purposes of this section and section 5A of this Act—

• (a) any rocket or ammunition which is designed to be capable of being used with a military weapon shall be taken to be for military use;

• (b) references to a missile designed so that a substance contained in the missile will ignite on or immediately before impact include references to any missile containing a substance that ignites on exposure to air; and

• (c) references to a missile’s expanding on impact include references to its deforming in any predictable manner on or immediately after impact.

• (8) For the purposes of subsection (1)(aba) and (ac) above, any detachable, folding, retractable or other movable butt-stock shall be disregarded in measuring the length of any firearm.

• (9) Any reference in this section to a muzzle-loading gun is a reference to a gun which is designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile).

Power to prohibit movement of arms and ammunition

6

• (1) The Secretary of State may by order prohibit the removal of firearms or ammunition—

• (a) from one place to another in Great Britain; or

• (b) from Great Britain to Northern Ireland; or

• (c) for export from Great Britain,

unless the removal is authorised by the chief officer of police for the area from which they are to be removed, and unless such other conditions as may be specified in the order are complied with.

• (1A) The Secretary of State may by order prohibit the removal of firearms or ammunition from Great Britain to Northern Ireland unless—

• (a) the removal is authorised by the chief officer of police for the area from which they are to be removed and by the Chief Constable of the Royal Ulster Constabulary; and

• (b) such conditions as may be specified in the order or imposed by the chief officer of police or the Chief Constable are complied with.

• (2) An order under this section may apply—

• (a) either generally to all such removals, or to removals from and to particular localities specified in the order; and

• (b) either to all firearms and ammunition or to firearms and ammunition of such classes and descriptions as may be so specified; and

• (c) either to all modes of conveyance or to such modes of conveyance as may be so specified;

but no such order shall prohibit the holder of a firearm certificate from carrying with him any firearm or ammunition authorised by the certificate to be so carried.

• (3) It is an offence to contravene any provision of—

• (a) an order made under this section; or

• (b) an order made under section 9 of the Firearms Act 1920 (the former enactment corresponding to section 18 of the Firearms Act 1937 and this section); or

• (c) any corresponding Northern Irish order, that is to say an order made under the said section 9 as extending to Northern Ireland or under any enactment of the Parliament of Northern Ireland repealing and re-enacting that section, prohibiting the removal of firearms or ammunition from Northern Ireland to Great Britain.

• (4) An order under this section shall be made by statutory instrument and may be varied or revoked by a subsequent order made thereunder by the Secretary of State.

Special exemptions from sections 1 to 5

Police permit

7

• (1) A person who has obtained from the chief officer of police for the area in which he resides a permit for the purpose in the prescribed form may, without holding a certificate under this Act, have in his possession a firearm and ammunition in accordance with the terms of the permit.

• (2) It is an offence for a person knowingly or recklessly to make a statement false in any material particular for the purpose of procuring, whether for himself or for another person, the grant of a permit under this section.

Authorised dealing with firearms

8

• (1) A person carrying on the business of a firearms dealer and registered as such under this Act, or a servant of such a person may, without holding a certificate, have in his possession, or purchase or acquire, a firearm or ammunition in the ordinary course of that business.

• (1A) Subsection (1) above applies to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of the business of a firearms dealer notwithstanding that the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his servant at a place which is not a place of business of the dealer or which he has not registered as a place of business under section 33 or 37 of this Act.

• (2) It is not an offence under section 3(2) of this Act for a person—

• (a) to part with the possession of any firearm or ammunition, otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, to a person who shows that he is by virtue of this Act entitled to have possession of the firearm or ammunition without holding a certificate; or

• (b) to return to another person a shot gun which he has lawfully undertaken to repair, test or prove for the other.

Carriers, auctioneers, etc.

9

• (1) A person carrying on the business of an auctioneer, carrier or warehouseman, or a servant of such a person, may, without holding a certificate, have in his possession a firearm or ammunition in the ordinary course of that business.

• (2) It is not an offence under section 3(1) of this Act for an auctioneer to sell by auction, expose for sale by auction or have in his possession for sale by auction a firearm or ammunition without being registered as a firearms dealer, if he has obtained from the chief officer of police for the area in which the auction is held a permit for that purpose in the prescribed form and complies with the terms of the permit.

• (3) It is an offence for a person knowingly or recklessly to make a statement false in any material particular for the purpose of procuring, either for himself or for another person, the grant of a permit under subsection (2) of this section.

• (4) It is not an offence under section 3(2) of this Act for a carrier or warehouseman, or a servant of a carrier or warehouseman, to deliver any firearm or ammunition in the ordinary course of his business or employment as such.

Slaughter of animals

10

• (1) A person holding a relevant licence may, without holding a certificate under this Act, have in his possession a slaughtering instrument and ammunition therefor in any slaughterhouse or knacker’s yard in which he is employed.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) For the purposes of subsection (1), a person holds a relevant licence if that person—

• (a) holds a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (England) Regulations 2015,

• (b) holds a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (Wales) Regulations 2014, or

• (c) holds a certificate of competence to kill animals under the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012.

• (2) The proprietor of a slaughterhouse or knacker’s yard or a person appointed by him to take charge of slaughtering instruments and ammunition therefor for the purpose of storing them in safe custody at that slaughterhouse or knacker’s yard may, without holding a certificate, have in his possession a slaughtering instrument or ammunition therefor for that purpose.

• (3) In subsection (1), a “relevant certificate of competence or licence” means—

• (a) a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing Regulations 2014;

• (b) a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (Wales) Regulations 2014; or

• (c) a certificate of competence to kill animals under the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012.

Sports, athletics and other approved activities

11

• (1) A person carrying a firearm or ammunition belonging to another person holding a certificate under this Act may, without himself holding such a certificate, have in his possession that firearm or ammunition under instructions from, and for the use of, that other person for sporting purposes only ; but where the person carrying the firearm or ammunition is under the age of eighteen, this subsection applies only if the other person is of or over the age of eighteen .

• (2) A person of or over the age of eighteen may, without holding a certificate, have a firearm in his possession at an athletic meeting for the purpose of starting races at that meeting.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) Subsection (4) applies to a person at a relevant rifle range or shooting gallery who is not the operator of the range or gallery.

• (4) The person may, without holding a certificate, have in their possession—

• (a) a miniature rifle, and

• (b) ammunition for a miniature rifle,

provided by the operator of the range or gallery.

• (4A) In this section—

• “miniature rifle” means a rifle chambered for .22 rim-fire cartridges;

• “operator” means the person conducting or carrying on the relevant rifle range or shooting gallery;

• “relevant rifle range or shooting gallery” means a rifle range or shooting gallery at which no firearms are used other than air weapons or miniature rifles.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A person may, without holding a shot gun certificate, use a shot gun at a time and place approved for shooting at artificial targets by the chief officer of police for the area in which that place is situated.

Theatre and cinema

12

• (1) A person taking part in a theatrical performance or a rehearsal thereof, or in the production of a cinematograph film, may, without holding a certificafe, have a firearm in his possession during and for the purpose of the performance, rehearsal or production.

• (2) Where the Defence Council is satisfied, on the application of a person in charge of a theatrical performance, a rehearsal of such a performance or the production of a cinematograph film, that a prohibited weapon is required for the purpose of the performance, rehearsal or production, he may under section 5 of this Act, if he thinks fit, not only authorise that person to have possession of the weapon but also authorise such other persons as he may select to have possession of it while taking part in the performance, rehearsal or production.

Equipment for ships and aircraft

13

• (1) A person may, without holding a certificate,—

• (a) have in his possession a firearm or ammunition on board a ship, or a signalling apparatus or ammunition therefor on board an aircraft or at an aerodrome, as part of the equipment of the ship, aircraft or aerodrome;

• (b) remove a signalling apparatus or ammunition therefor, being part of the equipment of an aircraft, from one aircraft to another at an aerodrome, or from or to an aircraft at an aerodrome to or from a place appointed for the storage thereof in safe custody at that aerodrome, and keep any such apparatus or ammunition at such a place; and

• (c) if he has obtained from a constable a permit for the purpose in the prescribed form, remove a firearm from or to a ship, or a signalling apparatus from or to an aircraft or aerodrome, to or from such place and for such purpose as may be specified in the permit.

• (2) It is an offence for a person knowingly or recklessly to make a statement false in any material particular for the purpose of procuring, either for himself or for another person, the grant of a permit under subsection (1)(c) of this section.

Persons temporarily in Great Britain

14

Holder of Northern Irish certificate

15

Section 2(1) of this Act does not apply to a person holding a firearm certificate issued in Northern Ireland authorising him to possess a shot gun.

Prevention of crime and preservation of public safety

Possession of firearm with intent to injure

16

It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.

Use of firearm to resist arrest

17

• (1) It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.

• (2) If a person, at the time of his committing or being arrested for an offence specified in Schedule 1 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For purposes of this section, the definition of “firearm” in section 57(1) of this Act shall apply without paragraphs (b) and (c) of that subsection, and “imitation firearm” shall be construed accordingly.

• (5) In the application of this section to Scotland, a reference to Schedule 2 to this Act shall be substituted for the reference in subsection (2) to Schedule 1 . . .

Carrying firearm with criminal intent

18

• (1) It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.

• (2) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

• (3) In the application of this section to Scotland, for the reference to an indictable offence there shall be substituted a reference to any offence specified in paragraphs 1 to 18 of Schedule 2 to this Act.

Carrying firearm in a public place

19

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

• (a) a loaded shot gun,

• (b) an air weapon (whether loaded or not),

• (c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

• (d) an imitation firearm.

Trespassing with firearm

20

• (1) A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).

• (2) A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).

• (3) In subsection (2) of this section the expression “land” includes land covered with water.

Possession of firearms by persons previously convicted of crime

21

• (1) A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more or to youth custody or detention in a young offender institution for such a term, or who has been sentenced be detained for such a term in a young offenders institution in Scotland, shall not at any time have a firearm or ammunition in his possession.

• (2) A person who has been sentenced ... to imprisonment for a term of three months or more but less than three years or to youth custody or detention in a young offender institution for such a term, or who has been sentenced to be detained for such a term in a detention centre or in a young offenders institution in Scotland or who has been subject to a secure training order or a detention and training order, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.

• (2A) For the purposes of subsection (2) above, “the date of his release” means—

• (a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;

• (b) in the case of a person who has been subject to a secure training order—

• (i) the date on which he is released from detention under the order;

• (ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or

• (iii) the date halfway through the total period specified by the court in making the order,

whichever is the later.

• (c) in the case of a person who has been subject to a detention and training order—

• (i) the date on which he is released from detention under the order;

• (ii) the date on which he is released from detention ordered under section 104 of the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 3 of Schedule 12 to the Sentencing Code; or

• (iii) the date of the half-way point of the term of the order,

whichever is the later.

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) Where—

• (a) a person has been sentenced to imprisonment , or detention in a young offender institution, for a term of three months or more, and

• (b) the sentence is suspended under section 189 of the Criminal Justice Act 2003 or section 264 or 277 of the Sentencing Code (including by virtue of section 264A or 277A of that Code),

the person shall not have a firearm or ammunition in his possession at any time during the period of five years beginning with the second day after the date on which the sentence is passed.

• (3) A person who—

• (a) is the holder of a licence issued under section 53 of the Children and Young Persons Act 1933 or section 57 of the Children and Young Persons (Scotland) Act 1937 (which sections provide for the detention of children and young persons convicted of serious crime, but enable them to be discharged on licence by the Secretary of State); or

• (b) is subject to a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm, or is subject to a community order containing a requirement that he shall not possess, use or carry a firearm; or

• (c) has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm;

shall not, at any time during which he holds the licence or is so subject or has been so ordained, have a firearm or ammunition in his possession.

• (3ZA) In subsection (3)(b) above, “community order” means—

• (a) a community order within the meaning given by section 200 of the Sentencing Code , or a youth rehabilitation order within the meaning given by section 173 of that Code, made in England and Wales, or

• (b) a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46).

• (3A) Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment;

• (4) It is an offence for a person to contravene any of the foregoing provisions of this section.

• (5) It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession.

• (6) A person prohibited under subsection (1), (2) ... (2C), (3) or (3A) of this section from having in his possession a firearm or ammunition may apply to the Crown Court or, in Scotland, in accordance with Act of Sederunt to the sheriff for a removal of the prohibition; and if the application is granted that prohibition shall not then apply to him.

• (7) Schedule 3 to this Act shall have effect with respect to the courts with jurisdiction to entertain an application under this section and to the procedure appertaining thereto.

Acquisition and possession of firearms by minors

22

• (1) It is an offence for a person under the age of eighteen to purchase or hire any firearm or ammunition.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) It is an offence for a person under the age of fourteen to have in his possession any firearm or ammunition to which section 1 of this Act applies, except in circumstances where under section 11(1), (3) or (4) of this Act or section 15 of the Firearms (Amendment) Act 1988 he is entitled to have possession of it without holding a firearm certificate.

• (3) It is an offence for a person under the age of fifteen to have with him an assembled shot gun except while under the supervision of a person of or over the age of twenty-one, or while the shot gun is so covered with a securely fastened gun cover that it cannot be fired.

• (4) Subject to section 23 below, it is an offence for a person under the age of eighteen to have with him an air weapon or ammunition for an air weapon.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions from s. 22(4) and (5)

23

• (1) It is not an offence under section 22(4) of this Act for a person to have with him an air weapon or ammunition while he is under the supervision of a person of or over the age of twenty-one; but where a person has with him an air weapon on any premises in circumstances where he would be prohibited from having it with him but for this subsection, it is an offence for the person under whose supervision he is to allow him to use it for firing any missile beyond those premises..

• (1A) In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).

• (2) It is not an offence under section 22(4) ... of this Act for a person to have with him an air weapon or ammunition at a time when—

• (a) being a member of a rifle club or miniature rifle club for the time being approved by the Secretary of State for the purposes of this section or section 15 of the Firearms (Amendment) Act 1988, he is engaged as such a member ... in connection with target shooting; or

• (b) he is using the weapon or ammunition at a shooting gallery where the only firearms used are either air weapons or rifles chambered for .22 rim-fire cartridges.

• (3) It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplying firearms to minors

24

• (1) It is an offence to sell or let on hire any firearm or ammunition to a person under the age of eighteen.

• (2) It is an offence—

• (a) to make a gift of or lend any firearm or ammunition to which section 1 of this Act applies to a person under the age of fourteen; or

• (b) to part with the possession of any such firearm or ammunition to a person under that age, except in circumstances where that person is entitled under section 11(1), (3) or (4) of this Act or section 15 of the Firearms (Amendment) Act 1988 to have possession thereof without holding a firearm certificate.

• (3) It is an offence to make a gift of a shot gun or ammunition for a shot gun to a person under the age of fifteen.

• (4) It is an offence—

• (a) to make a gift of an air weapon or ammunition for an air weapon to a person under the age of eighteen; or

• (b) to part with the possession of an air weapon or ammunition for an air weapon to a person under the age of eighteen except where by virtue of section 23 of this Act the person is not prohibited from having it with him. the person holds an air weapon certificate granted under section 5 of the Air Weapons and Licensing (Scotland) Act 2015 or the possession is otherwise in accordance with Part 1 of that Act.

• (5) In proceedings for an offence under any provision of this section it is a defence to prove that the person charged with the offence believed the other person to be of or over the age mentioned in that provision and had reasonable ground for the belief.

Supplying firearm to person drunk or insane

25

It is an offence for a person to sell or transfer any firearm or ammunition to, or to repair, prove or test any firearm or ammunition for, another person whom he knows or has reasonable cause for believing to be drunk or of unsound mind.

Part II — Firearm and Shot Gun Certificates; Registration of Firearms Dealers

Grant, renewal, variation and revocation of firearm and shot gun certificates

Application for, and grant of, certificates

26

• (1) An application for the grant of a firearm or shot gun certificate shall be made in the prescribed form to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.

• (2) Rules made by the Secretary of State under section 53 of this Act may—

• (a) require any application for a certificate to be accompanied by up to four photographs of the applicant;

• (b) require the verification in the prescribed manner of any prescribed particulars and of the likeness of any such photograph to the applicant.

• (c) require any application for a certificate to be accompanied by a statement by the person verifying the matters mentioned in paragraph (b) above to the effect that he knows of no reason why the applicant should not be permitted to possess a firearm.

• (3) Subject to the special provision made for shot gun certificates by section 28(3) below, a certificate shall, unless previously revoked or cancelled, continue in force for three years, . . . from the date when it was granted or last renewed, but shall be renewable for a further period of three years, . . . by the chief officer of police for the area in which the holder resides, and so on from time to time; and the foregoing provisions of this section apply to the renewal of a certificate as they apply to a grant:

• (3A) The Secretary of State may by order provide that subsection (3) above shall have effect as if the references to three years were references to such other period as is specified by the order.

• (3B) An order made under subsection (3A) above shall apply only to certificates granted or renewed after the date on which the order comes into force.

• (3C) The power to make orders under subsection (3A) above shall be exercisable by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) A person aggrieved by the refusal of a chief officer of police to grant or to renew a certificate under this Act may in accordance with section 44 of this Act appeal against the refusal.

• (5) It is an offence for a person to make any statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the grant or renewal of a certificate under this Act.

Special provisions about firearm certificates

27

• (1) A firearm certificate shall be granted where the chief officer of police is satisfied—

• (a) that the applicant is fit to be entrusted with a firearm to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a firearm;

• (b) that he has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition in respect of which the application is made; and

• (c) that in all the circumstances the applicant can be permitted to have the firearm or ammunition in his possession without danger to the public safety or to the peace.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A firearm certificate shall be in the prescribed form and shall specify the conditions (if any) subject to which it is held, the nature and number of the firearms to which it relates , including if known their identification numbers, and, as respects ammunition, the quantities authorised to be purchased or acquired and to be held at any one time thereunder.

• (3) This section applies to the renewal of a firearm certificate as it applies to a grant.

Special provisions about shot gun certificates

28

• (1) Subject to subsection (1A) below, a shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.

• (1A) No such certificate shall be granted or renewed if the chief officer of police—

• (a) has reason to believe that the applicant is prohibited by this Act from possessing a shot gun; or

• (b) is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

• (1B) For the purposes of paragraph (b) of subsection (1A) above an applicant shall, in particular, be regarded as having a good reason if the gun is intended to be used for sporting or competition purposes or for shooting vermin; and an application shall not be refused by virtue of that paragraph merely because the applicant intends neither to use the gun himself nor to lend it for anyone else to use.

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A shot gun certificate shall be in the prescribed form and shall—

• (a) be granted or renewed subject to any prescribed conditions and no others; and

• (b) specify the conditions, if any, subject to which it is granted or renewed.

• (2A) A shot gun certificate shall specify the description of the shot guns to which it relates including, if known, the identification numbers of the guns.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of firearm certificates

29

• (1) The chief officer of police for the area in which the holder of a firearm certificate resides may at any time by notice in writing vary the conditions subject to which the certificate is held, except such of them as may be prescribed, and may by the notice require the holder to deliver up the certificate to him within twenty-one days from the date of the notice for the purpose of amending the conditions specified therein.

• (2) A firearm certificate may also, on the application of the holder, be varied from time to time by the chief officer of police for the area in which the holder for the time being resides; and a person aggrieved by the refusal of a chief officer of police to vary a firearm certificate may in accordance with section 44 of this Act appeal against the refusal.

• (3) It is an offence for a person knowingly or recklessly to make a statement false in any material particular for the purpose of procuring, whether for himself or another person, the variation of a firearm certificate.

Revocation of certificates

30

• (1) A firearm certificate may be revoked by the chief officer of police for the area in which the holder resides if—

• (a) the chief officer is satisfied that the holder is prohibited by this Act from possessing a firearm to which section 1 of this Act applies or is of intemperate habits or unsound mind, or is otherwise unfitted to be entrusted with such a firearm; or

• (b) the holder fails to comply with a notice under section 29(1) of this Act requiring him to deliver up the certificate.

• (2) A shot gun certificate may be revoked by the chief officer of police if he is satisfied that the holder is prohibited by this Act from possessing a shot gun or cannot be permitted to possess a shot gun without danger to the public safety or to the peace.

• (3) A person aggrieved by the revocation of a certificate under subsection (1)(a) or (2) of this section may in accordance with section 44 of this Act appeal against the refusal.

• (4) Where a certificate is revoked by the chief officer of police under this section, he shall by notice in writing require the holder to surrender the certificate; and it is an offence for the holder to fail to do so within twenty-one days from the date of the notice:

Certificate for prohibited weapon

31

• (1) A chief officer of police shall not refuse to grant or renew, and shall not revoke, a firearm certificate in respect of a prohibited weapon or prohibited ammunition if the applicant for the certificate is for the time being authorised by the Defence Council under section 5 of this Act to have possession of that weapon or ammunition.

• (2) Where an authority of the Defence Council under that section to have possession of, or to purchase or acquire, a prohibited weapon or prohibited ammunition is revoked, the firearm certificate relating to that weapon or ammunition shall be revoked or varied accordingly by the chief officer of police by whom it was granted.

Fee for certificate and exemption from paying it in certain cases

32

• (1) Subject to this Act, there shall be payable—

• (a) on the grant of a firearm certificate a fee of £198;

• (b) on the renewal of a firearm certificate a fee of £131;

• (c) on any variation of a firearm certificate (otherwise than when it is renewed at the same time) so as to increase the number of firearms to which the certificate relates, a fee of £47;

• (cc) on the replacement of a firearm certificate which has been lost or destroyed a fee of £9;

• (d) on the grant of a shot gun certificate a fee of £194;

• (e) on the renewal of a shot gun certificate a fee of £126;

• (f) on the replacement of a shot gun certificate which has been lost or destroyed a fee of £9.

• (2) No fee shall be payable on the grant to a responsible officer of a rifle club, miniature rifle club or muzzle-loading pistol club which is approved under section 15 of the Firearms (Amendment) Act 1988 of a firearm certificate in respect of rifles, miniature rifles or muzzle-loading pistols, or ammunition, to be used solely for target shooting by the members of the club, or on the variation or renewal of a certificate so granted.

• (2A) Subsection (2) above—

• (a) does not apply if the operation of subsection (1) of section 15 of the Firearms (Amendment) Act 1988 is excluded in relation to the club by a limitation in the approval; or

• (b) if the operation of subsection (1) of that section in relation to the club is limited by the approval to target shooting with specified types of rifles, miniature rifles or muzzle-loading pistols, only applies to a certificate in respect of rifles, miniature rifles or pistols of those types.

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) No fee shall be payable on the grant, variation or renewal of a firearm certificate if the chief officer of police is satisfied that the certificate relates solely to and, in the case of a variation, will continue when varied to relate solely to—

• (a) a firearm or ammunition which the applicant requires as part of the equipment of a ship; or

• (b) a signalling apparatus, or ammunition therefor, which the applicant requires as part of the equipment of an aircraft or aerodrome; or

• (c) a slaughtering instrument, or ammunition therefor, which the applicant requires for the purpose of the slaughter of animals.

• (3A) No fee shall be payable on the grant, variation or renewal of a firearm certificate which relates solely to and, in the case of a variation, will continue when varied to relate solely to a signalling device, which, when assembled and ready to fire, is not more than eight inches long and which is designed to discharge a flare, or to ammunition for such a device.

• (4) No fee shall be payable—

• (a) on the grant or renewal of a firearm certificate relating solely to a firearm which is shown to the satisfaction of the chief officer of police to be kept by the applicant as a trophy of war; or

• (b) on any variation of a certificate the sole effect of which is to add such a firearm as aforesaid to the firearms to which the certificate relates,

if the certificate is granted, renewed or varied subject to the condition that the applicant shall not use the firearm.

Registration of firearms dealers

Police register

33

• (1) For purposes of this Act, the chief officer of police for every area shall keep in the prescribed form a register of firearms dealers.

• (2) Except as provided by section 34 of this Act, the chief officer of police shall enter in the register the name of any person who, having or proposing to have a place of business in the area, applies to be registered as a firearms dealer.

• (3) An applicant for registration as a firearms dealer must furnish the chief officer of police with the prescribed particulars, which shall include particulars of every place of business at which he proposes to carry on business in the area as a firearms dealer and, except as provided by this Act, the chief officer of police shall (if he registers the applicant as a firearms dealer) enter every such place of business in the register.

• (4) When a person is registered, the chief officer of police shall grant or cause to be granted to him a certificate of registration.

• (5) A person for the time being registered shall, on or before the expiration of the period of three years from the grant of the certificate of registration for the time being held by him—

• (a) surrender his certificate to the chief officer of police; and

• (b) apply in the prescribed form for a new certificate;

and thereupon the chief officer of police shall, subject to sections 35(3) and 38(1) below, grant him a new certificate of registration.

Grounds for refusal of registration

34

• (1) The chief officer of police shall not register an applicant as a firearms dealer if he is prohibited to be so registered by order of a court in Great Britain made under section 45 of this Act, or by order of a court in Northern Ireland under section 8(5) of the Firearms Act 1920 or any enactment of the Parliament of Northern Ireland amending or substituted for that section.

• (1A) The chief officer of police may refuse to register an applicant unless he is satisfied that the applicant will engage in business as a firearms dealer to a substantial extent or as an essential part of another trade, business or profession.

• (2) Subject to subsection (3) below, the chief officer of police may refuse to register an applicant, if he is satisfied that the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace.

• (3) In the case of a person for the time being authorised by the Defence Council under section 5 of this Act to manufacture, sell or transfer prohibited weapons or ammunition, the chief officer of police shall not refuse to enter his name in the register on the ground that he cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace.

• (4) The chief officer of police, if he is satisfied that a place of business notified to him under section 33(3) of this Act by an applicant for registration is a place at which the person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace, may refuse to enter that place of business in the register.

• (5) A person aggrieved by the refusal of a chief officer of police to register him as a firearms dealer, or to enter in the register a place of business of his, may in accordance with section 44 of this Act appeal against the refusal.

Fee for registration and renewal thereof

35

• (1) Subject to t his Act, on the registration of a person as a firearms dealer there shall be payable by him a fee of £466.

• (1A) If the chief officer of police for the area in which the applicant has applied to be registered is satisfied—

• (a) that the only place of business in respect of which the application is made is at a game fair, trade fair or exhibition, agricultural show or an event of a similar character, and

• (b) that the applicant’s principal place of business is entered in the register for another area,

the fee payable shall be £30.

• (2) No fee shall be payable if the chief officer of police for the area in which the applicant has applied to be registered is satisfied that the only place of business in respect of which the application is made—

• (a) has become situated in that area because of an alteration in the boundary of the area and was previously entered in the register for another area; or

• (b) is one to which the applicant proposes to transfer the business previously carried on by him at a place entered in the register for another area.

• (3) Before a person for the time being registered as a firearms dealer can be granted a new certificate of registration under section 33(5) of this Act, he shall pay a fee of £466.

Conditions of registration

36

• (1) The chief officer of police may at any time impose conditions subject to which the registration of a person as a firearms dealer is to have effect and may at any time, of his own motion or on the application of the dealer, vary or revoke any such condition.

• (2) The chief officer of police shall specify the conditions for the time being in force under this section in the certificate of registration granted to the firearms dealer and, where any such condition is imposed, varied or revoked during the currency of the certificate of registration, the chief officer of police—

• (a) shall give to the dealer notice in writing of the condition or variation (giving particulars) or of the revocation, as the case may be; and

• (b) may by that notice require the dealer to deliver up to him his certificate of registration within twenty-one days from the date of the notice, for the purpose of amending the certificate.

• (3) A person aggrieved by the imposition or variation of, or refusal to vary or revoke, any condition of a firearms dealer’s registration may in accordance with section 44 of this Act appeal against the imposition, variation or refusal.

Registration of new place of business

37

• (1) A person registered in any area as a firearms dealer and proposing to carry on business as such at a place of business in that area which is not entered in the register, shall notify the chief officer of police for that area and furnish him with such particulars as may be prescribed; and the officer shall, subject to the provisions of this section, enter that place of business in the register.

• (2) The chief officer of police, if he is satisfied that a place of business notified to him by a person under subsection (1) of this section is a place at which that person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace, may refuse to enter it in the register.

• (3) A person aggrieved by the refusal by a chief officer of police to enter in the register a place of business of his may in accordance with section 44 of this Act appeal against the refusal.

Removal from register of dealer's name or place of business

38

• (1) If the chief officer of police, after giving reasonable notice to a person whose name is on the register, is satisfied that the person—

• (a) is no longer carrying on business as a firearms dealer; or

• (b) has ceased to have a place of business in the area; or

• (c) cannot be permitted to continue to carry on business as a firearms dealer without danger to the public safety or to the peace,

he shall (subject to this section) cause the name of that person to be removed from the register.

• (2) In the case of a person for the time being authorised by the Defence Council under section 5 of this Act to manufacture, sell or transfer prohibited weapons or ammunition, the chief officer of police shall not remove his name from the register on the ground that he cannot be permitted to continue to carry on business as a firearms dealer without danger to the public safety or to the peace.

• (3) If the chief officer of police is satisfied that a person registered as a firearms dealer has failed to comply with any of the conditions of registration in force under section 36 of this Act, he may remove from the register either that person’s name or any place of business of his to which the condition relates.

• (4) If the chief officer of police is satisfied that a place entered in the register as a person’s place of business is one at which that person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace, he may remove that place from the register.

• (5) The chief officer of police shall cause the name of a person to be removed from the register if the person so desires.

• (6) If a person for the time being registered fails to comply with any requirement of section 33(5) of this Act, the chief officer of police shall by notice in writing require him to comply with that requirement and, if the person fails to do so within twenty-one days from the date of the notice or within such further time as the chief officer may in special circumstances allow, shall cause his name to be removed from the register.

• (7) A person aggrieved by the removal of his name from the register, or by the removal from the register of a place of business of his, may in accordance with section 44 of this Act appeal against the removal.

• (8) Where the chief officer of police causes the name of a firearms dealer to be removed from the register, he shall by notice in writing require the dealer to surrender his certificate of registration and the register of transactions kept by him under section 40 of this Act(or, if the register is kept by means of a computer, a copy of the information comprised in that register in a visible and legible form); and it is an offence for the dealer to fail to do so within twenty-one days from the date of the notice:

Offences in connection with registration

39

• (1) A person commits an offence if, for the purpose—

• (a) of procuring the registration of himself or another person as a firearms dealer; or

• (b) of procuring, whether for himself or another person, the entry of any place of business in a register of firearms dealers,

he knowingly or recklessly makes a statement false in any material particular.

• (2) A person commits an offence if, being a registered firearms dealer, he has a place of business which is not entered in the register for the area in which the place of business is situated and carries on business as a firearms dealer at that place.

• (3) Without prejudice to section 38(3) above, a person commits an offence if he fails to comply with any of the conditions of registration imposed on him by the chief officer of police under section 36 of this Act.

Supplementary

Compulsory register of transactions in firearms

40

• (1) Subject to section 41 of this Act, every person who by way of trade or business manufactures, sells or transfers firearms or ammunition shall provide and keep a register of transactions and shall enter or cause to be entered therein the particulars specified in Schedule 4 to this Act.

• (2) In subsection (1) above and in the said Schedule 4, any reference . . . to ammunition is to be construed as not including—

• (a) cartridges containing five or more shot, none of which exceeds ·36 inch in diameter;

• (b) ammunition for an air gun, air rifle or air pistol; or

• (c) blank cartridges not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge.

• (3) Every entry required by subsection (1) of this section to be made in the register shall be made within twenty-four hours after the transaction to which it relates took place and, in the case of a sale or transfer, every person to whom that subsection applies shall at the time of the transaction require the purchaser or transferee, if not known to him, to furnish particulars sufficient for identification and shall immediately enter the said particulars in the register.

• (3A) Every person keeping a register in accordance with this section shall (unless required to surrender the register under section 38(8) of this Act) keep it for such a period that each entry made after the coming into force of this subsection will be available for inspection for at least five years from the date on which it was made.

• (4) Every person keeping a register in accordance with this section shall on demand allow a constableor a civilian officer, duly authorised in writing in that behalf by the chief officer of police, to enter and inspect all stock in hand and shall on request by an officer of police so authorised or by an officer of customs and excise produce the register (or if the register is kept by means of a computer, a copy of the information comprised in that register in a visible and legible form); for inspection:

• (4A) Every person keeping a register in accordance with this section by means of a computer shall secure that the information comprised in the register can readily be produced in a form in which it is visible and legible and can be taken away.

• (5) It is an offence for a person to fail to comply with any provision of this section or knowingly to make any false entry in the register required to be kept thereunder.

• (6) Nothing in this section applies to the sale of firearms or ammunition by auction in accordance with the terms of a permit issued under section 9(2) of this Act.

• (7) Rules made by the Secretary of State under section 53 of this Act may vary or add to Schedule 4 to this Act, and references in this section to that Schedule shall be construed as references to the Schedule as for the time being so varied or added to.

Exemption from s. 40 in case of trade in shot gun components

41

If it appears to the chief officer of police that—

• (a) a person required to be registered as a firearms dealer carries on a trade or business in the course of which he manufactures, tests or repairs component parts or accessories for shot guns, but does not manufacture, test or repair complete shot guns; and

• (b) it is impossible to assemble a shot gun from the parts likely to come into that person’s possession in the course of that trade or business,

the chief officer of police may, if he thinks fit, by notice in writing given to that person exempt his transactions in those parts and accessories, so long as the notice is in force, from all or any of the requirements of section 40 of this Act and Schedule 4 thereto.

Transactions with persons not registered as firearms dealers

42

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Secretary of State to alter fees

43

• (1) Sections 32 and 35 of this Act may be amended by an order made by the Secretary of State so as to vary any sum specified thereby, or so as to provide that any sum payable thereunder shall cease to be so payable.

• (2) An order made under this section may—

• (a) be limited to such cases as may be specified by the order and may make different provision for different cases so specified; and

• (b) be revoked or varied by a subsequent order so made.

• (3) The power to make orders under this section shall be exercisable by statutory instrument and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Appeals from police decisions under Part II

44

• (1) An appeal against a decision of a chief officer of police under section 28A, 29, 30A, 30B, 30C, 34, 36, 37 or 38 of this Act lies—

• (a) in England and Wales, to the Crown Court; and

• (b) in Scotland, to the sheriff.

• (2) An appeal shall be determined on the merits (and not by way of review).

• (3) The court or sheriff hearing an appeal may consider any evidence or other matter, whether or not it was available when the decision of the chief officer was taken.

• (3A) The court or sheriff hearing an appeal must have regard to any guidance issued under section 55A that is relevant to the appeal.

• (4) In relation to an appeal specified in the first column of Part I of Schedule 5 to this Act, the third column shows the sheriff having jurisdiction to entertain the appeal.

• (5) In Schedule 5 to this Act—

• (a) Part II shall have effect in relation to appeals to the Crown Court; and

• (b) Part III shall have effect in relation to appeals to the sheriff.

Consequences where registered dealer convicted of offence

45

• (1) Where a registered firearms dealer is convicted of an offence relevant for the purposes of this section the court may order—

• (a) that the name of the dealer be removed from the register; and

• (b) that neither the dealer nor any person who acquires his business, nor any person who took part in the management of the business and was knowingly a party to the offence, shall be registered as a firearms dealer; and

• (c) that any person who, after the date of the order, knowingly employs in the management of his business the dealer convicted of the offence or any person who was knowingly a party to the offence, shall not be registered as a firearms dealer or, if so registered, shall be liable to be removed from the register; and

• (d) that any stock-in-hand of the business shall be disposed of by sale or otherwise in accordance with such directions as may be contained in the order.

• (2) The offences relevant for the purposes of this section are:—

• (a) all offences under this Act, except an offence under section 2, 22(3) or 24(3) or an offence relating specifically to air weapons; and

• (b) offences against the enactments for the time being in force relating to customs or excise in respect of the import or export of firearms or ammunition to which section 1 of this Act applies, or of shot guns.

• (3) A person aggrieved by an order made under this section may appeal against the order in the same manner as against the conviction, and the court may, if it thinks fit, suspend the operation of the order pending the appeal.

Part III — Law Enforcement and Punishment of Offences

Power of search with warrant

46

• (1) If a justice of the peace or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting—

• (a) that an offence relevant for the purposes of this section has been, is being, or is about to be committed; or

• (b) that, in connection with a firearm or ammunition, there is a danger to the public safety or to the peace,

he may grant a warrant for any of the purposes mentioned in subsection (2) below.

• (2) A warrant under this section may authorise a constable or civilian officer—

• (a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found there;

• (b) to seize and detain anything which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting—

• (i) that an offence relevant for the purposes of this section has been, is being or is about to be committed; or

• (ii) that in connection with a firearm, imitation firearm or ammunition there is a danger to the public safety or to the peace.

• (3) The power of a constable or civilian officer under subsection (2)(b) above to seize and detain anything found on any premises or place shall include power to require any information which is stored in any electronic form and is accessible from the premises or place to be produced in a form in which it is visible and legible or from which it can readily be produced in a visible and legible form and can be taken away.

• (4) The offences relevant for the purposes of this section are all offences under this Act except an offence under section 22(3) or an offence relating specifically to air weapons.

• (5) It is an offence for any person intentionally to obstruct a constable or civilian officer in the exercise of his powers under this section.

Powers of constables to stop and search

47

• (1) A constable may require any person whom he has reasonable cause to suspect—

• (a) of having a firearm, with or without ammunition, with him in a public place; or

• (b) to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section,

to hand over the firearm or any ammunition for examination by the constable.

• (2) It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable under subsection (1) of this section.

• (3) If a constable has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the constable may search that person and may detain him for the purpose of doing so.

• (4) If a constable has reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.

• (5) For the purpose of exercising the powers conferred by this section a constable may enter any place.

• (6) The offences relevant for the purpose of this section are those under sections 18(1) and (2) and 20 of this Act.

Production of certificates

48

• (1) A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) If a person upon whom a demand is made under this section fails to produce the certificate ... or to permit the constable to read it, or to show that he is entitled by virtue of this Act to have the firearm, ammunition or shot gun in his possession without holding a certificate, the constable may seize and detain the firearm, ammunition or shot gun and may require the person to declare to him immediately his name and address.

• (3) If under this section a person is required to declare to a consta ble his name and address, it is an offence for him to refuse to declare it or to fail to give his true name and address.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police powers in relation to arms traffic

49

• (1) A constable may search for and seize any firearms or ammunition which he has reason to believe are being removed, or to have been removed, in contravention of an order made under section 6 of this Act or of a corresponding Northern Irish order within the meaning of subsection (3)(c) of that section.

• (2) A person having the control or custody of any firearms or ammunition in course of transit shall, on demand by a constable, allow him all reasonable facilities for the examination and inspection thereof and shall produce any documents in his possession relating thereto.

• (3) It is an offence for a person to fail to comply with subsection (2) of this section.

Special powers of arrest

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution and punishment of offences

51

• (1) Part I of Schedule 6 to this Act shall have effect with respect to the way in which offences under this Act are punishable on conviction.

• (2) In relation to an offence under a provision of this Act specified in the first column of the Schedule (the general nature of the offence being described in the second column),—

• (a) the third column shows whether the offence is punishable on summary conviction or on indictment or either in one way or the other; and

• (b) the fourth column shows the maximum punishment by way of fine or imprisonment under this Act which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment), any reference in the fourth column to a period of years or months being construed as a reference to a term of imprisonment of that duration.

• (3) The provisions contained in Part II of Schedule 6 to this Act (being provisions as to the inclusion in an indictment in Scotland of certain summary offences, the punishments which may be imposed when a person is convicted of more than one offence arising out of the same set of circumstances, alternative verdicts and the orders which, in certain cases, a court may make when a person is convicted by or before it) shall have effect in relation to such of the offences specified in Part I of that Schedule as are indicated by entries against those offences in the fifth column of that Part.

• (4) Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980 or section 331 of the Criminal Procedure (Scotland) Act 1975 (limitation of time for taking proceedings) summary proceedings for an offence under this Act, other than an offence under section 22(3) or an offence relating specifically to air weapons, may be instituted at any time within four years after the commission of the offence:

Forfeiture and disposal of firearms; cancellation of certificate by convicting court

52

• (1) Where a person—

• (a) is convicted of an offence under this Act (other than an offence under section 22(3) or an offence relating specifically to air weapons) or is convicted of a crime for which he is sentenced to imprisonment, . . . or detention in a detention centre or in a young offenders’ institution in Scotland or is subject to a detention and training order; or

• (b) has been ordered to enter into a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm; or

• (c) is subject to a community order containing a requirement that he shall not possess, use or carry a firearm; or

• (d) has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm,

the court by or before which he is convicted, or by which the order is made, may make such order as to the forfeiture or disposal of any firearm or ammunition found in his possession as the court thinks fit and may cancel any firearm certificate or shot gun certificate held by him.

• (1ZA) Where—

• (a) a person is convicted as mentioned in subsection (1)(a) by or before a court in England and Wales, or

• (b) an order of the kind mentioned in subsection (1)(b) or (c) is made in relation to a person by a court in England and Wales,

the court may cancel any air weapon certificate granted to the person under section 5 of the Air Weapons and Licensing (Scotland) Act 2015 which has not expired or been revoked or cancelled.

• (1ZB) Where a person is convicted of an offence under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015, the court by or before which the person is convicted may make such order as to the forfeiture or disposal of any firearm (other than an air weapon within the meaning of section 1 of that Act) or ammunition found in the person’s possession as the court thinks fit.

• (1A) In subsection (1)(c) “community order” means—

• (a) a community order within the meaning given by section 200 of the Sentencing Code , or a youth rehabilitation order within the meaning given by section 173 of that Code, made in England and Wales, or

• (b) a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46).

• (2) Where the court cancels a certificate under this section—

• (a) the court shall cause notice to be sent to the chief officer of police by whom the certificate was granted; and

• (b) the chief officer of police shall by notice in writing require the holder of the certificate to surrender it; and

• (c) it is an offence for the holder to fail to surrender the certificate within twenty-one days from the date of the notice given him by the chief officer of police.

• (3) A constable may seize and detain any firearm or ammunition which may be the subject of an order for forfeiture under this section.

• (4) A court of summary jurisdiction or, in Scotland, the sheriff may, on the application of the chief officer of police, order any firearm or ammunition seized and detained by a constable under this Act to be destroyed or otherwise disposed of.

• (5) In this section references to ammunition include references to a primer to which section 35 of the Violent Crime Reduction Act 2006 applies and to an empty cartridge case incorporating such a primer.

Part IV — Miscellaneous and General

Rules for implementing this Act

53

• (1) The Secretary of State may by statutory instrument make rules—

• (a) prescribing the form of certificates under this Act, and the register required to be kept under section 40 of this Act and other documents;

• (b) prescribing any other thing which under this Act is to be prescribed; and

• (c) generally for carrying this Act into effect;

and rules made under this section may make different provision for different cases.

• (2) A statutory instrument containing (whether alone or with other provision) rules under this section which prescribe conditions of the kind mentioned in section 27A(2) (conditions for storage etc of certain firearms) is subject to annulment in pursuance of a resolution of either House of Parliament.

Application of Parts I and II to Crown servants

54

• (1) Sections 1, 2, 7 to 13 and 26A to 32 of this Act apply, subject to the modifications specified in subsection (2) of this section, to persons in the service of Her Majesty in their capacity as such so far as those provisions relate to the purchase and acquisition, but not so far as they relate to the possession, of firearms.

• (2) The modifications referred to above are the following:—

• (a) a person in the service of Her Majesty duly authorised in writing in that behalf may purchase or acquire firearms and ammunition for the public service without holding a certificate under this Act;

• (b) a person in the naval, military or air service of Her Majesty shall, if he satisfies the chief officer of police on an application under section 26A of this Act that he is required to purchase a firearm or ammunition for his own use in his capacity as such, be entitled without payment of any fee to the grant of a firearm certificate authorising the purchase or acquisition or, as the case may be, to the grant of a shot gun certificate.

• (3) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

• (a) a member of a police force, or

• (b) a civilian officer, ...

• (ba) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 by the chief constable of a police force in England and Wales,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , or

• (e) a member of the British Transport Police Force, or

• (f) a person employed by the British Transport Police Authority who is under the direction and control of the Chief Constable of the British Transport Police Force., or

• (g) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 (as it applies by virtue of section 28 of the Railways and Transport Safety Act 2003) by the Chief Constable of the British Transport Police Force.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3AA) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown—

• (a) a member of the Civil Nuclear Constabulary shall be deemed to be a person in the service of Her Majesty; and

• (b) references to the public service shall be deemed to include references to use by a person in the exercise and performance of his powers and duties as a member of the Civil Nuclear Constabulary.

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of this section and any rule of law whereby any provision of this Act does not bind the Crown, the persons specified in subsection (5) of this section shall be deemed to be in the naval, military or air service of Her Majesty, insofar as they are not otherwise in, or treated as being in, any such service.

• (5) The persons referred to in subsection (4) of this section are the following—

• (a) members of any foreign force when they are serving with any of the naval, military or air forces of Her Majesty;

• (b) members of any cadet corps approved by the Secretary of State when—

• (i) they are engaged as members of the corps . . . in connection with, drill or target shooting; and

• (ii) in the case of possession of prohibited weapons or prohibited ammunition when engaged in target shooting, they are on service premises; and

• (c) persons providing instruction to any members of a cadet corps who fall within paragraph (b).

• (6) In subsection (5) of this section—

• “foreign force” means any of the naval, military or air forces of a country other than the United Kingdom; and

• “service premises” means premises, including any ship or aircraft, used for any purpose of any of the naval, military or air forces of Her Majesty.

Exercise of police functions

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• (1) Rules made under section 53 of this Act may—

• (a) regulate the manner in which chief officers of police are to carry out their duties under this Act;

• (b) enable all or any of the functions of a chief officer of police to be discharged by a deputy in the event of his illness or absence, or of a vacancy in the office of chief officer of police.

• (2) Without prejudice to subsection (1)(b) of this section, the functions of a chief officer of police under this Act shall be exercisable on any occasion by a person, or a person of a particular class, authorised by the chief officer of police to exercise that function on that occasion, or on occasions of that class or on all occasions.

Service of notices

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• (1) Any notice required or authorised by this Act to be given to a person (A) may be sent—

• (a) by registered post,

• (b) by the recorded delivery service, or

• (c) subject to subsections (3) and (4), by electronic means.

• (2) For the purposes of subsection (1)(a) or (b) the notice must be sent in a letter—

• (a) addressed to A at A’s last or usual place of abode, or

• (b) where A is a registered firearms dealer, addressed to A at any place of business in respect of which A is registered.

• (3) Subsection (1)(c) applies only to notices required or authorised to be given by a chief officer of police, the Secretary of State or the Scottish Ministers.

• (4) A notice may be sent by electronic means only if—

• (a) the person to whom the notice is to be sent (A) has given a written statement to the chief officer of police, the Secretary of State or the Scottish Ministers (as the case may be) consenting to receive notices under this Act in an electronic form,

• (b) that statement specifies the electronic form (or forms) that may be used and an electronic address for each form,

• (c) subject to subsection (7), the statement has not been withdrawn in accordance with subsection (5)(b), and

• (d) the notice is sent to the electronic address specified in the statement for that form.

• (5) A statement given for the purposes of subsection (4)(a) may—

• (a) be limited to notices of a description specified in the statement;

• (b) be withdrawn by giving a further written statement to the person to whom it was given.

• (6) A statement given for the purposes of subsection (4)(a) or (5)(b) may not be given by electronic means.

• (7) Where a statement given for the purposes of subsection (4)(a) has been withdrawn under subsection (5)(b), a notice sent in accordance with that statement before the end of the period of 28 days beginning with the day after the date of the withdrawal is to be treated as complying with subsection (4)(c).

Interpretation

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• (1) In this Act, the expression “firearm” means—

• (a) a lethal barrelled weapon (see subsection (1B));

• (b) a prohibited weapon;

• (c) a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1D));

• (d) an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon;

and so much of section 1 of this Act as excludes any description of firearm from the category of firearms to which that section applies shall be construed as also excluding component parts of, and accessories to, firearms of that description.