(1) A certificate shall, unless previously revoked or cancelled, continue in force for five years from the date when it was granted or last renewed, but shall be renewable for a further period of five years by the chief officer of police for the area in which the holder resides.
(1A) Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.
(2) The provisions of this Act apply to the renewal of a certificate as they apply to a grant; but, subject to the power of renewal conferred by this subsection, a certificate granted or last renewed in Northern Ireland shall not continue in force for a period longer than that for which it was so granted or last renewed.
(3) The Secretary of State may by order amend subsection (1) above so as to substitute for any reference to a period for the time being specified in that subsection a reference to such other period as may be specified in the order.
(4) An order made under subsection (3) above shall apply only to certificates granted or renewed after the date on which the order comes into force.
(5) The power to make orders under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) 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.
(7) It is an offence for a person knowingly or recklessly to make any statement which is false in any material particular for the purpose of procuring (whether for himself or another) the grant or renewal of a certificate under this Act.
(1) This section applies where—
(a) an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but
(b) the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire.
(2) The certificate continues in force by virtue of this subsection until whichever of the following events occurs first—
(a) the chief officer determines whether or not to grant the application;
(b) the extension period ends.
(3) In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire.
(4) If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force.
(5) This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.
(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.
(1) A firearm certificate may be revoked by the chief officer of police for the area in which the holder resides on any of the grounds mentioned in subsections (2) to (5) below.
(2) The certificate may be revoked if the chief officer of police has reason to believe—
(a) that the holder is of intemperate habits or unsound mind or is otherwise unfitted to be entrusted with a firearm; or
(b) that the holder can no longer be permitted to have the firearm or ammunition to which the certificate relates in his possession without danger to the public safety or to the peace.
(3) The certificate may be revoked if the chief officer of police is satisfied that the holder is prohibited by this Act from possessing a firearm to which section 1 of this Act applies.
(4) The certificate may be revoked if the chief officer of police is satisfied that the holder no longer has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition which he is authorised by virtue of the certificate to have in his possession or to purchase or acquire.
(5) A firearm certificate may be revoked if the holder fails to comply with a notice under section 29(1) of this Act requiring him to deliver up the certificate.
(6) A person aggrieved by the revocation of a certificate under subsection (2), (3) or (4) of this section may in accordance with section 44 of this Act appeal against the revocation.
(1) The chief officer of police for the area in which the holder of a firearm certificate resides may partially revoke the certificate, that is to say, he may revoke the certificate in relation to any firearm or ammunition which the holder is authorised by virtue of the certificate to have in his possession or to purchase or acquire.
(2) A firearm certificate may be partially revoked only if the chief officer of police is satisfied that the holder no longer has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition to which the partial revocation relates.
(3) A person aggrieved by the partial revocation of a certificate may in accordance with section 44 of this Act appeal against the partial revocation.
(1) A shot gun certificate may be revoked by the chief officer of police for the area in which the holder resides 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.
(2) A person aggrieved by the revocation of a shot gun certificate may in accordance with section 44 of this Act appeal against the revocation.
(1) Where a certificate is revoked under section 30A or 30C of this Act the chief officer of police shall by notice in writing require the holder to surrender the certificate.
(2) Where a certificate is partially revoked under section 30B of this Act the chief officer of police shall by notice in writing require the holder to deliver up the certificate for the purpose of amending it.
(3) It is an offence for the holder of a certificate to fail to comply with a notice under subsection (1) or (2) above within twenty-one days from the date of the notice.
(4) If an appeal is brought against a revocation or partial revocation—
(a) this section shall not apply to that revocation or partial revocation unless the appeal is abandoned or dismissed; and
(b) it shall then apply with the substitution, for the reference to the date of the notice, of a reference to the date on which the appeal was abandoned or dismissed.
(5) This section shall not apply in relation to—
(a) the revocation of a firearm certificate on any ground mentioned in section 30A(2), (3) or (4) of this Act;
(b) the revocation of a shot gun certificate,
if the chief officer of police serves a notice on the holder under section 12 of the Firearms Act 1988 requiring him to surrender forthwith his certificate and any firearms and ammunition in his possession by virtue of the certificate.
(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:
Provided that, if an appeal is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed, and shall then apply with the substitution, for the reference to the date of the notice, of a reference to the date on which the appeal was abandoned or dismissed.
(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.
32 Fee for certificate and exemption from paying it in certain cases.
(1) Subject to this Act, there shall be payable—
(a) on the grant of a firearm certificate a fee of £204;
(b) on the renewal of a firearm certificate a fee of £135;
(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 £48;
(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 £200;
(e) on the renewal of a shot gun certificate a fee of £130;
(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.
32ZA Fees in connection with authority under section 5
(1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an authority under section 5 is granted, varied or renewed.
(2) Regulations under subsection (1) must specify the amount of any fee that may be charged.
(3) The regulations may make different provision for different cases (including specifying different fees for different cases).
(4) The regulations may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(5) Regulations under this section are to be made by statutory instrument.
(6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section, “the appropriate national authority” means—
(a) in or as regards England and Wales, the Secretary of State;
(b) in or as regards Scotland, the Scottish Ministers.
(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.
(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.
(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 £480.
(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 £31.
(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 £480.
(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.
(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.
38 Removal from register of dealer’s name or place of business.
(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:
Provided that, if an appeal is brought against the removal, this subsection shall not apply to that removal unless the appeal is abandoned or dismissed and shall then apply with the substitution, for the reference to the date of the notice, of a reference to the date on which the appeal was abandoned or dismissed.
(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.
40 Compulsory register of transactions in firearms.
(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:
Provided that, where a written authority is required by this subsection, the authority shall be produced on demand.
(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.
41 Exemption from s. 40 in case of trade in shot gun components.
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.
42A Information as to transactions under visitors’ permits.
(1) A person who sells, lets on hire, gives or lends a shot gun with a magazine to another person who—
(a) shows that he is entitled to purchase or acquire the weapon as the holder of a visitor’s shot gun permit under section 17 of the Firearms (Amendment) Act 1988; but
(b) fails to show that the purchase or acquisition falls within subsection (1A)(c) ... of that section (temporary acquisitions ...) or that he resides outside Great Britain,
shall, within forty-eight hours of the transaction, send by permitted means notice of the transaction to the chief officer of police who granted that permit.
(2) A notice under subsection (1) above shall—
(a) contain a description of the shot gun (giving the identification number if any);
(b) state the nature of the transaction (giving the name of the person to whom the gun has been sold, let on hire, given or lent, his address in Great Britain where he resides and the number and place of issue of his passport, if any); and
(c) set out the particulars of any licence granted for the purposes of an order made under section 1 of the Import, Export and Customs Powers (Defence) Act 1939 by virtue of which the transaction is authorised under section 17 of that Act of 1988.
(2A) A notice is sent by permitted means for the purposes of subsection (1) if it is sent—
(a) by registered post;
(b) by the recorded delivery service; or
(c) by permitted electronic means (see section 42B).
(3) It is an offence for a person to fail to comply with this section.
(1) A notice is sent by permitted electronic means for the purposes of section 42A if—
(a) it is sent by an electronic form of communication which the Secretary of State has directed may be used for those purposes,
(b) it is sent to an electronic address which has been published pursuant to subsection (4), and
(c) subject to subsection (6), the electronic address has not been withdrawn in accordance with subsection (5).
(2) Before giving a direction under subsection (1)(a), the Secretary of State must consult—
(a) the Scottish Ministers,
(b) the National Police Chiefs' Council ,
(c) the chief constable of the Police Service of Scotland, and
(d) such other persons as the Secretary of State is satisfied should be consulted.
(3) The Secretary of State must publish directions given under subsection (1)(a).
(4) A chief officer of police must publish at least one electronic address for each form of electronic communication specified in a direction under subsection (1)(a).
(5) A chief officer of police may withdraw an electronic address published under subsection (4) by publishing a statement to that effect in the same manner as that in which the electronic address was published under subsection (4); but a chief officer of police may exercise the power to withdraw only if, after the withdrawal, there will still be at least one electronic address available for the form of electronic communication concerned.
(6) Where an electronic address has been withdrawn under subsection (5), a notice sent to that electronic address before the end of the period of 28 days beginning with the day after the date of withdrawal is to be treated as complying with subsection (1)(b).
(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.
(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.
45 Consequences where registered dealer convicted of offence.
(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.
(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.
(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.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(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:
Provided that no such proceedings shall be instituted in England after the expiration of six months after the commission of the offence unless they are instituted by, or by the direction of, the Director of Public Prosecutions.
51A Minimum sentence for certain offences under s. 5
(1) Subsections (2) to (5) apply where—
(a) an individual is convicted in Scotland of—
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, . . .
(ii) an offence under section 5(1A)(a) of this Act, or
(iii) an offence under any of the provisions of this Act listed in subsection (1A) in respect of a firearm or ammunitionspecified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae),(af) or (c) or section 5(1A)(a) of this Act, and
(b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over.
(1A) The provisions are—
(za) section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);
(a) section 16 (possession of firearm with intent to injure);
(b) section 16A (possession of firearm with intent to cause fear of violence);
(c) section 17 (use of firearm to resist arrest);
(d) section 18 (carrying firearm with criminal intent);
(e) section 19 (carrying a firearm in a public place);
(f) section 20(1)(trespassing in a building with firearm).
(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
(4) In this section “appropriate custodial sentence (or order for detention)” means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to Scotland—
(i) in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,
(ii) in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and
(iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.
(5) In this section “the required minimum term” means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to Scotland—
(i) in the case of an offender who was aged 21 or over when he committed the offence, five years, and
(ii) in the case of an offender who was aged under 21 at that time, three years.
(6) For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.
52 Forfeiture and disposal of firearms; cancellation of certificate by convicting court.
(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.
(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.
54 Application of Parts I and II to Crown servants.
(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.
(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.