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
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