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:—
Prohibition of weapons and ammunition and control of small-calibre pistols
General prohibition of small firearms etc.
Section 5 of the Firearms Act 1968 (referred to in this Act as “the 1968 Act”) shall have effect with the following amendments.
In subsection (1) (which describes weapons which are prohibited by section 5), after paragraph (ab) there shall be inserted the following paragraph—.
In paragraph (ab) (self-loading or pump-action rifles) of that subsection, for the word “rifle” there shall be substituted the words “ rifled gun ”.
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 ”.
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 ”.
After subsection (7) there shall be inserted the following subsections—
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Special exemptions from prohibition of small firearms
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 slaughtering instrument if he is authorised by a firearm certificate to have the instrument in his possession, or to purchase or acquire it;
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.
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.
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—
for a person to have a firearm in his possession at an athletic meeting for the purpose of starting races at that meeting; or
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.
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—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.
was manufactured before 1st January 1919; and
is of a description specified under subsection (2) below,
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—
firearms of that description were manufactured before 1st January 1919; and
ammunition for firearms of that type is not readily available.
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—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).
is of particular rarity, aesthetic quality or technical interest, or
is of historical importance,
This section has effect without prejudice to section 58(2) of the 1968 Act (antique firearms).
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.
Prohibited ammunition: expanding ammunition and missiles for expanding ammunition
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Section 5A of the 1968 Act (exemptions from requirement of authority under section 5) shall be amended as follows.
In subsection (4) (shooting of animals)—
after the word “acquire”, in the first place it appears, there shall be inserted the words “ , or to sell or transfer, ”; and
for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
For subsection (7) (firearms dealers) there shall be substituted the following subsection—.
Provisions relating to the control of small-calibre pistols
Surrender of firearms, etc. and compensation
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.
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.
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
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,
A scheme under subsection (1) above may—
restrict eligibility for receipt of payments to claims made in respect of firearms or ammunition surrendered within a period specified in the scheme;
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;
make different provision for different descriptions of firearm or ammunition or for different descriptions of claimant.
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—
for the reference in paragraph (a) of subsection (2) above to 16th October 1996 of a reference to 14th May 1997; and
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.
For the purposes of subsection (1) above “ancillary equipment” means equipment, other than prohibited ammunition, which—
is designed or adapted for use in connection with firearms prohibited by virtue of section 1(2) above; and
has no practicable use in connection with any firearm which is not a prohibited weapon.
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—
which they had in their possession on 16th October 1996; or
which they had in their possession after that date, having purchased it by virtue of a contract entered into before that date.
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.
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—
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
the disposal of that equipment by way of sale within a period so specified; or
either such surrender or such disposal of the equipment within a period so specified.
A scheme under subsection (1) above may—
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;
make different provision for different descriptions of equipment or for different descriptions of claimant.
This section applies in relation to equipment designed or adapted for use in connection with small-calibre pistols with the substitution—
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
for the reference in subsection (3)(a) above to 16th October 1996 of a reference to 14th May 1997.
Before making a compensation scheme the Secretary of State shall lay a draft of it before Parliament.
The Secretary of State shall not make the scheme unless the draft has been approved by resolution of each House.
Subsections (1) and (2) above apply to an alteration to a compensation scheme as they apply to a compensation scheme.
Licensed Pistol Clubs
Preliminary
Grant, variation, and revocation of licences
Pistol registers
Supplementary
Regulation of firearms and ammunition
Transfers and other events relating to firearms and ammunition
This section applies where, in Great Britain—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.
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
a shot gun is sold, let on hire or given, or lent for a period of more than 72 hours by any person,
Where a transfer to which this section applies takes place—
the transferee must produce to the transferor the certificate or permit entitling him to purchase or acquire the firearm or ammunition being transferred;
the transferor must comply with any instructions contained in the certificate or permit produced by the transferee;
the transferor must hand the firearm or ammunition to the transferee, and the transferee must receive it, in person.
A failure by the transferor or transferee to comply with subsection (2) above shall be an offence.
This section applies where in Great Britain—
any firearm to which section 1 of the 1968 Act applies is sold, let on hire, lent or given;
any shot gun is sold, let on hire or given, or lent for a period of more than 72 hours.
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.
A notice required by subsection (2) above shall—and any such notice shall be sent by permitted means.
contain a description of the firearm in question (giving its identification number if any); and
state the nature of the transaction and the name and address of the other party;
A notice is sent by permitted means for the purposes of subsection (3) if it is sent—
by registered post;
by the recorded delivery service; or
by permitted electronic means (see section 35A).
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.
Where, in Great Britain—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.
a firearm to which a firearm or shot gun certificate relates; or
a firearm to which a visitor’s firearm or shot gun permit relates,
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.
A notice required by this section shall—and any such notice shall be sent by permitted means.
describe the firearm or ammunition in question (giving the identification number of the firearm if any);
state the nature of the event;
A notice is sent by permitted means for the purposes of subsection (3) if it is sent—
by registered post;
by the recorded delivery service; or
by permitted electronic means (see section 35A).
A failure, without reasonable excuse, to give a notice required by this section shall be an offence.
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.
A failure to give a notice required by subsection (1) above shall be an offence.
Where, outside Great Britain—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.
a firearm to which a firearm or shot gun certificate relates is de-activated, destroyed or lost (whether by theft or otherwise); or
any ammunition to which section 1 of the 1968 Act applies, and a firearm certificate relates, is lost (whether by theft or otherwise),
A failure, without reasonable excuse, to give a notice required by subsection (3) above shall be an offence.
A notice required by this section shall—
contain a description of the firearm or ammunition in question (including any identification number); and
state the nature of the event and, in the case of a disposal, the name and address of the other party.
A notice required by this section must be sent within 14 days of the disposal or other event and must be sent—
by registered post,
by the recorded delivery service,
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
by permitted electronic means (see section 35A).
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,
it is sent to the electronic address which has been published pursuant to subsection (4), and
subject to subsection (6), the electronic address has not been withdrawn in accordance with subsection (5).
Before giving a direction under subsection (1)(a), the Secretary of State must consult—
the Scottish Ministers,
the National Police Chiefs’ Council,
the chief constable of the Police Service of Scotland, and
such other persons as the Secretary of State is satisfied should be consulted.
The Secretary of State must publish directions given under subsection (1)(a).
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).
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.
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).
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—
on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
on conviction on indictment with imprisonment for a term not exceeding five years or a fine or both;
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.
Firearm and shot gun certificates
For section 26 of the 1968 Act there shall be substituted the following sections—
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—
There shall be established a central register of
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
each firearm to which a firearm certificate or a shot gun certificate relates
The register shall—
record a suitable identifying number for each person to whom a certificate is issued;
be kept by means of a computer which provides access on-line to all police forces;
record for each firearm to which a firearm certificate or a shot gun certificate relates—
the type, make, model, calibre and serial number of the firearm;
the name and address of the holder of the certificate who acquires or possesses the firearm;
the name and address of the person from whom the holder of that certificate purchased or acquired the firearm; and
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
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.
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.
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—
For section 44 of the 1968 Act (appeals against police decisions) there shall be substituted the following section—
In Schedule 5 to the 1968 Act (provisions as to appeals), after Part II there shall be inserted—
Registered firearms dealers
In section 8 of the 1968 Act (authorised dealing with firearms), after subsection (1) there shall be inserted the following subsection—
In section 33(3) of the 1968 Act (applications for registration as firearms dealer)—
for the words from the beginning to “applicant” there shall be substituted the words “ An applicant for registration as a firearms dealer ”;
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) ”.
Miscellaneous
For section 46 of the 1968 Act (power of search with warrant), there shall be substituted the following section—
In section 57(4) of the 1968 Act (interpretation) after the definition of “certificate” there shall be inserted the following definition—
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—
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—
the rifle or pistol is only to be used for target shooting; and
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.
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).
For section 15 of the 1988 Act (rifle and pistol clubs) there shall be substituted the following section—.
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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.
In the Schedule to the 1988 Act (firearms and ammunition in museums to which the Schedule applies)—
the existing provisions of paragraph 5 shall be numbered as sub-paragraph (1) of that paragraph;
after that sub-paragraph there shall be inserted the following sub-paragraphs—.
Any reference to an air rifle, air pistol or air gun—shall include a reference to a rifle, pistol or gun powered by compressed carbon dioxide.
in the Firearms Acts 1968 to 1997; or
in the Firearms (Dangerous Air Weapons) Rules 1969 or the Firearms (Dangerous Air Weapons) (Scotland) Rules 1969,
Final provisions
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.
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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.
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.
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.
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.
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).
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—
the coming into force of any provision of this Act; or
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.
Regulations under this section may make modifications of any enactment contained in this or in any other Act.
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.
Schedule 2 (minor and consequential amendments) shall have effect.
The enactments mentioned in Schedule 3 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Firearms (Amendment) Act 1997.
This Act and the Firearms Acts 1968 to 1992 may be cited together as the Firearms Acts 1968 to 1997.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes and different areas.
An order under subsection (3) above may contain such transitional provision and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provisions brought into force.
This Act does not extend to Northern Ireland.
Consequential and minor amendments
Firearms Act 1968 (c.27)
The Firearms Act 1968 shall be amended as follows.
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 ”.
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 ”.
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 ”.
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 ”.
After section 28 there shall be inserted the following section—
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) ”.
In section 32 (exemption from fee for certificate in certain cases) for subsection (2) there shall be substituted the following subsections—.
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) ”.
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) ”.
In section 40 (compulsory register of transactions)—
in subsection (4)—
after the word “constable” (in both places it appears) there shall be inserted the words “ or a civilian officer ”;
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
after that subsection there shall be inserted the following subsection—.
In section 50 (special powers of arrest) for subsection (2) there shall be substituted the following—.
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 ”.
In section 54(2)(b), for the words “section 26” there shall be substituted the words “ section 26A ”.
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) ”.
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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)
The Firearms (Amendment) Act 1988 shall be amended as follows.
In section 7(1) (conversion not to affect classification), for paragraph (a) there shall be substituted the following paragraph—.
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 ”.
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 ”.
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 ”.
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 ”.
Repeals