39 Computerised register of firearms and shot guns and their holders
(1) There shall be established a central register of
(a) all persons who have applied for a firearm or shot gun certificate or to whom a firearm or shot gun certificate has been granted or whose certificate has been renewed; and
(b) each firearm to which a firearm certificate or a shot gun certificate relates
(2) The register shall—
(a) record a suitable identifying number for each person to whom a certificate is issued;
(b) be kept by means of a computer which provides access on-line to all police forces;
(c) record for each firearm to which a firearm certificate or a shot gun certificate relates—
(i) the type, make, model, calibre and serial number of the firearm;
(ii) the name and address of the holder of the certificate who acquires or possesses the firearm;
(iii) the name and address of the person from whom the holder of that certificate purchased or acquired the firearm; and
(iv) where the holder of that certificate sells or transfers the firearm, the name and address of the person to whom it is sold or transferred; and
(d) be structured so as to ensure that such records are maintained for not less than twenty years beginning with the date that they are first entered onto the register.
(3) For the purposes of this section a firearm certificate or shot gun certificate does not relate to a firearm solely because it authorises the purchase or acquisition of the firearm by the holder of the certificate, if the holder of the certificate has not purchased or acquired the firearm.
(4) In subsection (2)(c)(iii) and (iv) “name and address” means name and address at the time of the purchase, acquisition, sale or transfer.
For section 30 (revocation of certificates) of the Firearms Act 1968 there shall be substituted the following sections—
Revocation of firearm certificates.
30A (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.
Partial revocation of firearm certificates.
30B (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.
Revocation of shot gun certificates.
30C (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.
Revocation of certificates: supplementary.
30D (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) For section 44 of the 1968 Act (appeals against police decisions) there shall be substituted the following section—
Appeals against police decisions.
44 (1) An appeal against a decision of a chief officer of police under section 28A, 29, 30A, 30B, 30C, 34, 36, 37 or 38 of this Act lies—
(a) in England and Wales, to the Crown Court; and
(b) in Scotland, to the sheriff.
(2) An appeal shall be determined on the merits (and not by way of review).
(3) The court or sheriff hearing an appeal may consider any evidence or other matter, whether or not it was available when the decision of the chief officer was taken.
(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.
(2) In Schedule 5 to the 1968 Act (provisions as to appeals), after Part II there shall be inserted—
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.
42 Authorised dealing with firearms by registered firearms dealers.
(1) In section 8 of the 1968 Act (authorised dealing with firearms), after subsection (1) there shall be inserted the following subsection—
(1A) Subsection (1) above applies to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of the business of a firearms dealer notwithstanding that the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his servant at a place which is not a place of business of the dealer or which he has not registered as a place of business under section 33 or 37 of this Act.
(2) In section 33(3) of the 1968 Act (applications for registration as firearms dealer)—
(a) for the words from the beginning to “applicant” there shall be substituted the words “ An applicant for registration as a firearms dealer ”;
(b) after the word “shall”, in the second place it appears, there shall be inserted the words “ (if he registers the applicant as a firearms dealer) ”.
(1) For section 46 of the 1968 Act (power of search with warrant), there shall be substituted the following section—
Power of search with warrant.
46 (1) If a justice of the peace or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting—
(a) that an offence relevant for the purposes of this section has been, is being, or is about to be committed; or
(b) that, in connection with a firearm or ammunition, there is a danger to the public safety or to the peace,
he may grant a warrant for any of the purposes mentioned in subsection (2) below.
(2) A warrant under this section may authorise a constable or civilian officer—
(a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found there;
(b) to seize and detain anything which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting—
(i) that an offence relevant for the purposes of this section has been, is being or is about to be committed; or
(ii) that in connection with a firearm, imitation firearm or ammunition there is a danger to the public safety or to the peace.
(3) The power of a constable or civilian officer under subsection (2)(b) above to seize and detain anything found on any premises or place shall include power to require any information which is kept by means of a computer and is accessible from the premises or place to be produced in a form in which it is visible and legible 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.
(2) In section 57(4) of the 1968 Act (interpretation) after the definition of “certificate” there shall be inserted the following definition—
“civilian officer” means—
a person employed by a police authority or the Corporation of the City of London who is under the direction and control of a chief officer of police; or
a person employed under the Commissioner of Police for the Metropolis or the Receiver of the Metropolitan Police District who is not a constable and whose salary is paid out of the Metropolitan Police Fund.
(3) In Part I of Schedule 6 to the 1968 Act (prosecution and punishment of offences), after the entry for section 42A there shall be inserted the following entry—
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.
44 Firearm certificates for certain firearms used for target shooting: special conditions.
(1) If a chief officer of police is satisfied, on an application for the grant or renewal of a firearm certificate in relation to any rifle or muzzle-loading pistol which is not a prohibited weapon, that the applicant’s only reason for having it in his possession is to use it for target shooting, any certificate which may be granted to the applicant or, as the case may be, renewed shall be held subject to the following conditions (in addition to any other conditions), namely—
(a) the rifle or pistol is only to be used for target shooting; and
(b) the holder must be a member of an approved rifle club or, as the case may be, muzzle-loading pistol club specified in the certificate.
(2) In this section, “muzzle loading pistol” means a pistol designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile).
45 Approved rifle clubs and muzzle-loading pistol clubs.
(1) For section 15 of the 1988 Act (rifle and pistol clubs) there shall be substituted the following section—
Approved rifle clubs and muzzle-loading pistol clubs.
15 (1) Subject to subsection (4) below, a member of a rifle club approved by the Secretary of State may, without holding a firearm certificate, have in his possession a rifle and ammunition when engaged as a member of the club in connection with target shooting.
(2) Any rifle club may apply for approval, whether or not it is intended that any club members will, by virtue of subsection (1) above, have rifles or ammunition in their possession without holding firearm certificates.
(3) The Secretary of State may publish such guidance as he considers appropriate for the purpose of informing those seeking approval for a club of criteria that must be met before any application for such approval will be considered.
(4) The application of subsection (1) above to members of an approved rifle club may—
(a) be excluded in relation to the club, or
(b) be restricted to target shooting with specified types of rifle,
by limitations contained in the approval.
(5) An approval—
(a) may be granted subject to such conditions specified in it as the Secretary of State thinks fit;
(b) may at any time be varied or withdrawn by the Secretary of State; and
(c) shall (unless withdrawn) continue in force for six years from the date on which it is granted or last renewed.
(6) There shall be payable on the grant or renewal of an approval a fee of £84 but this subsection shall be included in the provisions which may be amended by an order under section 43 of the principal Act.
(7) A constable or civilian officer authorised in writing in that behalf may, on producing if required his authority, enter any premises occupied or used by an approved rifle club and inspect those premises, and anything on them, for the purpose of ascertaining whether the provisions of this section, and any limitations or conditions in the approval, are being complied with.
(8) The power of a constable or civilian officer under subsection (7) above to inspect anything on club premises shall include power to require any information which is kept by means of a computer and is accessible from the premises to be made available for inspection in a visible and legible form.
(9) It is an offence for a person intentionally to obstruct a constable or civilian officer in the exercise of his powers under subsection (7) above; and that offence shall be punishable on summary conviction with a fine not exceeding level 3 on the standard scale.
(10) In this section and section 15A below—
“approval”, means an approval under this section; and “approved” shall be construed accordingly;
“civilian officer” has the same meaning as in the principal Act; and
“rifle club” includes a miniature rifle club.
(11) This section applies in relation to a muzzle-loading pistol club and its members as it applies to a rifle club and its members with the substitution for any reference to a rifle of a reference to a muzzle-loading pistol.
(12) In subsection (11) above—
“muzzle-loading pistol club” means a club where muzzle-loading pistols are used for target shooting; and
“muzzle-loading pistol” means a pistol designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile).
.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any approval of a rifle or miniature rifle club or muzzle-loading pistol club under section 15 of the 1988 Act which is in force immediately before the commencement of this section shall have effect as if it were an approval under section 15 of the 1988 Act as substituted by subsection (1) above.
47 Museums eligible for a museums firearm licence.
In the Schedule to the 1988 Act (firearms and ammunition in museums to which the Schedule applies)—
(a) the existing provisions of paragraph 5 shall be numbered as sub-paragraph (1) of that paragraph;
(b) after that sub-paragraph there shall be inserted the following sub-paragraphs—
(2) This Schedule also applies to any museum or similar institution in Great Britain which is of a description specified in an order made for the purposes of this sub-paragraph by the Secretary of State and whose collection includes or is to include firearms.
(3) An order under sub-paragraph (2) above may specify any description of museum or similar institution which appears to the Secretary of State to have as its purpose, or one of its purposes, the preservation for the public benefit of a collection of historical, artistic or scientific interest.
(4) The power to make an order under sub-paragraph (2) above shall be exercisable by statutory instrument.
.
Any reference to an air rifle, air pistol or air gun—
(a) in the Firearms Acts 1968 to 1997; or
(b) in the Firearms (Dangerous Air Weapons) Rules 1969 or the Firearms (Dangerous Air Weapons) (Scotland) Rules 1969,
shall include a reference to a rifle, pistol or gun powered by compressed carbon dioxide.
(1) Any expenses incurred by the Secretary of State which are attributable to the provisions of this Act, and any sums required by him for making payments under this Act, shall be paid out of money provided by Parliament.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Act—
. . .
“small-calibre pistol” means—
a pistol chambered for .22 or smaller rim-fire cartridges; or
an air pistol to which section 1 of the 1968 Act applies and which is designed to fire .22 or smaller diameter ammunition;
“the 1968 Act” means the Firearms Act 1968;
“the 1988 Act” means the Firearms (Amendment) Act 1988.
(2) Any expression used in this Act which is also used in the 1968 Act or the 1988 Act has the same meaning as in that Act.
(3) Any reference in the 1968 Act to a person who is by virtue of that Act entitled to possess, purchase or acquire any weapon or ammunition without holding a certificate shall include a reference to a person who is so entitled by virtue of any provision of this Act.
(4) Sections 46, 51(4) and 52 of the 1968 Act (powers of search, time-limit for prosecutions and forfeiture and cancellation orders on conviction) shall apply also to offences under this Act.
(5) Sections 53 to 56 and section 58 of the 1968 Act (rules, Crown application, service of notices and savings) shall have effect as if this Act were contained in that Act.
(6) The provisions of this Act shall be treated as contained in the 1968 Act for the purposes of the Firearms Act 1982 (imitation firearms readily convertible into firearms to which section 1 of the 1968 Act applies).
51 Power to make transitional, consequential etc. provisions.
(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, in connection with, or in consequence of—
(a) the coming into force of any provision of this Act; or
(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
(2) Regulations under this section may make modifications of any enactment contained in this or in any other Act.
(3) The power to make regulations under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
52 Minor and consequential amendments and repeals.
(1) Schedule 2 (minor and consequential amendments) shall have effect.
(2) The enactments mentioned in Schedule 3 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule.
Section 52.
Firearms Act 1968 (c.27)
1 The Firearms Act 1968 shall be amended as follows.
2 (1) In section 3(5) (false statements with a view to purchasing or acquiring firearm etc.), for the words “makes any false statement” there shall be substituted the words “ knowingly or recklessly makes a statement false in any material particular ”.
(2) In section 7(2), 9(3), 13(2) and 29(3) (all of which concern false statements), for the words “to make any statement which he knows to be false” there shall be substituted the words “ knowingly or recklessly to make a statement false in any material particular ”.
(3) In section 39(1) (offences in connection with registration of dealers), for the words “makes any statement which he knows to be false” there shall be substituted the words “ knowingly or recklessly makes a statement false in any material particular ”.
3 In section 11(3), 23(2) and 54(5) (all of which refer to use of firearms or ammunition for target practice), for the words “target practice”, in each place where they occur, there shall be substituted the words “ target shooting ”.
4 (1) After section 28 there shall be inserted the following section—
Certificates: supplementary.
28A (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.
(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.
(2) In Part I of Schedule 6 (prosecution and punishment of offences), in the entry relating to section 26(5) (making of false statement in order to procure grant or renewal of certificate) for the words “Section 26(5)” there shall be substituted the words “ Section 28A(7) ”.
5 In section 32 (exemption from fee for certificate in certain cases) for subsection (2) there shall be substituted the following subsections—
(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) No fee shall be payable on the grant to a person acting in his capacity as the responsible officer of a licensed pistol club of a firearm certificate in respect of small-calibre pistols or ammunition to be used solely for target shooting by members of the club, or on the variation or renewal of a certificate so granted.
.
6 In section 32A(4)(b) and 32C(7), for the words “section 4(2) of the Firearms (Amendment) Act 1988 (formalities on transfer of shot guns)” there shall be substituted the words “ section 32(2)(b) of the Firearms (Amendment) Act 1997 (requirements relating to transfers of firearms) ”.
7 In section 38(8) (surrender of register of transactions by dealer) after the words “this Act” there shall be inserted “ (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) ”.
8 In section 40 (compulsory register of transactions)—
(a) in subsection (4)—
(i) after the word “constable” (in both places it appears) there shall be inserted the words “ or a civilian officer ”;
(ii) after the words “the register” there shall be inserted the words “ (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
(b) after that subsection there shall be inserted the following subsection—
(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.
.
10 In section 54(1) (application of Parts I and II to the Crown) for the words “26 to 32” there shall be substituted the words “ 26A to 32 ”.
11 In section 54(2)(b), for the words “section 26” there shall be substituted the words “ section 26A ”.
12 In Schedule 5 (provisions as to appeals under section 44), in column 1 of Part I, in paragraph 1, for the words “26(4), 29(2) or 30(3)” there shall be substituted the words “ 28A(6), 29(2), 30A(6), 30B(3) or 30C(2) ”.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 In Part I of Schedule 6 (prosecution and punishment of offences), in the entry relating to section 30(4) (failure to surrender certificate on revocation) for the words “Section 30(4)” there shall be substituted the words “ Section 30D(3) ”.
Firearms (Amendment) Act 1988 (c.45)
15 The Firearms (Amendment) Act 1988 shall be amended as follows.
16 In section 7(1) (conversion not to affect classification), for paragraph (a) there shall be substituted the following paragraph—
(a) has at any time (whether before or after the passing of the Firearms (Amendment) Act 1997) been a weapon of a kind described in section 5(1) or (1A) of the principal Act (including any amendments to section 5(1) made under section 1(4) of this Act);
.
17 In section 11(1) (co-terminous certificates) for the words “subsection (3), or in an order made under subsection (3A) of section 26” there shall be substituted the words “ subsection (1), or in an order made under subsection (3) of section 28A ”.
18 In section 12 (revocation of certificates) in subsection (1), for the words “under section 30(1)(a) or (2)”, there shall be substituted the words “ under section 30A(2), (3) or (4) or 30C ”.
19 In section 17(10) and paragraph 4(1) of the Schedule, for the words “to make any statement which he knows to be false” there shall be substituted the words “ knowingly or recklessly to make a statement false in any material particular ”.
20 In section 22(1)(c) (firearms consultative committee), for the words “the principal Act, the Firearms Act 1982 and this Act” there shall be substituted the words “ the Firearms Acts 1968 to 1997 ”.
Section 52.
Chapter | Short title | Extent of repeal
1968 c. 27. | Firearms Act 1968. | In section 5(1)(ac) the words “(excluding any detachable, folding, retractable or other moveable butt-stock)”.
In section 5A, in subsection (4) the words “which is designed to be used with a pistol” and in subsection (8) the words “is designed to be used with a pistol and”.
In section 23(2)(a), the words “in, or”.
Section 28(3).
Section 42.
In section 54(5)(b), the words “in, or”.
In Schedule 6, the entry relating to section 42.
1988 c. 45. | Firearms (Amendment) Act 1988. | Section 4.
In section 9, the words from the beginning to “and”.
Section 10.
In section 12(5), the words from the beginning to “subsection (1) above”.
1992. c. 31. | Firearms (Amendment) Act 1992. | Section 1.