Firearms (Amendment) Act 1997
1997 c. 5
An Act to amend the Firearms Acts 1968 to 1992; to make provision in relation to the licensing and regulation of pistol clubs; to make further provision for regulating the possession of, and transactions relating to, firearms and ammunition; and for connected purposes.
[27th February 1997]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of s.5 of the 1968 Act to prohibit certain small firearms etc.
(1) Section 5 of the Firearms Act 1968 (referred to in this Act as “the 1968 Act”) shall have effect with the following amendments.
(2) In subsection (1) (which describes weapons which are prohibited by section 5), after paragraph (ab) there shall be inserted the following paragraph—
(aba) any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a small-calibre pistol, a muzzle-loading gun or a firearm designed as signalling apparatus;
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(3) In paragraph (ab) (self-loading or pump-action rifles) of that subsection, for the word “rifle” there shall be substituted the words “ rifled gun ”.
(4) In paragraph (ac) (self-loading and pump-action smooth-bore guns) after the word “not” there shall be inserted the words “ an air weapon or ”.
(5) In paragraph (ad) (smooth-bore revolver guns), for the words from “loaded” to the end there shall be substituted the words “ a muzzle-loading gun ”.
(6) After subsection (7) there shall be inserted the following subsections—
(8) For the purposes of subsection (1)(aba) and (ac) above, any detachable, folding, retractable or other movable butt-stock shall be disregarded in measuring the length of any firearm.
(9) Any reference in this section to a muzzle-loading gun is a reference to a gun which is designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile).
(7) The general prohibition by section 5 of the 1968 Act of firearms falling within subsection (1)(aba) of that section is subject to the special exemptions in sections 2 to 8 below.
(7A) In sections 2 to 7 below any reference to subsection (1)(aba) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to a firearm specified in subsection (1)(aba) of that section.
(7B) In section 8 below the reference to subsection (1)(aba), (b) or (c) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to any weapon or ammunition specified in subsection (1)(aba), (b) or (c) of that section.
(8) In sections 2 to 8 below any reference to a firearm certificate shall include a reference to a visitor’s firearm permit.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act—
(a) for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a slaughtering instrument if he is authorised by a firearm certificate to have the instrument in his possession, or to purchase or acquire it;
(b) for a person to have a slaughtering instrument in his possession if he is entitled, under section 10 of the 1968 Act, to have it in his possession without a firearm certificate.
The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with the humane killing of animals.
(1) The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a shot pistol if he is authorised by a firearm certificate to have the shot pistol in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with the shooting of vermin.
(2) For the purposes of this section, “shot pistol” means a smooth-bored gun which is chambered for .410 cartridges or 9mm rim-fire cartridges.
The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act—
(a) for a person to have a firearm in his possession at an athletic meeting for the purpose of starting races at that meeting; or
(b) for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with starting races at athletic meetings.
The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act for a person to have in his possession a firearm which was acquired as a trophy of war before 1st January 1946 if he is authorised by a firearm certificate to have it in his possession.
(1) The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm which—
(a) was manufactured before 1st January 1919; and
(b) is of a description specified under subsection (2) below,
if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that he does so only for the purpose of its being kept or exhibited as part of a collection.
(2) The Secretary of State may by order made by statutory instrument specify a description of firearm for the purposes of subsection (1) above if it appears to him that—
(a) firearms of that description were manufactured before 1st January 1919; and
(b) ammunition for firearms of that type is not readily available.
(3) The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm which—
(a) is of particular rarity, aesthetic quality or technical interest, or
(b) is of historical importance,
if he is authorised by a firearm certificate to have the firearm in his possession subject to a condition requiring it to be kept and used only at a place designated for the purposes of this subsection by the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998).
(4) This section has effect without prejudice to section 58(2) of the 1968 Act (antique firearms).
8 Weapons and ammunition used for treating animals.
The authority of the Secretary of State or the Scottish Ministers is not required by virtue of subsection (1)(aba), (b) or (c) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, any firearm, weapon or ammunition designed or adapted for the purpose of tranquillising or otherwise treating any animal, if he is authorised by a firearm certificate to possess, or to purchase or acquire, the firearm, weapon or ammunition subject to a condition restricting its use to use in connection with the treatment of animals.
10 Expanding ammunition etc.: exemptions from prohibition.
(1) Section 5A of the 1968 Act (exemptions from requirement of authority under section 5) shall be amended as follows.
(2) In subsection (4) (shooting of animals)—
(a) after the word “acquire”, in the first place it appears, there shall be inserted the words “ , or to sell or transfer, ”; and
(b) for paragraphs (a) and (b) there shall be substituted the following paragraphs—
(a) he is authorised by a firearm certificate or visitor’s firearm permit to possess, or purchase or acquire, any expanding ammunition; and
(b) the certificate or permit is subject to a condition restricting the use of any expanding ammunition to use in connection with any one or more of the following, namely—
(i) the lawful shooting of deer;
(ii) the shooting of vermin or, in the course of carrying on activities in connection with the management of any estate, other wildlife;
(iii) the humane killing of animals;
(iv) the shooting of animals for the protection of other animals or humans.
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(3) For subsection (7) (firearms dealers) there shall be substituted the following subsection—
(7) The authority of the Secretary of State shall not be required by virtue of subsection (1A) of section 5 of this Act for a person carrying on the business of a firearms dealer, or any servant of his, to have in his possession, or to purchase, acquire, sell or transfer, any expanding ammunition or the missile for any such ammunition in the ordinary course of that business.
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15 Surrender of prohibited small firearms and ammunition.
(1) The Secretary of State may make such arrangements as he thinks fit to secure the orderly surrender at designated police stations of firearms or ammunition the possession of which will become or has become unlawful by virtue of section 1 or 9 above.
(2) The chief officer of police for any area may designate any police station in his area as being suitable for the receipt of surrendered firearms or ammunition or surrendered firearms or ammunition of any description.
(3) This section applies in relation to small-calibre pistols with the substitution for the reference in subsection (1) above to section 1 above of a reference to section 1 of the Firearms (Amendment) (No. 2) Act 1997 (prohibition of small-calibre pistols).
16 Payments in respect of prohibited small firearms and ammunition.
(1) The Secretary of State shall, in accordance with a scheme made by him, make payments in respect of firearms and ammunition surrendered at designated police stations in accordance with the arrangements made by him under section 15 above.
(2) A scheme under subsection (1) above shall provide only for the making of payments to persons making claims for such payments in respect of firearms or ammunition—
(a) which they had, and were entitled to have in their possession on or immediately before 16th October 1996 by virtue of firearm certificates held by them or by virtue of their being registered firearms dealers; or
(b) which on or before that date they had contracted to acquire and were entitled to have in their possession after that date by virtue of such certificates held by them or by virtue of their being registered firearms dealers,
and their possession of which will become, or has become, unlawful by virtue of section 1(2) or 9 above.
(3) A scheme under subsection (1) above may—
(a) restrict eligibility for receipt of payments to claims made in respect of firearms or ammunition surrendered within a period specified in the scheme;
(b) provide for the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims;
(c) make different provision for different descriptions of firearm or ammunition or for different descriptions of claimant.
(4) This section applies in relation to small-calibre pistols surrendered at designated police stations in accordance with the arrangements made under section 15 above with the substitution—
(a) for the reference in paragraph (a) of subsection (2) above to 16th October 1996 of a reference to 14th May 1997; and
(b) for the reference in that subsection to section 1(2) above of a reference to section 1 of the Firearms (Amendment) (No. 2) Act 1997 (prohibition of small-calibre pistols).
(1) The Secretary of State shall, in accordance with any scheme which may be made by him, make payments in respect of ancillary equipment of any description specified in the scheme.
(2) For the purposes of subsection (1) above “ancillary equipment” means equipment, other than prohibited ammunition, which—
(a) is designed or adapted for use in connection with firearms prohibited by virtue of section 1(2) above; and
(b) has no practicable use in connection with any firearm which is not a prohibited weapon.
(3) A scheme under subsection (1) above shall provide only for the making of payments to persons making claims for such payments in respect of ancillary equipment—
(a) which they had in their possession on 16th October 1996; or
(b) which they had in their possession after that date, having purchased it by virtue of a contract entered into before that date.
(4) No payment shall be made under a scheme under subsection (1) above in relation to any ammunition unless its possession or, as the case may be, purchase by any person claiming a payment in respect of it was, at all material times, lawful by virtue of a firearm certificate held by him or by virtue of his being a registered firearms dealer.
(5) A scheme under subsection (1) above may require, as a condition of eligibility for receipt of payments under the scheme in respect of any equipment—
(a) the surrender (whether to the police or any other person) of that equipment in accordance with the scheme within a period specified by the scheme; or
(b) the disposal of that equipment by way of sale within a period so specified; or
(c) either such surrender or such disposal of the equipment within a period so specified.
(6) A scheme under subsection (1) above may—
(a) provide for the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims;
(b) make different provision for different descriptions of equipment or for different descriptions of claimant.
(7) This section applies in relation to equipment designed or adapted for use in connection with small-calibre pistols with the substitution—
(a) for the reference in subsection (2)(a) above to firearms prohibited by virtue of section 1(2) above of a reference to small-calibre pistols; and
(b) for the reference in subsection (3)(a) above to 16th October 1996 of a reference to 14th May 1997.
(1) Before making a compensation scheme the Secretary of State shall lay a draft of it before Parliament.
(2) The Secretary of State shall not make the scheme unless the draft has been approved by resolution of each House.
(3) Subsections (1) and (2) above apply to an alteration to a compensation scheme as they apply to a compensation scheme.
(4) In this section “compensation scheme” means a scheme under section 16 or 17 above.
(1) This section applies where, in Great Britain—
(a) a firearm or ammunition to which section 1 of the 1968 Act applies is sold, let on hire, lent or given by any person, or
(b) a shot gun is sold, let on hire or given, or lent for a period of more than 72 hours by any person,
to another person who is neither a registered firearms dealer nor a person who is entitled to purchase or acquire the firearm or ammunition without holding a firearm or shot gun certificate or a visitor’s firearm or shot gun permit.
(2) Where a transfer to which this section applies takes place—
(a) the transferee must produce to the transferor the certificate or permit entitling him to purchase or acquire the firearm or ammunition being transferred;
(b) the transferor must comply with any instructions contained in the certificate or permit produced by the transferee;
(c) the transferor must hand the firearm or ammunition to the transferee, and the transferee must receive it, in person.
(3) A failure by the transferor or transferee to comply with subsection (2) above shall be an offence.
(1) This section applies where in Great Britain—
(a) any firearm to which section 1 of the 1968 Act applies is sold, let on hire, lent or given;
(b) any shot gun is sold, let on hire or given, or lent for a period of more than 72 hours.
(2) Any party to a transfer to which this section applies who is the holder of a firearm or shot gun certificate or, as the case may be, a visitor’s firearm or shot gun permit which relates to the firearm in question shall within seven days of the transfer give notice to the chief officer of police who granted his certificate or permit.
(3) A notice required by subsection (2) above shall—
(a) contain a description of the firearm in question (giving its identification number if any); and
(b) state the nature of the transaction and the name and address of the other party;
and any such notice shall be sent by permitted means.
(3A) A notice is sent by permitted means for the purposes of subsection (3) if it is sent—
(a) by registered post;
(b) by the recorded delivery service; or
(c) by permitted electronic means (see section 35A).
(4) A failure by a party to a transaction to which this section applies to give the notice required by this section shall be an offence.
34 Notification of de-activation, destruction or loss of firearms etc.
(1) Where, in Great Britain—
(a) a firearm to which a firearm or shot gun certificate relates; or
(b) a firearm to which a visitor’s firearm or shot gun permit relates,
is de-activated, destroyed or lost (whether by theft or otherwise), the certificate holder who was last in possession of the firearm before that event shall within seven days of that event give notice of it to the chief officer of police who granted the certificate or permit.
(2) Where, in Great Britain, any ammunition to which section 1 of the 1968 Act applies, and a firearm certificate or a visitor’s firearm permit relates, is lost (whether by theft or otherwise), the certificate or permit holder who was last in possession of the ammunition before that event shall within seven days of the loss give notice of it to the chief officer of police who granted the certificate or permit.
(3) A notice required by this section shall—
(a) describe the firearm or ammunition in question (giving the identification number of the firearm if any);
(b) state the nature of the event;
and any such notice shall be sent by permitted means.
(3A) A notice is sent by permitted means for the purposes of subsection (3) if it is sent—
(a) by registered post;
(b) by the recorded delivery service; or
(c) by permitted electronic means (see section 35A).
(4) A failure, without reasonable excuse, to give a notice required by this section shall be an offence.
(5) For the purposes of this section and section 35 below a firearm is de-activated if it would, by virtue of section 8 of the 1988 Act be presumed to be rendered incapable of discharging any shot, bullet or other missile.
35 Notification of events taking place outside Great Britain involving firearms etc.
(1) Where, outside Great Britain, any firearm or shot gun is sold or otherwise disposed of by a transferor whose acquisition or purchase of the firearm or shot gun was authorised by a firearm certificate or shot gun certificate, the transferor shall within 14 days of the disposal give notice of it to the chief officer of police who granted his certificate.
(2) A failure to give a notice required by subsection (1) above shall be an offence.
(3) Where, outside Great Britain—
(a) a firearm to which a firearm or shot gun certificate relates is de-activated, destroyed or lost (whether by theft or otherwise); or
(b) any ammunition to which section 1 of the 1968 Act applies, and a firearm certificate relates, is lost (whether by theft or otherwise),
the certificate holder who was last in possession of the firearm or ammunition before that event shall within 14 days of the event give notice of it to the chief officer of police who granted the certificate.
(4) A failure, without reasonable excuse, to give a notice required by subsection (3) above shall be an offence.
(5) A notice required by this section shall—
(a) contain a description of the firearm or ammunition in question (including any identification number); and
(b) state the nature of the event and, in the case of a disposal, the name and address of the other party.
(6) A notice required by this section must be sent within 14 days of the disposal or other event and must be sent—
(a) by registered post,
(b) by the recorded delivery service,
(c) in a case where it is sent from outside the United Kingdom otherwise than by electronic means, in such manner as most closely corresponds to that described in paragraph (a) or (b), or
(d) by permitted electronic means (see section 35A).
(1) A notice is sent by permitted electronic means for the purposes of section 33, 34 or 35 if—
(a) it is sent by an electronic form of communication which the Secretary of State has directed may be used for the purposes of the section concerned,
(b) it is sent to the 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).
An offence under section 32, 33, 34 or 35 above shall—
(a) if committed in relation to a transfer or other event involving a firearm or ammunition to which section 1 of the 1968 Act applies be punishable—
(i) on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(ii) on conviction on indictment with imprisonment for a term not exceeding five years or a fine or both;
(b) if committed in relation to a transfer or other event involving a shot gun be punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
For section 26 of the 1968 Act there shall be substituted the following sections—
Applications for firearm certificates.
26A (1) An application for the grant of a firearm certificate shall be made in the prescribed form to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.
(2) Rules made by the Secretary of State under section 53 of this Act may require any application for a firearm certificate to be accompanied by up to four photographs of the applicant and by the names and addresses of two persons who have agreed to act as referees.
(3) The rules may require that, before considering an application for a firearm certificate, the chief officer of police has the following from each referee nominated by the applicant—
(a) verification in the prescribed manner of—
(i) any prescribed particulars; and
(ii) the likeness to the applicant of the photographs submitted with the application;
(b) a statement in the prescribed form to the effect that he knows of no reason why the applicant should not be permitted to possess a firearm; and
(c) such other statements or information in connection with the application or the applicant as may be prescribed.
Applications for shot gun certificates.
26B (1) An application for the grant of a shot gun certificate shall be made in the prescribed form to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.
(2) Rules made by the Secretary of State under section 53 of this Act may—
(a) require any application for a certificate to be accompanied by up to four photographs of the applicant;
(b) require the verification in the prescribed manner of any prescribed particulars and of the likeness of those photographs to the applicant;
(c) require any application for a certificate to be accompanied by a statement by the person verifying the matters mentioned in paragraph (b) above to the effect that he knows of no reason why the applicant should not be permitted to possess a shot gun.
For subsection (1) of section 27 of the 1968 Act (special provisions about the grant of firearms certificates) there shall be substituted the following subsection—
(1) A firearm certificate shall be granted where the chief officer of police is satisfied—
(a) that the applicant is fit to be entrusted with a firearm to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a firearm;
(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition in respect of which the application is made; and
(c) that in all the circumstances the applicant can be permitted to have the firearm or ammunition in his possession without danger to the public safety or to the peace.