(1) The Secretary of State may issue guidance to chief officers of police as to the exercise of their functions under, or in connection with, this Act.
(2) The Secretary of State may revise any guidance issued under this section.
(3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.
(4) A chief officer of police must have regard to any guidance issued under this section.
(5) Before issuing guidance under this section, the Secretary of State must consult—
(a) the National Police Chiefs' Council, and
(b) the chief constable of the Police Service of Scotland.
(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(c) subject to subsection (7), the statement has not been withdrawn in accordance with subsection (5)(b), and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(b) be withdrawn by giving a further written statement to the person to whom it was given.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(7) Where a statement given for the purposes of subsection (4)(a) has been withdrawn under subsection (5)(b), a notice sent in accordance with that statement before the end of the period of 28 days beginning with the day after the date of the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).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ... firearms of that description.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) In subsection (1)(a), “lethal barrelled weapon” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
(1C) Subsection (1) is subject to section 57A (exception for airsoft guns).
(1D) For the purposes of subsection (1)(c), each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon—
(a) a barrel, chamber or cylinder,
(b) a frame, body or receiver,
(c) a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber,
but only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.
(2) In this Act, the expression “ammunition” means ammunition for any firearm and includes grenades, bombs and other like missiles, whether capable of use with a firearm or not, and also includes prohibited ammunition.
(2A) In this Act “self-loading” and “pump-action” in relation to any weapon mean respectively that it is designed or adapted (otherwise than as mentioned in section 5(1)(a)) so that it is automatically re-loaded or that it is so designed or adapted that it is re–loaded by the manual operation of the fore–end or forestock of the weapon.
(2B) In this Act “revolver”, in relation to a smooth-bore gun, means a gun containing a series of chambers which revolve when the gun is fired.
(3) For purposes of sections 45, 46, 50, 51(4) and 52 of this Act, the offences under this Act relating specifically to air weapons are those under sections 22(4), 22(5), 23(1) 21A(1A) , 24(4) and 24ZA(1) .
(4) In this Act—
“acquire” means hire, accept as a gift or borrow and “acquisition” shall be construed accordingly;
“air weapon” has the meaning assigned to it by section 1(3)(b) of this Act;
...
“area” means a police area;
...
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949;
“certificate” (except in a context relating to the registration of firearms dealers) and “certificate under this Act” mean a firearm certificate or a shot gun certificate and—
“firearm certificate” means a certificate granted by a chief officer of police under this Act in respect of any firearm or ammunition to which section 1 of this Act applies and includes a certificate granted in Northern Ireland under section 1 of the Firearms Act 1920 or under an enactment of the Parliament of Northern Ireland amending or substituted for that section; and
“shot gun certificate” means a certificate granted by a chief officer of police under this Act and authorising a person to possess shot guns;
“civilian officer” means—
as respects England and Wales—
a person employed by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011,
a person employed by the Commissioner of Police of the Metropolis, or
a person employed by the Corporation of the City of London who is under the direction and control of the Commissioner of Police for the City of London;
as respects Scotland, a member of police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012 ;
...
“European weapons directive” means the directive of the Council of the European Communities No.91/477/EEC (directive on the control of the acquisition and possession of weapons);
“firearms dealer” means a person who, by way of trade or business,
manufactures, sells, transfers, repairs, tests or proves firearms or ammunition to which section 1 of this Act applies orshot guns; or
sells or transfers manufactures, sells, transfers, repairs or tests air weapons.
“imitation firearm” means any thing which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1)(b) of this Act) whether or not it is capable of discharging any shot, bullet or other missile;
“member of a police force” means—
as respects England and Wales, a constable who is a member of a police force or a special constable appointed under section 27 of the Police Act 1996;
as respects Scotland, a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8);
“member of the British Transport Police Force” includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“premises” includes any land;
“prescribed” means prescribed by rules made by the Secretary of State under section 53 of this Act;
“prohibited weapon” and “prohibited ammunition” have the meanings assigned to them by section 5(2) of this Act;
“public place” includes any highway road within the meaning of the Roads (Scotland) Act 1984) and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise;
“registered”, in relation to a firearms dealer, means registered either—
in Great Britain, under section 33 of this Act, or
in Northern Ireland, under section 8 of the Firearms Act 1920 or any enactment of the Parliament of Northern Ireland amending or substituted for that section,
and references to “the register”, “registration” and a “certificate of registration” shall be construed accordingly, except in section 40;
“relevant accessory” has the meaning given in section 2A;
“rifle”includes carbine;
“shot gun” has the meaning assigned to it by section 1(3)(a) of this Act and, in sections 3(1) and 45(2) of this Act and in the definition of “firearms dealer”, includes any component part of a shot gun ...;
“slaughtering instrument” means a firearm which is specially designed or adapted for the instantaneous slaughter of animals or for the instantaneous stunning of animals with a view to slaughtering them; and
“transfer” includes let on hire, give, lend and part with possession, and “transferee” and “transferor” shall be construed accordingly.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The definitions in subsections (1) to (3) above apply to the provisions of this Act except where the context otherwise requires.
(6) For purposes of this Act—
(a) the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing; and
(b) a shot gun or an air weapon shall be deemed to be loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun or weapon.
(1) An “airsoft gun” is not to be regarded as a firearm for the purposes of this Act.
(2) An “airsoft gun” is a barrelled weapon of any description which—
(a) is designed to discharge only a small plastic missile (whether or not it is also capable of discharging any other kind of missile), and
(b) is not capable of discharging a missile (of any kind) with kinetic energy at the muzzle of the weapon that exceeds the permitted level.
(3) “Small plastic missile” means a missile that—
(a) is made wholly or partly from plastics,
(b) is spherical, and
(c) does not exceed 8 millimetres in diameter.
(4) The permitted kinetic energy level is—
(a) in the case of a weapon which is capable of discharging two or more missiles successively without repeated pressure on the trigger, 1.3 joules;
(b) in any other case, 2.5 joules.
(1) The Secretary of State may by regulations made by statutory instrument amend section 57(1D) so as to make different provision for the purposes of section 57(1)(c) about the meaning of a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon.
(2) Regulations under this section may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) Nothing in this Act shall apply to the proof houses of the Master, Wardens and Society of the Mystery of Gunmakers of the City of London and the guardians of the Birmingham proof house or the rifle range at Small Heath in Birmingham where firearms are sighted and tested, so as to interfere in any way with the operations of those two companies in proving firearms under the provisions of the Gun Barrel Proof Act 1868 or any other Acts for the time being in force, or to any person carrying firearms to or from any such proof house when being taken to such proof house for the purposes of proof or being removed therefrom after proof.
(2) Apart from—
(a) sections 19, 20 and 21 and Schedule 3, and
(b) any other provision of this Act so far as it applies in relation to an offence under section 19, 20 or 21,
nothing in this Act relating to firearms shall apply to an antique firearm which is sold, transferred, purchased, acquired or possessed as a curiosity or ornament.
(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if—
(a) either the conditions in subsection (2B) are met or the condition in subsection (2C) is met, and
(b) if an additional condition is specified in regulations under subsection (2D), that condition is also met.
(2B) The conditions in this subsection are that—
(a) the firearm's chamber or, if the firearm has more than one chamber, each of its chambers is either—
(i) a chamber that the firearm had when it was manufactured, or
(ii) a replacement for such a chamber that is identical to it in all material respects;
(b) the firearm's chamber or (as the case may be) each of the firearm's chambers is designed for use with a cartridge of a description specified in regulations made by statutory instrument by the Secretary of State (whether or not it is also capable of being used with other cartridges).
(2C) The condition in this subsection is that the firearm's propulsion system is of a description specified in regulations made by statutory instrument by the Secretary of State.
(2D) The Secretary of State may by regulations made by statutory instrument specify either of the following conditions for the purposes of subsection (2A)(b)—
(a) a condition that a number of years specified in the regulations has elapsed since the date on which the firearm was manufactured;
(b) a condition that the firearm was manufactured before a date specified in the regulations.
(2E) In its application to Scotland, subsection (2C) does not apply in relation to a firearm that is an air weapon.
(2F) Regulations under subsection (2B), (2C) or (2D) may make different provision for different purposes.
(2G) Subject to subsection (2H), a statutory instrument containing regulations under subsection (2B), (2C) or (2D) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2H) A statutory instrument containing regulations under subsection (2B) or (2C) which contain only provision amending regulations previously made under that subsection so as to remove a description of cartridge or a description of propulsion system from the descriptions specified in those regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) The provisions of this Act relating to ammunition shall be in addition to and not in derogation of any enactment relating to the keeping and sale of explosives.
(4) The powers of arrest and entry conferred by Part III of this Act shall be without prejudice to any power of arrest or entry which may exist apart from this Act; and section 52(3) of this Act is not to be taken as prejudicing the power of a constable, when arresting a person for an offence, to seize property found in his possession or any other power of a constable to seize firearms, ammunition or other property, being a power exercisable apart from that subsection.
(5) Nothing in this Act relieves any person using or carrying a firearm from his obligation to take out a licence to kill game under the enactments requiring such a licence.
(1) The enactments specified in the second column of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) In so far as any certificate, authority or permit granted, order or rule made, registration effected, or other thing done under an enactment repealed by this Act could have been granted, made, effected or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if granted, made, effected or done under that corresponding provision; and for the purposes of this provision anything which under section 33(1) or (2) of the Firearms Act 1937 had effect as if done under any enactment in that Act shall, so far as may be necessary for the continuity of the law, be treated as done under the corresponding enactment in this Act.
(3) Any document referring to an enactment repealed by this Act or by the Firearms Act 1937 shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.
(4) The mention of particular matters in this section shall not be taken to affect the general application of section 38 of the Interpretation Act 1889 with regard to the effect of repeals.
(1) This Act may be cited as the Firearms Act 1968.
(2) This Act shall come into force on 1st August 1968.
(3) This Act shall not extend to Northern Ireland.
SCHEDULE 1 Offences to which section 17(2) applies
Section 17.
1 Offences under section 1 of the Criminal Damage Act 1971.
2 Offences under any of the following provisions of the Offences Against the Person Act 1861:—
sections 20 to 22 (inflicting bodily injury; garrotting; criminal use of stupefying drugs);
section 30 (laying explosive to building etc. );
section 32 (endangering railway passengers by tampering with track);
section 38 (assault with intent to commit felony or resist arrest);
section 47 (criminal assaults);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A Offences under Part I of the Child Abduction Act 1984 (abduction of children).
3 Offences under such of the provisions of section 4 of the Vagrancy Act 1824 as are referred to in and amended by section 15 of the Prevention of Crimes Act 1871 and section 7 of the Penal Servitude Act 1891 (suspected persons and reputed thieves being abroad with criminal intent).
4 Theft, robbery burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the Theft Act 1968.
5 Offences under section 89(1) of the Police Act 1996 or section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police) .
5A An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).
5B An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).
6 Offences under any of the following provisions of the Sexual Offences Act 2003—
(a) section 1 (rape);
(b) section 2 (assault by penetration);
(c) section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
(d) section 5 (rape of a child under 13);
(e) section 6 (assault of a child under 13 by penetration);
(f) section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
(g) section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
(h) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
6A An offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer).
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Aiding or abetting the commission of any offence specified in paragraphs 1 to 6A of this Schedule.
9 Attempting to commit any offence so specified, . . .
SCHEDULE 2 Offences to which sections 17(2) and 18 apply in Scotland
Sections 17, 18.
Common Law Offences
1 Abduction.
2 Administration of drugs with intent to enable or assist the commission of a crime.
3 Assault.
4 Housebreaking with intent to steal.
5 Malicious mischief.
6 Mobbing and rioting.
7 Perverting the course of justice.
8 Prison breaking and breaking into prison to rescue prisoners.
9 Rape.
10 Robbery.
11 Theft.
12 Use of threats with intent to extort money or property.
13 Wilful fireraising and culpable and reckless fireraising.
Statutory Offences
13A Offences against section 57 of the Civil Government (Scotland) Act 1982
14 Offences against such of the provisions of section 4 of the Vagrancy Act 1824 as are extended to Scotland by section 15 of the Prevention of Crimes Act 1871.
15 Offences against the third and fourth paragraphs of section 7 of the Prevention of Crimes Act 1871.
16 Offences against sections 2, 3 or 4 of the Explosive Substances Act 1883.
17 Offences against section 175 of the Road Traffic Act 1972.
18 Offences against section 90 of the Police and Fire Reform (Scotland) Act 2012.
Attempts
19 Attempt to commit any of the offences mentioned in this Schedule.
SCHEDULE 3 Jurisdiction and Procedure on application under section 21(6)
Section 21.
Part I Application to the Crown Court (England and Wales)
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Notice of the application, signed by the applicant or by his agent on his behalf and stating the general grounds of the application, shall be given by him to the appropriate officer of the Crown Court and also to the chief officer of police for the area in which the applicant resides.
3 On receiving notice of the application the appropriate officer of the Crown Court shall enter the application and give notice to the applicant, and to the chief officer of police to whom the notice of the application is required by paragraph 2 of this Schedule to be given, of the date, time and place fixed for the hearing; but the date shall not be less than twenty-one clear days after the date when the appropriate officer of the Crown Court received the notice of the application.
4 The applicant may at any time, not less than two clear days before the date fixed for the hearing, abandon his application by giving notice in writing to the appropriate officer of the Crown Court and to the chief officer of police; and if he does so the Crown Court (hereafter in this Schedule referred to as “the court”) may order the applicant to pay to the chief officer of police such costs as appear to it to be just and reasonable in respect of expenses properly incurred by him in connection with the application before notice of abandonment was given to him.
5 The chief officer of police may appear and be heard on the hearing of the application.
6 The court may from time to time adjourn the hearing of the application.
7 On the determination of the application, the court may make such order as to payment of costs as it thinks fit, and may fix a sum to be paid by way of costs in lieu of directing a taxation thereof, and any costs ordered to be paid by the court may be recovered summarily as a civil debt and shall not be recoverable in any other manner:
Provided that the chief officer of police shall not under this paragraph be ordered to pay the costs of the applicant.
Part II Application to Sheriff (Scotland)
8 The application shall be made to the sheriff within whose jurisdiction the applicant resides.
9 Not less than twenty-one days’ notice of the application shall be given to the chief officer of police for the area in which the applicant resides.
SCHEDULE 4 Particulars to be Entered by Firearms Dealer in Register of Transactions
Section 40.
PART 1 PARTICULARS RELATING TO FIREARMS (OTHER THAN AIR WEAPONS) AND AMMUNITION
Note: in this Part references to firearms do not include any firearm to which Part 2 or 3 of this Schedule applies
1 The quantities and description of firearms and ammunition manufactured and the dates thereof.
2 The quantities and description of firearms and ammunition purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.
3 The quantities and description of firearms and ammunition accepted for sale, repair, test, proof, cleaning, storage, destruction or other purpose, with the names and addresses of the transferors and the dates of the several transactions.
4 The quantities and description of firearms and ammunition sold or transferred with the names and addresses of the purchasers or transferees and (except in cases where the purchaser or transferee is a registered dealer) the areas in which the firearm certificates were issued, and the dates of the several transactions.
5 The quantities and description of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register.
PART 2 PARTICULARS RELATING TO AIR WEAPONS: ENGLAND AND WALES
Notes:This Part does not apply in relation to Scotland.In this Part “air weapon” includes any component of, or accessory to, an air weapon.
1 The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.
2 The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.
3 The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register
PART 3 PARTICULARS RELATING TO AIR WEAPONS: SCOTLAND
Notes:This Part applies in relation to Scotland.In this Part “air weapon” includes any component of, or accessory to, an air weapon.
1 The quantities and description of air weapons manufactured and the dates of manufacture.
2 The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the date of each transaction.
3 The quantities and description of air weapons accepted for sale, repair, testing, cleaning, storage, destruction, or any other purposes, with the names and addresses of the transferors and the date of each transaction.
4 The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the date of each transaction.
5 The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register.
SCHEDULE 5 Provisions as to Appeals under s. 44 of this Act
Section 44.
Part I Courts with Jurisdiction to entertain Appeal
Nature of appeal | . . . | Sheriff’s jurisdiction
1. Appeal under section 28A(6), 29(2), 30A(6), 30B(3) or 30C(2) (against refusal to grant or renew, or to vary, or against revocation of, a certificate). | The sheriff within whose jurisdiction the appellant resides.
2. Appeal under section 34(5) by a person aggrieved by the refusal of a chief officer of police to register him as a firearms dealer. | The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has applied to be registered.
3. Appeal under section 34(5) or 37(3) by a person aggrieved by the refusal of a chief officer of police to enter a place of business of his in the register. | The sheriff within whose jurisdiction there is situated the place of business to which the appeal relates.
4. Appeal under section 36(3) (against imposition or variation of condition, of registration, or refusal to vary or revoke such a condition). | The sheriff within whose jurisdiction is situated the appellant’s place of business in respect of which the condition is in force.
5. Appeal under section 38(7) by a person aggrieved by the removal of his name from the register. | The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has been registered.
6. Appeal under section 38(7) by a person aggrieved by the removal from the register of a place of business of his. | The sheriff within whose jurisdiction is situated the place of business to which the appeal rela tes.
Part II Procedural provisions for appeal to the Crown Court
1 Notice of an appeal, signed by the appellant or by his agent on his behalf and stating the general grounds of the appeal, shall be given by him to the appropriate officer of the Crown Court and also to the chief officer of police by whose decision the appellant is aggrieved.
2 A notice of appeal shall be given within twenty-one days after the date on which the appellant has received notice of the decision of the chief officer of police by which he is aggrieved.
3 On receiving notice of an appeal the appropriate officer of the Crown Court shall enter the appeal and give notice to the appellant and to the chief officer of police to whom the notice of the appeal is required by paragraph 1 of this Part of this Schedule to be given, of the date, time and place fixed for the hearing.
4 An appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon his appeal by giving notice in writing to the appropriate officer of the Crown Court and to the chief officer of police; . . .
5 The chief officer of police may appear and be heard on the hearing of an appeal.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 On the hearing of an appeal the court may either dismiss the appeal or give the chief officer of police such directions as it thinks fit as respects the certificate or register which is the subject of the appeal.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Appeals in Scotland
1 An appeal to the sheriff shall be by way of summary application.
2 An application shall be made within 21 days after the date on which the appellant has received notice of the decision of the chief officer of police in respect of which the appeal is made.
3 On the hearing of the appeal the sheriff may either dismiss the appeal or give the chief officer of police such directions as he thinks fit as respects the certificate or register which is the subject of the appeal.
4 The decision of the sheriff on an appeal may be appealed only on a point of law.
Section 51.
Part I Table of Punishments
Section of this Act creating offence | General nature of offence | Mode of prosecution | Punishment | Additional provisions
Section 1(1) ... | Possessing etc. firearm or ammunition without firearm certificate. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | (i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, 7 years, or a fine; or both,
(ii) in any other case, 5 yearsor a fine; or both. | Paragraph 1 of Part II of this Schedule applies.
Section 1(2) ... | Non-compliance with condition of firearm certificate. | Summary ... ... | 6 months or a fine of level 5 on the standard scale; or both. | Paragraph 1 of Part II of this Schedule applies.
Section 2(1) ... | Possessing, etc., shot gun without shot gun certificate. | (a) Summary. | 6 months or the statutory maximum or both. | Paragraph 1 of Part II of this Schedule applies.
(b) On indictment. | 5 years or a fine; or both.
Section 2(2) ... | Non-compliance with condition of shot gun certificate. | Summary... | 6 months or a fine of level 5 on the standard scale; or both. | Paragraph 1 of Part II of this Schedule applies.
Section 2A | Possession of relevant accessory without certificate under this Act | Summary | A fine of level 3 on the standard scale
Section 3(1) ... | Trading in firearms without being registered as firearms dealer. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 3(2) ... | Selling firearm to person without a certificate. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 3(3) ... | Repairing, testing etc. firearm for person without a certificate. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 3(5) ... | Falsifying certificate, etc., with view to acquisition of firearm. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 3(6) ... | Pawnbroker taking firearm in pawn. | Summary ... ... | 3 months or a fine of level 3 on the standard scale; or both.
Section 3(7) | Pawnbroker taking air weapon in pawn (Scotland only). | Summary | 3 months or a fine of level 3 on the standard scale; or both.
Section 4(1)(3) | Shortening a shot gun; conversion of firearms. | (a) Summary... | 6 months or a fine of £400; or both.
(b) On indictment | 7 years or a fine; or both.
Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) , (ag), (ba) or (c) | Possessing ... prohibited weapons or ammunition. | On indictment | 10 years or a fine, or both.
Section 5(1)(b) | Possessing ... prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine or both.
Section 5(1A)(a) | Possessing ... firearm disguised as other object. | On indictment | 10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g) | Possessing ... other prohibited weapons. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both.
Section 5(2A) | Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition | On indictment | Imprisonment for life.
Section 5(5) ... | Non-compliance with condition ofDefence Council authority. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 5(6) ... | Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition. | Summary ... ... | A fine of level 3 on the standard scale.
Section 6(3) ... | Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of level 3 on the standard scale; or both. | Paragraph 2 of Part II of this Schedule applies.
Section 7(2) ... | Making false statement in order to obtain police permit. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 9(3) ... | Making false statement in order to obtain permit for auction of firearms, etc. | Summary | 6 months or a fine not exceeding level 5 on the standard scale; o r both.
Section 13(2) ... | Making false statement in order to obtain permit for removal of signalling apparatus. | Summary. ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 16 ... | Possession of firearm with intent to endanger life or injure property. | On indictment ... | life imprisonment or a fine; or . . . b oth.
Section 16A | Possession of firearm with intent to cause fear of violence. | On indictment | 10 years or a fine; or both.
Section 17(1) ... | Use of firearms to resist arrest. | On indictment ... | life imprisonment or a fine; or, . . . both. | Paragraphs 3 to 5 of Part II of this Schedule apply.
Section 17(2) ... | Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2. | On indictment ... | Life imprisonment or a fine; or . . . both. | Paragraphs 3 and 6 of Part II of this Schedule apply.
Section 18(1) ... | Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest. | On indictment ... | Life imprisonment or a fine; or, . . . b oth.
Section 19 ... | Carrying firearm or imitation firearm in public place. | (a) Summary... except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) , (af), (ag) or (ba) or section 5(1A)(a) of this Act. | 6 months or a fine of £400; or both.
(b) On indictment (but not . . . if the firearm is an air weapon). | 7 years.or a fine; or both.
Section 20(1) ... | Trespassing with firearm or imitation firearm in a building. | (a) Summary ... except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) , (af), (ag) or (ba) or section 5(1A)(a) of this Act. | 6 months or a fine of £400; or both.
(b) On indictment (but not in the case of an imitation firearm or if the firearm is an air weapon). | 7 yearsor a fine; or both.
Section 20(2) ... | Trespassing with firearm or imitation firearm on land. | Summary ... ... | 3 months or a fine of level 4 on the standard scale; or both.
Section 21(4) ... | Contravention of provisions denying firearms to ex-prisoners and the like. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 21(5) ... | Supplying firearms to person denied them under section 21. | (a) Summary ... | 6 months or a fine of £400; or both.
(b) On indictment | 5 years or a fine; or both.
Section 21A 21A(1) and (1A) | Person making improper use of air weapon | Summary | A fine of level 3 on the standard scale | Paragraphs 7 and 8 of Pt II of this Schedule apply.
Section 22(1) | Person under 18 acquiring firearm | Summary | (i)where the offence is committed by a person aged 17 in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both;
(ii)in any other case, 6 months or a fine of level 5 on the standard scale; or both.
Section 22(1A).. | Person under 18 using certificated firearm for unauthorised purpose. | Summary... | 3 months or a fine of level 5 on the standard scale; or both.
Section 22(2) ... | Person under 14 having firearm in his possession without lawful authority. | Summary ... ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 22(3) ... | Person under 15 having with him a shot gun without adult supervision. | Summary ... ... | A fine of level 3 on the standard scale | Paragraph 8 of Part II of this Schedule applies.
Section 22(4) ... | Person under 18 having with him an air weapon or ammunition therefor. | Summary ... ... | A fine of level 3 on the standard s cale | Paragraphs 7 and 8 of Part II of this Schedule apply.
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Section 23(1) ... | Person supervising a person under 18 and allowing him to make improper use of air weapon | Summary ... ... | A fine of level 3 on the standard s cale | Paragraphs 7 and 8 of Part II of this Schedule apply.
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Section 24(1) | Selling or letting on hire a firearm to a person under 18 | Summary | (i)where the offence is committed in relation to a person aged 17 and in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both;
(ii)in any other case, 6 months or a fine of level 5 on the standard scale; or both.
Section 24(2) ... | Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14. | Summary ... ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 24(3) ... | Making gift of shot gun to person under 15. | Summary ... ... | A fine of level 3 on the standard scale | Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ... | Supplying air weapon to person under 18 . | Summary ... ... | A fine of level 3 on the standard scale | Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 24ZA(1) | Failing to prevent minors from having air weapons | Summary | A fine of level 3 on the standard scale. | Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 24A(1) or (2) | Acquisition by a minor of an imitation firearm and supplying him. | Summary | In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.
Section 25 ... | Supplying firearm to person drunk or insane. | Summary ... ... | 3 months or a fine of level 3 on the standard scale; or both.
Section 28A(7) ... | Making false statement in order to procure grant or renewal of a firearm or shot gun certificate. | Summary ... ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 29(3) ... | Making false statement in order to procure variation of a firearm certificate. | Summary ... ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 30D(3)... | Failing to surrender certificate on revocation. | Summary ... ... | A fine of level 3 on the standard s cale.
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Section 38(8) ... | Failure to surrender certificate of registration or register of transactions on removal of firearms dealer’s name from from register. | Summary ... ... | A fine of level 3 on the standard s cale.
Section 39(1) ... | Making false statement in order to secure registration or entry in register of a place of business. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 39(2) ... | Registered firearms dealer having place of business not entered in the register. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 39(3) ... | Non-compliance with condition of registration. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
Section 40(5) ... | Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register. | Summary ... | 6 months or a fine of level 5 on the standard scale; or both.
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Section 42A... | Failure to report transaction authorised by visitor’s shot gun permit. | Summary... | 3 months or a fine of level 5 on the standard scale; or both.
Section 46. | Obstructing constable or civilian officer in exercise of search powers. | Summary. | 6 months or a fine of level 5 on the standard scale; or both.
Section 47(2) ... | Failure to hand over firearm or ammunition on demand by constable. | Summary ... | 3 months or a fine of level 4 on the standard scale; or both.
Section 48(3) ... | Failure to comply with requirement of a constable that a person shall declare his name and address. | Summary ... ... | A fine of level 3 on the standard scale.
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Section 49(3) ... | Failure to give constable facilities for examination of firearms in transit, or to produce papers. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of level 3 on the standard scale; or both. | Paragraph 2 of Part II of this Schedule applies.
Section 52(2)(c) | Failure to surrender firearm or shot gun certificate cancelled by court on conviction. | A fine of level 3 on the standard scale.
Part II Supplementary Provisions as to Trial and Punishment of offences
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Where a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.
5 If on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.
6 The punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).
7 The court by which a person is convicted of an offence under section 21A,22(4), 23(1) 21A(1), 21A(1A), 22(3) . . . , 24(4) or 24ZA(1) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was committed.
8 The court by which a person is convicted of an offence under section 21A,22(3) or (4), 23(1) 21A(1), 21A(1A), 22(3), . . . , 24(4) or 24ZA(1) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.
9 The court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.
Section 59.
Chapter | Short Title | Extent of Repeal
1 Edw. 8&1 Geo. 6. c. 12. | The Firearms Act 1937. | The whole Act.
11&12 Geo. 6. c. 58. | The Criminal Justice Act 1948. | In Schedule 9, the entry relating to the Firearms Act 1937.
12, 13&14 Geo. 6. c. 94. | The Criminal Justice (Scotland) Act 1949. | In Schedule 11, the entry relating to the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 55. | The Magistrate Courts Act 1952. | In Schedule 5, the entry relating to section 23(4) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 52. | The Prison Act 1952. | In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 61. | The Prison (Scotland) Act 1952. | In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
4&5 Eliz. 2. c. 69. | The Sexual Offences Act 1956. | In Schedule 3, the entry relating to the Firearms Act 1937.
10&11 Eliz. 2. c. 49. | The Air Guns and Shot Guns, etc. Act 1962. | The whole Act.
1964 c. 48 | The Police Act 1964. | In Schedule 9, the entry relating to the Firearms Act 1937.
1965 c. 44. | The Firearms Act 1965. | The whole Act.
1966 c. 42. | The Local Government Act 1966. | In Part II of Schedule 3, the entry (numbered 19) relating to the Firearms Act 1937.
1966 c. 51. | The Local Government (Scotland) Act 1966. | In Part II of Schedule 4, the entry (numbered 17) relating to the Firearms Act 1937.
1967 c. 77. | The Police (Scotland) Act 1967. | In Schedule 4, the entry relating to the Firearms Act 1937.
1967 c. 80. | The Criminal Justice Act 1967. | Part V (that is to say, sections 85 to 88).