ho firearms guidance 2835

Firearms Law

:G

uidance to the Police 2002

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Firearms LawGuidance to the Police

2002

FIREARMS LAW

GUIDANCE TO THE POLICE

London: The Stationery Office

© Crown copyright 2002

Published with the permission of the Home Office on behalf ofthe Controller of Her Majesty’s Stationery Office

011 341273 8

Applications for reproduction should be made in writing to: TheCopyright Unit, Her Majesty’s Stationery Office, St. ClementsHouse, 2-16 Colegate, Norwich NR3 1BQ

Chapter 1Introduction 1

Chapter 2Definition and classification of firearmsand ammunition 3

Chapter 3Prohibited weapons and ammunition 9

Chapter 4Expanding ammunition 15

Chapter 5Restrictions on the possession, handling anddistribution of firearms and ammunition 17

Chapter 6Exemptions from the requirement tohold a certificate 22

Chapter 7Young persons 31

Chapter 8Antique firearms 34

Chapter 9Historic handguns 36

Chapter 10Firearm certificate procedure 44

Chapter 11Shot gun certificate procedure 55

Chapter 12Fitness to be entrusted with a firearm 61

Chapter 13Good reason to possess a firearm 65

Chapter 14Law on shooting birds and animals 78

Chapter 15Permits 84

Chapter 16Procedure for registration of firearms dealers 86

Chapter 17Museum firearms licences 94

Chapter 18Rifle and muzzle-loading pistol clubsand cadet corps 98

Chapter 19Security of firearms and ammunition 105

Chapter 20Fees 112

Chapter 21Notices and appeals 114

Chapter 22Criminal use of firearms 116

Chapter 23Law enforcement 119

Chapter 24Proof of firearms 122

Chapter 25Surrender and disposal of firearmsand ammunition 124

Chapter 26Northern Ireland 126

Chapter 27Visitors’ permit procedures 128

Chapter 28Import and export of firearms 133

Chapter 29EC directive on control of the acquistionand possession of weapons 138

CONTENTS

Appendix 1Contact details 145

Appendix 2List of firearms forms 162

Appendix 3Conditions for firearm certificates 163

Appendix 4Young persons and firearms law 166

Appendix 5Antique firearms – obsolete calibres 167

Appendix 6Conditions for registration of firearms dealers 172

Appendix 7Guidance on secure keeping of firearms 173

Appendix 8Taking of firearms (including air weapons)to Northern Ireland by visitors fromGreat Britain 176 Changes to text since publication 211

Appendix 9Applications to remove firearms/ammunitionfrom Great Britain to Northern Ireland(including registered firearms dealers) 177

Appendix 10Conditions for authorisation toremove firearms and ammunition fromGreat Britain to Northern Ireland 179

Appendix 11Conditions for visitor’s firearm or shotgun permit 180

Appendix 12European Union (EU) member states 181

Appendix 13Categories of weapons under 1991 ECdirective on control of the acquisitionand possession of weapons 182

Guide to contents 184

1.1 Just over ten years have passed sincethe last edition of “Firearms Law: Guidanceto the Police”. Those years have seen majorchanges to the legislation governing thepossession and transfer of firearms. Therehave been no less than four Acts ofParliament, four Orders, one set ofRegulations and one set of Rules inthis intervening period.

1.2 The aim of this revision is to provideconsolidated guidance to the police onfirearms legislation, taking into account allthe recent legislative and policy changes.It must be stressed that this is not adefinitive statement of the law but acohesive explanation of the often complexarea of firearms licensing.

1.3 The guidance is in a similar format tothe earlier edition. This existing formatoffers a straightforward guide through thedifferent subject areas and has the benefitof familiarity to those likely to use thisguidance. There are new chapters dealingwith antique firearms, historic firearms, aperson’s fitness to be entrusted with afirearm, “good reason” to possess a firearm,law on the shooting of birds and animalsand the 1991 EC Directive on the acquisitionand possession of firearms.

1.4 The guidance is intended to assistconsistency of practice between police forcesand encourage an informed understandingamong firearms users of the considerationsinvolved in the application of the FirearmsActs. In operating the licensing system thatunderpins these laws, chief officers of policeshould also aim to provide cost-effectivesystems that ensure the speedy and efficientprocessing of applications, mindful of goodpractice and best value in their service

provision. However, the wider interestsof public safety remain paramount.

1.5 Firearms legislation and the subject offirearms generally is complex and highlyspecialised. It is not practicable to providecomprehensive training for every policeofficer on the administration of the FirearmsActs. It is therefore essential that thisGuidance is available to all police officers andcivilians directly involved in the licensingprocesses. Where difficulties arise, adviceshould be sought from the firearmsdepartment at the appropriate police force.

1.6 The Secretary of State and the ScottishMinisters attach great importance to theconsistent administration of the Acts, asdoes the Association of Chief Officers ofPolice. All forces should seek to complywith the advice and guidance and followthe procedures set out in this document.However, chief officers of police are theultimate authority responsible for theadministration of the legislation in their forcearea, and it may be necessary to depart fromthe guidance when each case is assessed onits merits and the circumstances justify sucha course of action. In such circumstances,chief officers for the force concerned willneed to be able to justify their decision.

1.7 Police records of certificate holders andtheir firearms should be relevant, accurateand up to date whether held in computeror other format. The Firearms Rules 1998prescribe the form of firearm and shot gunapplications, certificates, permits and otherforms. A list of Firearms Forms is atAppendix 2. If non-statutory forms areused, they should be clearly marked toindicate their status.

Chapter 1INTRODUCTION

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1.8 This guidance deals in detail withEngland, Wales and Scotland (legislationon firearms is reserved to the WestminsterParliament). Firearms law is different inNorthern Ireland and Chapter 26 providesfurther information. However, this focusesmore on arrangements for the transfer offirearms and ammunition between themainland and Northern Ireland. Firearmslaw also differs in the Isle of Man andthe Channel Islands. The contacts listedin Appendix 1 should be consulted forfurther information.

1.9 Chief officers of police will also need tobe mindful of the Human Rights Act 1998.The guidance contained in this document,and the underlying legislation, has beensubject to an internal Home Office audit andwe believe it to be consistent with the termsof the Human Rights Act. This documentwill also be subject to a process of continuingreview and will be updated as and whennecessary. However, chief officers will wantto satisfy themselves that internal firearmslicensing procedures are also compatible.

1.10 The following should be noted:

• References to the “1968 Act” meanthe Firearms Act 1968;

• The “1982 Act” means the FirearmsAct 1982;

• The “1988 Act” means the Firearms(Amendment) Act 1988;

• The “1992 Regulations” means theFirearms Acts (Amendment) Regulations1992;



• The “1997 Act” means the Firearms(Amendment) Act 1997 (and, whererelevant, the Firearms (Amendment)(No.2) Act 1997);

• The “1998 Rules” means the FirearmsRules 1998;

• The “EC Directive” means the 1991 ECDirective (91/477/EEC) on control of theacquisition and possession of weapons.

Home OfficeAction Against Crime and Disorder UnitFirearms and Explosives Section

March 2002

2 Back to Contents

Chapter 1INTRODUCTION

2.1 This Chapter provides definitions offirearms, shot guns, deactivated firearms,readily convertible replica firearms and someinformation on antiques (which are coveredmore fully in Chapter 8) and firearmsconversion. It goes on to define various typesof firearms and ammunition for which nocertificate is required, including certain typesof air weapons.

2.2 The definitions of “firearm”, “shot gun”and “ammunition” for the purposes of the1968 Act (as amended) are given in section57 of the Act and are set out below. Thedefinition of “firearm” extends to certainimitation firearms (see paragraph 2.17 below).

2.3 “Firearm” means a lethal barrelledweapon of any description from whichany shot, bullet or other missile can bedischarged, and includes any prohibitedweapon, whether it is such a lethal weaponor not, any component part (see paragraphs13.69 and 13.70) of such a lethal orprohibited weapon, and any accessory toany such weapon designed or adapted todiminish the noise or flash caused byfiring the weapon. Lethality is a complexissue and although case law exists (Moore vGooderham (1960)), only a court can decidewhether any particular weapon is capableof causing a (potentially) lethal injury andtherefore is a “firearm” for the purposes ofthe Acts. The Forensic Science Service willbe able to advise in any case where “lethality”is likely to be an issue. Firearms law alsocovers some other weapons, including stunguns and CS sprays, which are prohibiteditems under the terms of section 5 of the1968 Act (see Chapter 3 for furtherinformation).

2.4 “Shot gun” means a smooth-bore gun(not being an air gun) which:

a) has a barrel not less than 24 inches inlength and does not have any barrel witha bore exceeding 2 inches in diameter.In law, the length of the barrel is measuredfrom the muzzle to the point of ignition(breech face). For a muzzle-loading gun,the point of ignition may be taken as thetouch-hole or nipple that is nearest tothe breach;

b) either has no magazine or has a non-detachable magazine incapable of holdingmore than two cartridges. (A gun that hasbeen adapted to have such a magazine onlymeets this criterion if the magazine bearsan approved mark and the adaptation hasbeen certified in writing either by one ofthe two Proof Houses or by such otherperson as the Secretary of State hasdesignated, as having been carried out in amanner approved by the Secretary of State– see paragraphs 2.10 and 2.11 below); and

c) is not a revolver gun (that is, a guncontaining a series of chambers whichrevolve when the gun is fired).

2.5 When considering the classification ofsmooth-bore guns, special attention mustbe paid to the length of the barrel and theoverall length. With the exception of thosechambered for .22 rimfire cartridges, the 1988Act raised to the prohibited category (seeChapter 3) all self-loading and pump-actionmodels which are either short-barrelled(under 24 inches) or short in overall length(under 40 inches). For the purpose ofcalculating overall length any detachable,retractable or other movable butt-stockshould be disregarded. References to “shotguns” in the 1968 Act may be taken generallyto mean section 2 shot guns, rather thanthose subject to sections 1 and 5 of the 1968Act, unless otherwise stated.

Chapter 2DEFINITION AND CLASSIFICATION OF FIREARMSAND AMMUNITION

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2.6 While overall length is not a relevantfactor in regard to the classification oftraditional single and double-barrelledsmooth-bore guns and repeating shot gunswith a bolt or lever-action, any such gunswith barrels under 24 inches in length aresubject to control under section 1 of the1968 Act. Also controlled under section 1is any repeating shot gun, not otherwiseprohibited by virtue of its barrel length oroverall length, with a magazine capacity inexcess of two cartridges.

2.7 The 1988 Act also raised to theprohibited category any smooth-bore revolvergun other than one that is chambered for9mm rimfire cartridges or is a muzzle-loadingrevolver gun. The first exemption isunderstood to cover “ratting” or “garden”guns. Since the 1988 Act does not permit anyrevolver gun to be regarded as a “shot gun”,smooth-bore revolver guns which arechambered for 9mm rimfire or muzzle-loading guns are “firearms” and subject tocontrol under section 1 of the 1968 Act.

2.8 For the purposes only of sections 3(1)and 45(2) of the 1968 Act, and in thedefinition of “firearms dealer” in section57(4), the term “shot gun” also includesany component part of a shot gun and anyaccessory to a shot gun designed or adaptedto diminish the noise or flash caused byfiring the gun. For the purposes of all othersections/Acts, a component part of a shotgun is not a shot gun. See section 57(1)of the 1968 Act.

2.9 “Ammunition” means ammunition forany firearm and includes grenades, bombsand other like missiles whether capable ofuse with a firearm or not, and also includesprohibited ammunition. It will be notedthat the definition of ammunition doesnot include ingredients and componentsof ammunition; it is only assembledammunition that is controlled under theAct, not component parts. Empty cartridgecases, for example, are not “ammunition”.The only exception to this is the missiles forammunition prohibited under section 5 of the1968 Act, for example expanding or armour-piercing bullets. Such missiles are themselvesregarded as “ammunition” and are subject tocontrol accordingly.

Proof House certification of adaptedshot guns

2.10 Section 2(3) of the 1988 Act requiresthat any smooth-bore gun adapted to have anon-detachable magazine incapable of holdingmore than two cartridges must bear a ProofHouse mark and have been certified to thateffect. This requirement applies not only tothose smooth-bore guns already in circulationwhich have been adapted, but also to thosesmooth-bore guns which are adapted by themaker subsequent to manufacture but priorto distribution or sale. In both cases suchguns are regarded as having been “adapted”within the meaning of section 2(3) of the1988 Act.

2.11 The marking and certificationrequirement does not however apply inthe case of smooth-bore guns which aremanufactured with a non-detachablemagazine incapable of holding more thantwo cartridges. Such guns are not regardedas having been “adapted” within the meaningof section 2(3) since the capacity of themagazine will be secured during the processof manufacture. Although the guns neednot comply with the Secretary of State’sspecifications, the magazine must meet therequirement in section 1(3)(a)(ii) of the 1968Act, that is the magazine must be incapableof holding more than two cartridges.Although interpretation of the law isultimately a matter for the courts, it isthought unlikely, for example, that theinsertion of a plastic or wooden plug into alarge capacity fixed magazine would, of itself,be regarded as rendering that gun as havinga magazine incapable of holding more thantwo cartridges. We take the view that therestriction would need to be of an equivalentstandard to the methods set out in the HomeOffice approved specifications in order tomeet the requirements of section 1(3)(a)(ii).

De-activated firearms

2.12 Section 8 of the 1988 Act provides that,unless it can be shown otherwise, a firearmwhich has been de-activated to a standardapproved by the Secretary of State so that itis incapable of discharging any shot, bullet orother missile, is presumed not to be a firearm

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Chapter 2DEFINITION AND CLASSIFICATION OF FIREARMS AND AMMUNITION

within the meaning of the 1968 Act andtherefore is not subject to control if it bearsa mark approved by the Secretary of State fordenoting that fact. The 1988 Act requires thatone of the two Proof Houses or some otherperson approved by the Secretary of State hasmarked the firearm and certified in writing(that is, provided a certificate) that it hasbeen de-activated to the approved standard.No other person has been approved forthis purpose.

2.13 De-activation specifications were firstset by the Home Office in 1989. Newspecifications came into force on 1 October1995 but are not retrospective. Therefore, agun de-activated prior to 1 October 1995 tothe old specifications remains de-activated forlegal purposes.

2.14 The 1995 specifications encompassed asubstantially greater range of firearms design,and are generally more stringent than thepreceding (1989) standards.

2.15 The revised specifications enablealternative standards to be agreed on a case-by-case basis for the class of weapons listedin the Home Office publication “FirearmsLaw – Specifications for the Adaptation ofShot Gun Magazines and the De-activation ofFirearms”. Any alternative standards will beequally stringent but will allow the weaponsto retain some of the essential featuresrequired by collectors. The new specificationsallow for agreement on alternative standardsto be an on-going process.

2.16 Section 8 of the 1988 Act is anevidential provision and does not precludethe possibility that a firearm which hasbeen de-activated in some other mannermay also have ceased to be a firearm withinthe meaning of the 1968 Act. For example,guns held by museums that were recoveredfrom wrecked ships and aircraft may becorroded to the point that they cannot befired. This should not be confused withwear or missing parts that can be replaced.The final arbiter of whether the article fulfilsthe definition of a firearm at section 57(1)is a Court.

Readily convertible replica firearms

2.17 As indicated in paragraph 2.2, a firearmis defined at section 57(1) in the 1968 Actas a “lethal barrelled weapon from whichany shot, bullet or other missile can bedischarged”. The 1982 Act extended theprovisions of section 1 of the 1968 Act tocertain imitation firearms. Therefore, a firearmcertificate is required to possess, purchase oracquire an imitation firearm which:

a) has the appearance of being a firearm towhich section 1 of the 1968 Act applies;and

b) is so constructed or adapted as to bereadily convertible into a firearm to whichthat section applies.

2.18 Under section 1(6) of the 1982 Act, animitation firearm is regarded as readilyconvertible into a firearm to which section 1of the 1968 Act applies if:

a) it can be converted without any specialskill on the part of the person convertingit in the construction or adaptation offirearms of any description; and

b) the work involved in converting it doesnot require equipment or tools other thansuch as are in common use by personscarrying out works of construction andmaintenance in their own homes.

Guidelines on the 1982 Act

2.19 Guidelines have been issued whichadvise on the technical measures that canbe taken to prevent an imitation firearmfrom being readily convertible into a lethalbarrelled weapon. These guidelines areintended primarily for the gun trade and areavailable from the Gun Trade Association.

Imitation Firearms

2.20 Information on the status of modelfirearms which have been examined by theForensic Science Service is supplied to policeforces from time to time.

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Offences involving imitation firearms

2.21 The 1994 Act amended certain of theprovisions of the 1968 Act regardingimitation firearms.

2.22 Section 1 of the 1994 Act created anoffence of possessing any firearm or imitationfirearm with intent to cause, or to enableanother person to cause, someone else to fearthat unlawful violence will be used againstthem or another person. It provides for amaximum penalty of 10 years imprisonmentor a fine; or both.

2.23 Section 2 of the 1994 Act extended theexisting offences of trespassing with a firearmin a building or on land (see section 20 ofthe 1968 Act) to include trespassing with animitation firearm. It provides that the newoffences are each liable to a maximumpenalty of 6 months’ imprisonment or a fine;or both. The offence of trespassing with animitation firearm in a building (in contrast tothe offence committed with a firearm asdefined by section 57(1) of the 1968 Act) istriable only summarily. Section 2 also extendssection 46(1)(b) of the 1968 Act (policepowers of search with warrant) to providefor the seizure of imitation firearms as wellas real firearms.

Small firearms (the 1997 Act)

2.24 The 1997 Act prohibited any firearmwhich either has a barrel less than 30cm inlength or is less than 60cm in length overall,other than an air weapon, a muzzle-loadinggun or a firearm designed as signallingapparatus. The intention was to prohibitcertain particularly dangerous firearms whichwere easy to conceal. In general terms, thishas meant the prohibition of handguns but itis important to remember that the legislationdoes not refer explicitly to handguns; insteadit refers to small firearms.

Antiques

2.25 The provisions of the 1968 Act do notapply to antique firearms kept as curiositiesor ornaments (section 58(2)). There aretherefore two key issues, whether a firearmis legitimately an antique and whether it is

to be kept as a curiosity or ornament. Theword “antique” and the phrase “curiosity orornament” are not defined in law. However,detailed guidance on what should be regardedas an antique firearm for firearms licensingpurposes can be found elsewhere in thisdocument (see Chapter 8). The person inpossession of a particular firearm should beable to demonstrate to the satisfaction of thechief officer of police that it can be treatedas an antique for certification purposes,although it would be for the prosecution toprove otherwise in the event of the mattercoming to court. Evidence of antique statusmay include an indication of date ofmanufacture, details of technical obsolescence,a lack of commercial availability of suitableammunition; or a written opinion by anaccredited expert. If there is any indicationthat a firearm is to be used (that is, not heldpurely as a curiosity or ornament), it shouldnot be regarded as an antique firearm for thepurposes of the Firearms Acts and normalcertification procedures would apply.

Firearms and ammunition for whichno certificate is required

2.26 Firearm and shot gun certificates arerequired in respect of the majority of firearmsand ammunition. However, the followingtypes are exempt:

i) Air weapons and ammunition for airand gas-operated weapons

Air guns, air rifles and air pistols are exemptfrom the certification requirement if they arenot of a type declared specially dangerousby the Firearms (Dangerous Air Weapons)Rules 1969 or the Firearms (Dangerous AirWeapons) (Scotland) Rules 1969.

The Rules provide that any air weapon is“specially dangerous” if it is capable ofdischarging a missile so that the missile has,on being discharged from the muzzle of theweapon, kinetic energy in excess, in the caseof an air pistol, of 6 foot lbs or, in the caseof an air weapon other than an air pistol,12 foot lbs.

If there is doubt about a particular model,police forces should seek advice from the

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Forensic Science Service. It should be notedthat the firing capabilities have been foundto differ between particular weapons of thesame model. It should not be automaticallyassumed that all specimens of a particularmodel of air gun produce exactly the samemuzzle energy, particularly if its publishedpower level approaches the 6 foot lbs or12 foot lbs levels, as appropriate to itstype. Testing of air weapons for thepurposes of determining their status underthe current legislation should only be carriedout under strictly controlled circumstances.The Forensic Science Service can offer helpand advice.

By virtue of section 48 of the 1997 Act,firearms using compressed carbon dioxide asthe power source are treated as air weaponsand, if not regarded as “specially dangerous”(over 6 foot lbs in the case of a pistol or12 foot lbs in the case of other air guns)are thus exempt from the firearm certificateprocedure. Firearms using other gases arenot so exempt.

It should be noted that the majority but byno means all guns powered by carbon dioxidewhich discharge paint pellets and which areused in adventure games are unlikely to causeserious injury, nor were they designed as“weapons”. As such, they should not beconsidered to be “firearms”.

Ammunition for air guns and other weaponsusing compressed gas is exempt from thecertification procedure.

The Rules do not apply to an air weapondesigned for use only when submerged inwater such as harpoon guns.

ii) De-activated firearms

See paragraphs 2.12 to 2.16.

iii) Shot gun cartridges

A shot gun certificate is not required topossess or acquire shot gun cartridgescontaining five or more shot, none ofwhich exceeds .36 inch in diameter. Allordinary shot cartridges are covered by thisdescription. However, a shot gun certificate

(or firearm certificate authorising possessionof a section 1 shot gun) is normally requiredto purchase shot gun cartridges. All singlebulleted ammunition, for example solid slug,spherical ball or projectiles for birdscaringequipment, is subject to the requirement fora firearm certificate.

iv) Blank cartridges

Blank cartridges not exceeding 1 inch indiameter are also exempt from thecertification procedure.

v) Display Boards and decorativepurposes

In the absence of a Court ruling, inertcartridges and ammunition mounted ondisplay boards are not regarded as beingsubject to the Acts. Similarly, inert bulletsmounted on key rings or cuff links areassumed to be exempt.

2.27 It should be noted that exemptionfrom the certification procedure does notautomatically exempt a firearm from all theother provisions of the Act. A person foundtrespassing with a low-powered air weapon,for example, might still be charged with“armed” trespass. It would also still be anoffence for a person prohibited by theterms of section 21 of the 1968 Act to bein possession of an air gun or ammunitionfor it.

Other classes of firearms andammunition

2.28 When considering whether a particularweapon should be regarded as a firearm towhich section 1 of the 1968 Act applies orwhich is covered by the 1982 Act, it isimportant to remember that the purpose ofthe legislation is to control the supply andpossession of all rifles, guns and pistolswhich could be used for criminal orsubversive purposes while recognising thatindividuals may own and use firearms andother devices for legitimate purposes. In theabsence of a decision by a court, theSecretary of State takes the view that thefollowing devices should not be regarded asfirearms within the definition of the Act:

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a) captive-bolt stunning devices (where thebolt remains attached to the barrel) used inthe slaughter of animals, operated by blankcartridges or pneumatically;

b) nail guns, designed as tools for theinsertion of nails, metal pins andthreaded bolts into solid objects;

c) alarm guns, which are devices operatedby a trip wire for the detonation of smallexplosive charges;

d) line throwing implements used for savinglife of those in vessels in distress;

e) net throwing guns which are devicesdesigned for the live capture of birdsand animals (but not those net throwingguns which are designed for lawenforcement purposes);

f) rocket signal and illuminating devices(but not signalling pistols or hand-helddevices using cartridges, and whichdischarge a signal or illuminating loadfrom a fixed barrel).

Conversion of firearms

2.29 Section 7(1)(a) of the 1988 Act (asamended by the 1997 Act) provides that ifany weapon has at any time been a weaponto which section 5(1) or 5(1A) of the 1968Act applies, it shall be treated as a prohibitedweapon regardless of anything done for thepurpose of converting it into a weapon of adifferent kind. Thus a fully automatic weaponsuch as a Bren gun which has been smooth-bored and adapted to single-shot would stillbe classified as a prohibited weapon, aswould a pistol that had a 24 inch or moresmooth-bore barrel fitted to it.

2.30 Section 7(1)(b) provides an exceptionin respect of self-loading or pump-actionsmooth-bore guns which have at some timepossessed a barrel under 24 inches (andwould otherwise be caught under section5(1)(ac) of the 1968 Act) and which at thepresent time have a barrel of 24 inches ormore. This takes account of the fact thatsome self-loading and pump-action smooth-bore guns are manufactured so as to readilyaccommodate, and with equal facility,interchangeable barrels of varying lengths,which may be more or less than 24 inches.The exception therefore protects a person

who acquires such a gun in its long-barrelledmode without being aware that in the past ithad been fitted with a shorter barrel.

2.31 Section 7(2) of the 1988 Act providesthat a weapon which:

a) has at any time since the coming intoforce of section 2 of the 1988 Act (whichrequired a firearm certificate for certaintypes of shot gun) been a section 1weapon; or

b) would at any previous time have been sucha weapon had the 1988 Act been in force,

shall, if it has, or at any time has had, a rifledbarrel of less than 24 inches be a section 1firearm, irrespective of any work done toconvert it into a shot gun or an air weapon.

2.32 However, section 7(3) of the 1988 Actexempts from the provisions of section 7(2)any firearm where the barrel has beenshortened by a registered firearms dealer forthe sole purpose of replacing part of it so asto produce a barrel not less than 24 inchesin length. This allows firearms dealers to cutoff from a rifled barrel which is 24 inchesor greater in length a damaged or worn part,drill out the rifling from the remaining partof the barrel and add a smooth-bored sectionso as to produce a barrel not less than 24inches in length. This exemption refers onlyto guns that have at some time had barrelsless than 24 inches in length solely by virtueof such work having been carried out by aregistered firearms dealer. Guns which haveat any time had a barrel less than 24 inchesin length for some other reason cannotbenefit from this exemption even if they aresubsequently shortened again by a registeredfirearms dealer for the purpose stated. Thiscovers the conversion of firearms and doesnot impinge on the destruction of a firearmby a dealer cutting it into pieces, includingthe barrels.

8 Back to Contents


3.1 This Chapter defines weapons andammunition prohibited under the terms ofsection 5 of the 1968 Act. It explains thearrangements whereby the Secretary of Stategrants authorities for possessing section 5weapons and ammunition, and the variousexemptions from the requirement to possessthis authority. References to the Secretaryof State in this Chapter correspond to theScottish Ministers in Scotland.

Definitions

3.2 Section 5 of the 1968 Act, as modifiedby the Transfer of Functions (ProhibitedWeapons) Order 1968 and amended by the1988 Act, the 1992 Regulations and the 1997Acts makes it unlawful to manufacture, sell,transfer, purchase, acquire or possess, withoutthe authority of the Secretary of State, anyprohibited weapon or ammunition. Thoseweapons and ammunition which areprohibited consist of:

i) any firearm which is so designed oradapted that two or more missiles can besuccessively discharged without repeatedpressure on the trigger (section 5(1)(a));

ii) any self-loading or pump-action rifled gunother than one which is chambered for.22 rimfire cartridges (section 5(1)(ab));

iii) any firearm which either has a barrel lessthan 30 centimetres in length or is lessthan 60 centimetres in length overall,other than an air weapon, a muzzle-loading gun or a firearm designed assignalling apparatus (section 5(1)(aba));

iv) any self-loading or pump-action smooth-bore gun which is not an air weapon orchambered for .22 rimfire cartridges andeither has a barrel less than 24 inchesin length or (excluding any detachable,folding, retractable or other moveable

butt-stock) is less than 40 inches inlength overall (section 5(1)(ac));

v) any smooth-bore revolver gun other thanone which is chambered for 9mm rimfirecartridges or a muzzle-loading revolvergun (section 5(1)(ad));

vi) any rocket launcher, or any mortar, forprojecting a stabilised missile, other thana launcher or mortar designed for line-throwing or pyrotechnic purposes or assignalling apparatus (section 5(1)(ae));

vii) any weapon of whatever descriptiondesigned or adapted for the dischargeof any noxious liquid, gas or other thing(section 5(1)(b));

viii)any cartridge with a bullet designed toexplode on or immediately before impact,any ammunition containing or designedor adapted to contain any such noxiousthing as is mentioned in (vii) above and,if capable of being used with a firearmof any description, any grenade, bombor other like missile, or rocket or shelldesigned to explode as aforesaid (section5(1)(c));

ix) any firearm which is disguised as anotherobject (section 5(1A)(a));

x) any rocket or ammunition not fallingwithin (viii) above which consists of,or incorporates, a missile designed toexplode on or immediately before impactand is for military use (section 5(1A)(b));

xi) any launcher or other projecting apparatusnot falling within (vi) above and which isdesigned to be, or has been, incorporatedin any launcher or other projectingapparatus not falling within (vi) abovewhich is designed to be used with anyrocket or ammunition falling within (x)above or with ammunition which wouldfall within that paragraph but for its beingammunition falling within (viii) above(section 5(1A)(c));

Chapter 3PROHIBITED WEAPONS AND AMMUNITION

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xii) any ammunition for military use whichconsists of, or incorporates, a missiledesigned so that a substance contained inthe missile will ignite on or immediatelybefore impact (section 5(1A)(d));

xiii) any ammunition for military use whichconsists of or incorporates a missiledesigned, on account of its having ajacket and hard-core, to penetratearmour plating, armour screening orbody armour (section 5(1A)(e));

xiv)any ammunition which incorporates amissile designed or adapted to expandon impact (section 5(1A)(f));

xv) anything which is designed to beprojected as a missile from any weaponand is designed to be, or has beenincorporated in, any ammunition fallingwithin any of the preceding paragraphs(see xii, xiii and xiv above); or anyammunition which would fall withinany of those paragraphs but for it beingspecified at (viii) above (section 5(1A)(g)).

3.3 Category (i) above includes weaponssuch as machine guns, sub-machine guns,chain guns and the so-called “burst-fire”weapons in which several missiles (typically 3-5) are discharged in succession on a singleapplication of the trigger. Case law alsosuggests that the courts should consider theactual operation of the firearm rather thanthe intent of the designers.

3.4 Category (ii) includes carbines, which areincluded in the definition of a rifle in section57(4) of the 1968 Act. Originally, a carbinewas a short musket or rifle intended for useby mounted troops, but the term has cometo mean any rifle with a short barrel. Alsocaught in this category are the so-called“hybrid” firearms such as the Colt ArmaliteAR-15 “pistol”. These weapons are self-loading versions of long arms made tooperate in self-loading mode only andsold without a shoulder stock. The term“automatic” is also sometimes incorrectlyapplied to self-loading pistols.

3.5 Category (iii) affects the kind of smallfirearm that is easily concealed and yetconfers high firepower. For this reason,muzzle-loading weapons (including capand ball revolvers) and flare pistols

are deliberately excluded. It should beremembered that the 1997 Act did not banpistols as such and was drafted in terms ofsmall firearms. Any detachable, folding,retractable or other movable butt-stockshould be disregarded for the purposes ofmeasurement. Any long-barrelled pistols withdimensions greater than those stipulated insection 5(1)(aba) of the 1968 Act (such as thelong barrelled Uberti Cattleman revolver) arenot caught by this section of the Act andmay legally be held on a firearm certificate.

3.6 Category (iv) covers short-barrelled orshort overall length pump-action and self-loading shot guns, which may have foldingor retracting shoulder stocks.

3.7 Category (v) covers most smooth-borerevolver guns though an exception is madefor the so-called “ratting guns” chamberedfor 9mm rimfire and for muzzle-loadingrevolver guns, both of which are subject tocontrol under section 1 of the Act. Section57(2B) of the 1968 Act (as amended by the1988 Act) defines a smooth-bore revolvergun as one containing a series of chamberswhich revolve when the gun is fired.Examples of such guns are the “Dragon”and the “Striker”.

3.8 In category (vi), a rocket launcher iseffectively a tube designed to launch a rocket-propelled missile, whereas a mortar uses anexplosive charge to launch a bomb. Allmodern rocket launchers and mortars arecaught by this sub-section. Antique or replicamortars (often used by historical re-enactmentgroups) are used to fire blanks or unstabilisedprojectiles, and are subject to control undersection 1 or 2 of the 1968 Act, dependingon the size of the bore and the length ofthe barrel.

3.9 For category (vii) weapons, the courtshave held the view that stun guns areprohibited weapons under the terms ofsection 5(1)(b) of the 1968 Act (Flack vBaldry (1988) 1 All.ER 673). Anyone wishingto possess, purchase, acquire, manufacture,sell or transfer these and similar weaponswhich give off an electrical discharge mustapply for the Secretary of State’s authority.Cattle prods are not considered to be within

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this category because they are not designedor adapted as weapons. This section notonly includes flame throwers and poison gasprojectors, but also personal protection spraysusing CS, Mace or OC pepper. Additionally,it covers dart guns and blowpipes forshooting drugged or poisoned darts (but seesection 8 of the 1997 Act which providesan exemption from the need for authority topossess such weapons provided they are heldon a firearm certificate conditioned to allowtheir use for the tranquilising or otherwisetreating of any animal).

3.10 Category (viii) includes cartridgescontaining explosive bullets and ammunitioncontaining noxious substances such as CS.Explosive bullets are those containing anexplosive charge the purpose of which is tocause the bullet to explode on or immediatelybefore impact with the target. Tracer bullets,which contain a chemical flaring compounddesigned so that the flight of the bullet canbe seen, are not prohibited. Smoke canistersare not covered by this provision.

3.11 Category (ix) was introduced primarilyto control walking stick shot guns, but coversany firearm disguised as something else, forexample a pen pistol. A disguised firearm canalso be a small firearm for the purposes ofsection 5(1)(aba). A firearm with camouflageapplied for legitimate use, for example bygamekeepers or wildfowlers, is not consideredto be a disguised firearm for the purposes ofthe Act.

3.12 Category (x) covers such things as air-to-air, air-to-ground or ground-to-air missilesthat are fired from launch rails rather thanthrough a tube. It also includes rocketgrenades and torpedoes. It does not coverfree-fall bombs, which are not consideredto be ammunition.

3.13 Category (xi) refers to such things aslaunch tubes fitted to fixed- or rotary- wingaircraft for category (x) missiles. Launch rails,which provide solely for carriage and release,are not considered to be launchers unlessthey also provide the initial guidance forthe missile.

3.14 Category (xii) refers to ammunitiondesigned to have an incendiary effect at thetarget. This includes missiles containingnapalm and similar substances. It does notinclude tracer rounds.

3.15 Category (xiii) is typified by tungsten-cored rounds designed to penetrate armourusing kinetic energy alone. It extends todepleted uranium rounds and armour piercingdiscarding sabot ammunition.

3.16 Category (xiv) refers to ammunitionincorporating a projectile that is designed oradapted to expand in a controlled manner.It is the kind of ammunition used indeerstalking and vermin control because it ismore likely than non-expanding ammunitionto ensure a quick, clean kill. Semi-jacketedsoft point and hollow point are typical formsof expanding ammunition, but care must betaken to distinguish between match targethollow point ammunition, which has a tinyhole at the front for manufacturing purposes,and true hollow point. Match hollow pointrounds, such as the Sierra Match King, arenot prohibited, neither are flat-nosed bulletsdesigned to be used in tubular magazines.This is to prevent magazine explosionscaused by a pointed bullet resting on theprimer of the cartridge ahead of it. All bulletswill distort on impact, but only those whichwere designed or adapted to do so in apredictable manner fit this category.

3.17 Category (xv) extends the prohibitionon the various types of prohibitedammunition to the actual bullet or missileitself, not just the complete round ofammunition (a complete round consists ofthe bullet, the cartridge case, the propellantand the primer). Certain categories of shootersuch as deerstalkers and vermin controllersare exempt from the requirement to obtainthe authority of the Secretary of State topossess expanding ammunition (see Chapter4) and will have the appropriate conditionentered on their certificate (see Appendix 3).There is no need for the bullets to be listedseparately on the certificate, other than in thecircumstances described below. However,where a certificate holder requests largequantities of bullets, it should be rememberedthat the total number of bullets authorised

11


counts towards their overall limit onpossession of expanding ammunition. Theexception to the rule on listing bulletsseparately on a certificate applies in the caseof a certificate holder who wishes to possessa variety of different types of bullets. Thismay be reflected in a relatively higheroverall limit on possession and, in thesecircumstances, the bullets may be listedseparately to help avoid unnecessarystockpiling of complete rounds. It is notnecessary for the dealer making the sale torecord transactions of expanding bullets onthe certificate but the sale should be recordedin the dealer’s register.

3.18 Section 1(4) of the 1988 Act enables theSecretary of State, subject to the approval ofParliament, to make an Order adding to thelist of prohibited weapons and ammunition.This power applies only in respect of:

a) any firearm (not being an air weapon)which is not for the time being specifiedin subsection (1) of section 5 of the 1968Act, was not lawfully on sale in GreatBritain in substantial numbers at any timebefore 1988 and appears to the Secretaryof State to be;i) specially dangerous; orii) wholly or partly composed of material

making it not readily detectable byapparatus used for detecting metalobjects; and

b) any ammunition which is not for the timebeing specified in that subsection butappears to the Secretary of State to bespecially dangerous.

Authorities under section 5 of the1968 Act

3.19 In England and Wales, the HomeSecretary is the Minister responsible forgranting authorities. Applications for authorityto manufacture, sell, transfer, purchase,acquire or possess prohibited weapons orprohibited ammunition are processed by theHome Office. Those who wish to applyshould write to the Home Office, AACDU,Firearms Section, 50 Queen Anne’s Gate,London, SW1H 9AT. In Scotland, theScottish Ministers are the responsible body.Applications are processed by the Scottish

Executive, Justice Department, PoliceDivision, Saughton House, BroomhouseDrive, Edinburgh, EH11 3XD (references inthe remainder of the guidance to the HomeOffice should also be taken to mean theScottish Executive). Exemptions from therequirement to possess the Secretary ofState’s authority to possess prohibited itemsare set out in paragraphs 3.27 to 3.33.

3.20 Before a decision is made concerning aparticular application for an authority, thechief officer of police in the area from whichthe application has been received will beasked if they have any objections to the grantof the authority. If an authority is granted, itwill be sent to the applicant and copied tothe chief officer. As a matter of policy, theSecretary of State would normally only grantauthorities for those with a legitimatecommercial need to possess prohibitedweapons, rather than for private use orspeculative business interest. The chief officerwill be informed of any case in which anauthority is refused or revoked.

3.21 The Secretary of State is responsiblefor granting authority, but will rely oninformation from, and the opinion of, thechief officer of police when reaching adecision. Prohibited weapons are subject toa more stringent control than other firearmsand authority to possess or deal in suchweapons is granted only if good reasonis shown. The authority may restrict theholder to a particular category of prohibitedweapon or prohibited ammunition and specifythe range of transactions which may beundertaken. Chief officers should report tothe Home Office or the Scottish ExecutiveJustice Department any circumstances thatmight justify revoking an authority.

3.22 When an application for renewal of anauthority is received, the Home Office or theScottish Executive Justice Department willagain seek the views of the police. It isessential, therefore, that applications forrenewal are made well in advance of theexpiry date.

3.23 Prohibited weapons and ammunition areincluded in the definitions of “firearm” and“ammunition” in section 57 of the 1968 Act

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and are therefore subject to the restrictionsapplicable to other types of firearm andammunition. No firearm certificate shouldbe granted in respect of any weapon orammunition to which section 5 of the 1968Act applies unless authority for its possessionhas been given by the Secretary of State orthey are exempt. If any person applies for acertificate for a prohibited weapon orammunition already in their possession wherethey are neither exempt nor able to producea valid authority from the Secretary of State,the application should be refused and theindividual required to surrender the weaponor ammunition immediately.

3.24 Where a person has been authorised bythe Secretary of State to have possession of aprohibited weapon or prohibited ammunition,the chief officer of police has no discretionto refuse or to revoke the necessary firearmcertificate in respect of the prohibitedweapon or ammunition (section 31(1) of the1968 Act). In the case of dealers authorisedto manufacture, sell or transfer prohibitedweapons, there is no discretion to refuse toenter their names in, or to remove themfrom, the register of dealers (sections 34(3)and 38(2) of the 1968 Act). When anauthority is revoked, any firearm certificaterelating to the weapon or ammunitionin question must be revoked or variedaccordingly (section 31(2) of the 1968 Act).The Secretary of State will consider revoking,or varying the conditions of, any authorityif the chief officer thinks it necessary. Ifsuch a case should arise, a full reportshould be made to the Home Office orthe Scottish Executive Justice Departmentas soon as possible.

3.25 Under section 12(2) of the 1968 Act(as amended) (a parallel provision to Section12(1) of the 1968 Act), an authority topossess prohibited weapons issued to atheatrical, television or film producer mayauthorise the possession of the weapons bysuch other persons as the producer mayselect to have possession thereof whilsttaking part in the performance, rehearsalor production.

3.26 Section 5(4) of the 1968 Act providesthat an authority shall contain conditions for

the purpose of ensuring that the prohibitedweapon or prohibited ammunition will notendanger the public safety or the peace.Conditions are stipulated by the Home Officeor the Scottish Executive Justice Department(and these will vary in individual cases)although the opinion of the chief officer isalso sought. Section 5(5) of the 1968 Actmakes it an offence to fail to comply withany conditions subject to which an authorityis granted. Under section 5(6) of the 1968Act it is an offence, upon revocation, to failto deliver up an authority to the Departmentwhich first granted it within 21 days of thedate of the notice of revocation.

Exemptions from the requirementto hold the Secretary of State’sauthority to possess prohibited items

3.27 Under the terms of section 54 of the1968 Act (as amended) persons in the serviceof Her Majesty acting in their capacity assuch are exempt from the provisions ofsection 5 of the Act. For the purposes of theAct, persons deemed to be in the service ofHer Majesty include members of a policeforce, persons employed by a police authorityacting under the direction and control ofa chief officer of police, members of anyforeign force when serving with Britishforces, members of any approved cadet corpswhen engaged as members of the corps indrill, or in target practice on service premises,and persons providing instruction to membersof a cadet corps.

3.28 Since the 1968 Act created section 5,it has been significantly updated by section 1of the 1988 Act, section 3 of the 1992Regulations and sections 1 and 9 of the1997 Act. In addition, sections 2 to 7 ofthe 1997 Act provide for certain specialexemptions from the prohibition of smallfirearms. It is therefore critical that allrevisions are taken account of when dealingwith section 5 issues.

3.29 Section 5A(1) of the 1968 Act refers tocollectors and states that the authority ofthe Secretary of State is not required for acollector to possess, purchase, acquire, sell ortransfer any of the firearms or ammunitionlisted in section 5(1A) provided they have a

13


suitably conditioned, valid firearm certificateor permit. The weapons and ammunitionlisted under section 5(1A) are those incategories (ix) to (xv) above. Section 5A(3)allows collectors or their representativesfrom another Member State to possess,purchase or acquire (but not to sell ordispose of) weapons and ammunitioncontrolled by subsection 1A if they arerecognised by the law of that State ascollectors or as a body concerned in thecultural or historical aspects of weapons.

3.30 Section 5A(4) of the 1968 Act (asamended by section 10 of the 1997 Act)states that authority is not required forshooters to possess etc. expandingammunition or expanding bullets prohibitedby sections 5(1A)(f) and (g) providing theyhave firearm certificates or visitors’ permitsauthorising their use in connection with fourspecific activities. These activities are:

1. the lawful shooting of deer;2. the shooting of vermin or, for the

purposes of estate management, otherwildlife;

3. the humane killing of animals; and4. the shooting of animals to protect other

animals or people.

3.31 However, the use of the phrase “inconnection with” means that it is acceptablefor shooters to use expanding ammunition tozero their rifles with the ammunition theywill be using in the field provided it is forone or more of the four activities listedabove. Zeroing might also include trainingand testing, whether on a rifle range or othersuitable land. These exemptions apply only touse in Great Britain, not overseas.

3.32 The possession of expandingammunition for target shooting or anycompetition use is not allowed. Applicantswishing to possess expanding ammunitionfor any other purposes (for example, to zeroa large calibre rifle for big game huntingabroad) should also be refused (see alsoparagraph 3.17). There should be noprescribed limits set on the number ofrounds of ammunition that can be expendedduring zeroing, although this will need tobe compatible with these functions andconsistent with the overall limits onpossession and purchase.

3.33 Section 5A(5) of the 1968 Act allowslicensed slaughtermen to have, without theauthority of the Secretary of State or theScottish Ministers, expanding ammunition foruse in a slaughtering instrument, defined atsection 57(4) of the 1968 Act as being afirearm specially designed or adapted for theinstantaneous slaughter of animals or for theinstantaneous stunning of animals with a viewto slaughtering them. Section 10 of the 1968Act allows licensed slaughtermen, withoutthe need for a firearm certificate, to have aslaughtering instrument and ammunition forit in any slaughterhouse or knacker’s yard inwhich they are employed. In addition, section2 of the 1997 Act allows other people topossess a slaughtering instrument if they havea firearm certificate allowing possession ofthe weapon. This provision is meant toapply to those people such as vets and huntservants who could reasonably be expected inthe course of their normal work to have todestroy sick or injured animals.

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4.1 This Chapter sets out the definition ofexpanding ammunition and lists the variousexemptions from the prohibition on itspossession.

Definition

4.2 Section 9 of the 1997 Act extended theprohibition on expanding ammunition frompistol ammunition only to cover all typesof expanding ammunition. Thus section5(1A)(f) of the 1968 Act now prohibits anyammunition which incorporates a missiledesigned or adapted to expand on impact andsection 5(1A)(g) prohibits the bullets for suchammunition (expanding missiles, in the wordsof the Act).

4.3 The words designed or adapted are theimportant ones here. Any bullet will deformon impact with a sufficiently hard surface,but only bullets, and ammunition containingbullets, which were designed or have beenadapted to do so in a controlled manner areactually affected by the legislation.

Exemptions

4.4 Section 10 of the 1997 Act amendedsection 5A(4) of the 1968 Act to exemptfrom the general prohibition on expandingammunition people who use it for specificpurposes. The exemptions cover those peoplewho use expanding ammunition for the:

1. lawful shooting of deer;2. shooting of vermin or, in the course

of estate management, other wildlife;3. humane killing of animals; and4. shooting animals for the protection

of other animals or humans.

4.5 Persons who wish to acquire expandingammunition for any of these purposes must

first satisfy the chief officer of police thatthey have a “good reason” to possess afirearm for any of the above. Once this“good reason” requirement has been satisfied,the shooter’s firearm certificate or visitor’spermit must be conditioned to includeexpanding ammunition and, for homeloaders, the bullets for such ammunition.The condition should restrict the use of thebullets or ammunition to the precise purposefor which it is intended (see paragraphs 3.31and 4.7). These exemptions apply only to usein Great Britain, not overseas.

4.6 Section 10(3) of the 1997 Act amendedsection 5A(7) of the 1968 Act to exemptdealers and their servants from the need forthe authority of the Secretary of State orScottish Ministers to possess, purchase,acquire, sell or transfer any expandingammunition in the ordinary course of thebusiness. Dealers may not possess anyexpanding ammunition for their privateuse unless they have a suitably-conditionedfirearm certificate.

Other uses

4.7 Section 10(2)(b) of the 1997 Act amendssection 5A(4)(b) of the 1968 Act so thatthe use of expanding ammunition is inconnection with the various exemptedpurposes. This allows, for example, a deerstalker or vermin shooter to zero with theirrifle on a range or other suitable land and todo sufficient training and testing with theexpanding ammunition. It does not allowthem to take part in target shooting or anycompetitions, such as running deer usingexpanding ammunition. For this reason, thequantity of expanding ammunition or bulletsfor such ammunition which any shooter isallowed to possess at any one time shouldbe carefully controlled by the certificate

Chapter 4EXPANDING AMMUNITION

15

(see also paragraph 3.17). Considerationshould though be given to each shooter’sindividual circumstances, particularly wherere-loaders are acquiring missiles or where theshooter is a professional deerstalker.

4.8 The bulk purchase of ammunition forthe purpose of economy is not acceptable asgood reason for possession. Possession of250 rounds with authority to acquire 200rounds should generally be regarded asreasonable (but see paragraphs 4.7 and 13.28).

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Chapter 4EXPANDING AMMUNITION

5.1 This Chapter sets out some of thegeneral requirements and prohibitions of thelaw on possession, purchase and acquisitionof firearms and ammunition. It should benoted that additional information on manyof these areas can be found in other partsof the Guidance.

Definitions

5.2 Under sections 1 and 2 of the 1968 Act,it is an offence for a person “to have in theirpossession or to purchase or acquire” afirearm or ammunition to which section 1applies or a shot gun without holding theappropriate certificate. A certificate is notrequired to possess shot gun cartridges.The case law suggests that possession is anabsolute offence. It is not a valid defencethat the defendant does not know that abag in their possession contains a firearm(R v Steele 1993) or that a supposedly antiquefirearm is subject to certification (R v Howells1997). Possession may be constructive (thatis, having free access to the firearms ratherthan physically possessing them) (Sullivan vEarl of Caithness 1976).

5.3 In some (very restricted) circumstancescertain categories of people may beauthorised by the Act to “have in theirpossession” firearms and/or ammunitionwithout a certificate, but not to purchase oracquire. Such people might include licensedslaughterers, actors in theatrical, television orfilm productions, warehouse operatives orcarriers (see Chapter 6) and those authorisedunder section 7 of the 1997 Act. See alsoparagraphs 6.13 and 25.9 about firearms thatmay have been found amongst the propertyof somebody who has died. Chapter 6 alsoincludes details of other exemptions from theneed to have a certificate, including the use

of borrowed rifles on private premises, asdoes Chapter 18 on clubs.

5.4 The word “sell” is often used throughoutthe Act in conjunction with the word“transfer”. Transfer is defined in section 57(4)of the 1968 Act as including letting on hire,giving, lending and parting with possession.

General prohibitions

5.5 Persons prohibited under section 21 ofthe 1968 Act (see paragraph 12.4 for itsterms) may not possess any firearms orammunition, not just those for which acertificate is required. Thus the prohibitionextends to all air weapons, air gun pelletsand shot gun ammunition. It should alsobe noted that:

a) The prohibition applies to personssentenced in all parts of the UnitedKingdom, including those sentenced inNorthern Ireland. Section 29 of theCriminal Justice Act 1972 amended section21 of the 1968 Act. In its unamendedform, section 21 applied the prohibitiononly to those sentenced in England, Walesand Scotland; the amendment in section29 of the Criminal Justice Act 1972 madethe similar prohibition on possessingfirearms and ammunition in NorthernIreland (section 19 of the Firearms Act(Northern Ireland) 1969) effective inEngland, Wales and Scotland.

b) The prohibition includes detention in ayoung offender institution, or in youthcustody. Paragraph 24 of Schedule 14 tothe Criminal Justice Act 1982 added thewords “or to youth custody for such aterm” to subsections (1) (after “three yearsor more”) and (2) (after “less than threeyears”) of section 21 of the 1968 Act.

Chapter 5RESTRICTIONS ON THE POSSESSION, HANDLING ANDDISTRIBUTION OF FIREARMS AND AMMUNITION

17

Paragraph 6 of Schedule 8 to the CriminalJustice Act 1988 amended section 21(1)and (2) of the 1968 Act by substituting“detention in a young offender institution”in place of “youth custody”.

5.6 The courts have taken the view that asuspended sentence (a disposal not applicableto Scotland) does not attract the prohibitionimposed by section 21 of the 1968 Act unlessthe sentence is ordered to take effect. Undersection 39(9) of the Criminal Justice Act 1967a suspended sentence is a “sentence ofimprisonment” for the purpose of otherprovisions in the 1968 Act. The difficultyof so construing section 21 arises becausesubsection (2) uses the word “release” and sopresupposes that the offender to whom thesection applies is one who has been detainedunder sentence. In the case of a partlysuspended sentence, subsection (2A) ofsection 21 (which was inserted by paragraph9 of Schedule 9 to the Criminal Law Act1977) provides that the five year prohibitionfrom possessing a firearm or ammunitioncommences when the offender is releasedfrom the unsuspended part of their sentenceand continues to run uninterrupted, notstarting again even if the suspended part islater restored. Convictions overseas andperiods of detention under the Mental HealthAct do not count towards prohibition,although they might be relevant to fitnessand public safety.

5.7 A court in England and Wales thatimposes a suspended sentence may order theforfeiture of a firearm or cancel a firearm orshot gun certificate. Even if a court does notmake such an order, chief officers of policehave the power to revoke a firearm or shotgun certificate in certain circumstances. Inparticular, when they are satisfied that theholder is of intemperate habits or unsoundmind, is otherwise unfit to be entrusted witha firearm or can no longer be permitted tohave the firearm or ammunition withoutdanger to the public safety or to the peace.The fact that an order has been made undersection 52 of the 1968 Act in respect of theapplicant (notwithstanding that only asuspended sentence was passed) might alsobe regarded by chief officers as giving themreason to believe that the applicant is unfit

to be entrusted with a firearm or possess afirearm or shot gun without danger to thepublic safety or to the peace.

5.8 A person who has served a custodialsentence is informed of the provisions ofsection 21 of the 1968 Act on release.Section 21(6) of the 1968 Act enables aperson who is prohibited by the provisionsof the section to apply to the Crown Court(or the Sheriff in Scotland) in accordancewith the provisions of Schedule 3 to the 1968Act for the removal of the prohibition. Thisis usually done where the offence has notinvolved violence or firearms. Nevertheless,the removal of the prohibition can beopposed by the police and courts haveruled that possession of a firearm certificatepredisposed an element of trust (Gordon -v-Northampton Crown Court 1999).

5.9 Under section 25 of the 1968 Act it isan offence for a person to sell or transfera firearm or ammunition to, or to repair,prove or test any firearm or ammunition foranother person whom they know, or havereasonable cause to believe, to be drunk orof unsound mind.

5.10 Restrictions on the possession,purchase and acquisition of firearms andammunition by young people and on the saleand transfer to them are dealt with separatelyin Chapter 7.

Firearms and ammunition for which acertificate is required

5.11 Any person wishing to possess, purchaseor acquire any firearm or ammunition musthold a valid firearm or shot gun certificate(as appropriate) unless exempt under sections7 to 15, 54 or 58(1) of the 1968 Act orsections 15 to 19 of the 1988 Act except:

a) an air weapon or a weapon powered bycompressed carbon dioxide (not of a typedeclared by the Secretary of State underthe Dangerous Air Weapons Rules 1969(as amended) to be specially dangerous);

b) ammunition for air weapons;c) cartridges containing five or more shot,

none of which exceeds .36 inches in

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Chapter 5RESTRICTIONS ON THE POSSESSION, HANDLING AND DISTRIBUTIONOF FIREARMS AND AMMUNITION

diameter (the exemption does not extendto the purchase of such ammunition);

d) blank cartridges not more than one inchin diameter.

5.12 Section 5 of the 1988 Act prohibitsthe sale of ammunition for a shot gun orsmooth-bore gun, and for which a firearmcertificate is not required, to a person whois neither a registered firearms dealer nor aperson who sells such ammunition by wayof trade or business unless that person:

a) produces a shot gun certificate or a firearmcertificate authorising them to possessa smooth-bore gun;

b) shows that they are entitled to possessa shot gun or smooth-bore gun withoutholding a certificate; or

c) produces a certificate of some other persontogether with a written authority from theholder of the certificate to purchase theammunition on their behalf.

This section only applies to ammunition notsubject to control under section 1 of the1968 Act. There is no requirement for avendor of shot gun cartridges to beregistered as a firearms dealer.

5.13 Unless exempt, a special authorityfrom the Secretary of State or the ScottishMinisters is needed in addition to a firearmcertificate for the possession of a prohibitedweapon or prohibited ammunition (seeChapter 3).

Business and other transactions

5.14 A person commits an offence, if by wayof trade or business they are engaged in themanufacture, sale or transfer of shot guns orfirearms or ammunition to which section 1of the 1968 Act applies and is not registeredas a firearms dealer (see Chapter 16). Thisrequirement extends to persons who repair,test or prove such firearms or ammunition.

5.15 Persons who dispose of firearms orammunition otherwise than by way of tradeand business need not register, but allpersons, including dealers, must observethe provisions of the Act regarding:

a) persons to whom firearms and ammunitionmay be sold or transferred (section 3(2) ofthe 1968 Act and section 5(2) of the 1988Act) namely;

1) a person producing a firearm certificateauthorising them to acquire that firearmor section 1 ammunition;

2) a registered firearms dealer;3) in the case of a shot gun, a person

with a current shot gun certificate or afirearm certificate holder who possessesa section 1 shot gun;

4) in the case of section 2 (shot gun)ammunition, someone who producesanother person’s valid shot guncertificate, together with writtenauthority from the certificate holderto allow them to purchase or acquirethe ammunition;

5) someone who shows that by virtue ofthe Act they are entitled to purchase oracquire the firearm or ammunitionwithout a certificate.

b) instructions in firearm and shot guncertificates and notification to the chiefofficer of police of the sale etc. of afirearm or shot gun to a person who isneither a firearms dealer nor otherwiseexempt from holding a certificate (section42(1) of the 1968 Act, section 4(2) of the1988 Act and sections 33(2) and (3) of the1997 Act).

Though not a statutory requirement, itis desirable that police forces should alsocomply with these requirements if theytransfer a firearm or shot gun to a certificateholder from another force area, completingTable 1 on a firearm certificate and/or Table2 on a shot gun certificate.

5.16 Section 33 of the 1997 Act requiresthat, within seven days of the transaction,the transferor and transferee must send, byrecorded or special delivery, notification tothe chief officers of police who issued theirown certificates. The transferor is the personwho originally possessed the gun, and thetransferee is the recipient (and it is thetransferor who must write the details of thegun and its transfer onto the certificate ofthe transferee). The notice of the transaction

19


must contain a description of the firearmor shot gun (including any identificationnumber), state the nature of the transactionand give the name and address of the otherperson concerned. A firearm or shot gunplaced with a registered firearms dealer orauctioneer for sale or return is not regardedas a transfer. Notification is only requiredonce the transfer is complete when all threeparties notify the police. As the transferormay not know the name of the ultimatetransferee, it is sufficient for the transferoronly to notify the police of disposal to thedealer or auctioneer.

5.17 Section 34 of the 1997 Act requires that,on the de-activation, destruction or loss ofany firearm to which a firearm or shot guncertificate or a visitor’s firearm or shot gunpermit relates, the chief officer of police whogranted the certificate or permit must benotified within seven days of the event. Thenotification must be sent by recorded orspecial delivery and must describe the firearmin question (including any identificationnumber) and the nature of the event.Similarly, if any ammunition to which section1 of the 1968 Act applies and a firearmcertificate or visitor’s permit relates is lost(whether by theft or otherwise), the chiefofficer who granted the certificate or permitmust be notified within seven days byrecorded or special delivery. The actualmethods of destruction of firearms are notcovered by legislation but to provide adequatesafeguards it is generally more appropriate forcertificate holders to surrender it either to aregistered firearms dealer or to the policerather than to destroy it themselves (seeChapter 25 for further information).

5.18 If a firearm or shot gun is sold orotherwise disposed of outside Great Britainby a person whose acquisition or purchase ofthe firearm or shot gun was authorised by afirearm certificate or shot gun certificate, theperson holding the certificate must notify thechief officer of police within fourteen daysby recorded or special delivery or, if they areabroad, by the nearest available equivalent.The notification must contain a descriptionof the firearm or shot gun (including anyidentification number) and the name and

address of the person to whom the gunwas sold or disposed of.

5.19 If a firearm to which a firearm orshot gun certificate relates is de-activated,destroyed or lost (whether by theft orotherwise) or if any ammunition to whichsection 1 of the 1968 Act applies is lostoutside Great Britain, the chief officer ofpolice who issued the certificate must benotified within fourteen days. The noticemust contain the same information as thenotice of sale or disposal and be sent byrecorded or special delivery.

5.20 A firearms dealer is also required tosend a notification of a transaction involvinga visitor under section 18(1) of the 1988 Actto the chief officer of police for the area inwhich they are registered. The notice mustbe sent within forty-eight hours of thetransaction, by recorded or special delivery,and contain all the particulars entered in theregister of transactions including the detailsof the purchaser’s passport, if any.

5.21 Section 8(2)(a) of the 1968 Act alsoprovides specifically that it is not an offenceto part with possession, otherwise than bysale, hire, gift or loan, to a person who isentitled to possess the firearm or ammunitionwithout a certificate.

5.22 Further exemptions from the need toproduce a certificate are made for personscollecting a shot gun from a dealer who hashad it for repair, test or proof (section 8(2)(b)of the 1968 Act). It would be good practicefor the dealer and persons to whom carriersor warehousemen or their servants aredelivering a firearm or ammunition in theordinary course of business to ask to see acertificate (section 9(4) of the 1968 Act) orproof that the person collecting the shot gunis entitled to possess it without a certificate.

Pawnbrokers

5.23 Whilst section 3(6) of the 1968 Actprohibits pawnbrokers from taking in pawnany firearm or ammunition to which section1 of the 1968 Act applies, or any shot gun, apawnbroker is not debarred from registration

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as a firearms dealer. In these circumstances,the police will wish to consider an applicationunder the same terms as any other dealer.

Sales of firearms unproven or outof proof

5.24 The provisions of the Gun Barrel ProofActs are explained in Chapter 24.

Records of transactions

5.25 Persons who by way of trade orbusiness manufacture, sell or transfer firearmsor ammunition to which section 1 of the1968 Act applies, or shot guns, are requiredby section 40 of the 1968 Act to keep aregister of transactions and to enter in it theparticulars specified in Schedule 4 to the 1968Act. The Act does not specifically require aregistered dealer to be satisfied beforepurchasing a firearm to which section 1applies, or a shot gun, that the vendor is inpossession of a certificate for that firearm,but the dealer is required to record thetransaction in the register.

5.26 Section 18(1) of the 1988 Act allows avisitor who has not been in Great Britain formore than thirty days in the preceding twelvemonths to purchase a firearm from a firearmsdealer for the purpose only of it beingexported without first coming into theirpossession without the need for a certificate.A firearms dealer is required to record thetransaction in their register together with thenumber and place of issue of any passport inthe purchaser’s possession. A passport willnormally provide evidence for a firearmsdealer that a visitor satisfies the thirty daycriterion. Section 40(7) of the 1968 Actempowers the Secretary of State to makerules varying or adding to Schedule 4 of the1968 Act, and Rule 10(5) of the 1998 Rulesamended paragraph 4 of that Schedule.

5.27 Section 38(8) of the 1968 Act providesfor the surrender of a dealer’s register iftheir name is removed from the register offirearms dealers. It is an offence for thedealer not to comply within twenty-onedays of a notice in writing requiring themto surrender the register.

Inspection of dealers’ records

5.28 Persons who by way of trade orbusiness manufacture, sell or transfer firearmsor ammunition to which section 1 of the1968 Act applies, or shot guns, are requiredby section 40(4) of the 1968 Act to allow anypolice officer (including civilian officers) dulyauthorised in writing by the chief officer ofpolice to enter their premises and inspect allstock in hand and the register of transactions.In all cases, the inspecting officer mustproduce such written authority on demand.Form 122 is a convenient form ofauthorisation for this purpose. Under section40(3A) of the 1968 Act, dealers are requiredto keep their register of transactions so thatentries made in the register are available forinspection for a period of at least five years.If the register is kept on computer, dealersmust ensure that a copy of the informationcontained therein can be produced in avisible and legible form which can be takenaway by the inspecting officer. The registershould include firearms taken in for repair,although these are not regarded as transfersand consequently notification to the policeis not required.

5.29 Section 41 of the 1968 Act enableschief officers of police, at their discretion,to exempt from all or any of the provisionsabout keeping records persons whomanufacture, test or repair components formanufacturers of shot guns but do nothandle complete shot guns. Chief officersshould satisfy themselves as to the facts ineach case, including the type of work carriedon and the extent of the danger that eachsituation presents as a possible source offirearms for criminals. Each case shouldbe reviewed at regular intervals.

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6.1 The exemptions in the Acts apply to aparticular category of person and exemptthem so far as firearms are held, purchasedor acquired for some particular and specifiedpurpose. The exemptions may be divided intotwo groups; those that concern possession,and purchase and acquisition, and those thatconcern only possession. The exemptions aredealt with in this way in the following twosections of this Chapter.

Possession and purchase oracquisition of any type of firearm orammunition without a certificate

Firearms dealers and their servants

6.2 The exemption in section 8(1) of the1968 Act covers purchase, acquisition orpossession in the ordinary course of thedealer’s business anywhere in Great Britain.It extends to dealers and their servants. Thereis no legal definition of a “servant”, but itshould be noted that a letter of authoritydoes not automatically make someone a“servant” for these purposes. A registeredfirearms dealer must have a firearm certificateor shot gun certificate as appropriate for anygun they possess for uses unconnected withtheir dealership. Under section 3(3) of the1968 Act, a person is prohibited fromundertaking the repair, test or proof of afirearm or ammunition to which section 1 ofthe 1968 Act applies, or a shot gun, unlessthe person seeking the repair or other workproduces a certificate authorising theirpossession of the firearm or ammunition,or shows that they are entitled to have itwithout a certificate.

Miniature rifle ranges

6.3 Under section 11(4) of the 1968 Act,a person conducting or carrying on a

miniature rifle range (whether for a rifle clubor otherwise) or shooting gallery at whichonly miniature rifles and ammunition notexceeding .23 inch calibre or air weaponsnot declared by the Secretary of State to bespecially dangerous are used, may without afirearm certificate, purchase, acquire or havein their possession such miniature rifles andammunition therefor. Whilst there is no legaldefinition of a miniature rifle, (other than onewhich does not exceed .23 inch in calibre) itis generally accepted that this refers only torifles firing .22 rimfire cartridges. This is toavoid high performance centrefire rifles suchas the .220 Swift being defined as “miniaturerifles” not exceeding .23 calibre. Personsusing the range are exempt from holding afirearm certificate in respect only of the useof such miniature rifles and ammunition atthe range or gallery. Any further exemptionin the case of a club can only be secured byobtaining approval from the Secretary ofState (see Chapter 18). It should be notedthat “Exemption Certificates” issued by theShowman’s Guild or the National Small BoreRifle Association have no legal force but canbe considered proof that somebody wasoperating a miniature rifle range or shootinggallery. There is though no obligation on theoperator of the range or gallery to produceany form of documentation, and the policewould only be justified in taking actionagainst such an operator where they are notmeeting the terms of section 11(4). TheHealth and Safety Executive have alsoissued guidance on miniature rifle rangesat fairgrounds.

Persons in the service of the Crownand police

6.4 Section 54 of the 1968 Act is a generalprovision relating to all Crown servants andto persons who are members of a police

Chapter 6EXEMPTIONS FROM THE REQUIREMENT TO HOLDA CERTIFICATE

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force or persons employed by a policeauthority and who are under the directionand control of a chief officer of police(Section 42 of the Police and Magistrates’Courts Act 1994 extended this provision ofthe 1968 Act to police civilian employees).This exemption applies to police forcesestablished by the Police Act 1964 and thePolice (Scotland) Act 1967, and others, suchas British Transport Police, are not covered.For the purposes of this section such personsare deemed to be in the service of HerMajesty. The effect of the section is thatCrown servants and police officers whopossess firearms and ammunition in theircapacity as such do not require firearmcertificates. In addition, Customs Officers donot require written authority to detain, seizeor otherwise possess firearms they encounterin carrying out their official duties. This isbecause statute law does not bind the Crownor its servants unless specifically stated in theAct of Parliament concerned. Thus soldierswould be exempt if they possess a servicefirearm in, or for the purpose of, theperformance of their duty, but not if theypossess other firearms for other purposes, forexample if they possess a rifle or shot gunfor their own private purposes. AlthoughBritish Transport Police are not exemptunder section 54 of the 1968 Act, theSecretary of State has granted a temporarysection 5 authority to allow possession anduse of CS incapacitant spray by membersof that force.

6.5 In general, Crown servants who arerequired to possess firearms and ammunitionin the performance of their official duties aresupplied with the weapons and ammunitionby the departments they serve. Accordingly,the section does not empower Crownservants to purchase or acquire firearmsor ammunition to which section 1 of the1968 Act applies, or shot guns, without acertificate, except as provided in subsection2(a) of section 54 of the 1968 Act. Thisprovision enables a person in the service ofHer Majesty who has written authority froma senior officer, to purchase or acquirefirearms and ammunition for the publicservice without holding a certificate and isintended to cover the necessary purchases bygovernment departments such as the contract

branches of the Ministry of Defence. Theremay also be cases in which a department mayissue an authority under the subsection toenable emergency purchases to be made byits officers for their use in the public service(see Chapter 20 as to the grant of freecertificates to persons in the armed servicesto authorise purchase). Forestry Commissionemployees are Crown servants and thoseconcerned with wildlife management operateunder the general provision of section 54of the 1968 Act. Copies of their policy onwho is authorised to hold firearms andammunition are available to chief officers ofpolice from the Forestry Commission. ForestEnterprise (part of the Forestry Commission)owns a number of firearms for use by theiremployees countrywide. These firearms maybe held at central locations or by employeeswho are authorised to hold specific guns.Lists are normally circulated annually to allforces as to which firearms are held bywhom and at which location.

6.6 The question whether a firearm, in thepossession of a Crown servant, is in theirpossession in their capacity as such can beauthoritatively determined only by a court,but when in doubt the department or thecommanding officer of the person concernedshould be consulted before proceedingsare instituted; otherwise the facts shouldbe reported to the department or thecommanding officer in order that the needfor disciplinary action may be considered.

6.7 Members of the reserve forces may, incertain circumstances, be persons in theservice of Her Majesty who are entitled topossess firearms and ammunition in theircapacity as such and are therefore Crownservants for the purposes of section 54 ofthe 1968 Act. Whether or not such personnelare entitled to exemption from section 1 ofthe 1968 Act will depend on such mattersas whether they have been called out forservice and the terms under which theyundertake service. If any person claims thaton this basis they are entitled to possess afirearm or ammunition without a firearmcertificate the department or the commandingofficer of the person concerned should beconsulted before proceedings are instituted.However, if such a person wishes to acquire

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Chapter 6EXEMPTIONS FROM THE REQUIREMENT TO HOLD A CERTIFICATE

a firearm or ammunition for private use theyshould obtain a firearm certificate for thepurpose, in which case the appropriate feewould be payable.

Visiting Forces

6.8 The Visiting Forces and InternationalHeadquarters (Application of Law) Order1965 (SI 1965 No 1536), made under section8 of the Visiting Forces Act 1952, extends tovisiting NATO and Commonwealth forcesthe exemptions covering Her Majesty's forces.Furthermore, members of any foreign forcewhen they are serving with any of HerMajesty’s forces are regarded as Crownservants for the purposes of section 54of the 1968 Act.

Cadet Corps

6.9 Members of cadet corps and theirinstructors are regarded as Crown servantsin certain circumstances (see paragraph 18.28for further details).

Museums

6.10 Section 19 of the 1988 Act provides forthe exemption of certain museums from theprovisions of the 1968 Act if they hold amuseum firearms licence (see Chapter 17).

Visitors to Great Britain

6.11 The 1968 Act (as amended) providesfor visitors to Great Britain to have in theirpossession, or purchase or acquire a firearmor ammunition under certain conditionswithout a firearm or shot gun certificate.Visitors’ permits are dealt with in Chapter 27but briefly they allow a visitor to havepossession of a firearm or shot gun and topurchase or acquire ammunition and shotguns in Great Britain. Under section 18(1) ofthe 1988 Act a person who has not been inGreat Britain for more than thirty days in thepreceding twelve months may purchase afirearm from a registered firearms dealer forexport without holding a firearm or shot guncertificate or visitor’s permit. The exemptiondoes not extend to the actual possession ofthe firearm and the dealer must arrange for

the export of the weapon without it firstcoming into the purchaser’s possession. Thethirty days limit is an aggregate and does nothave to be continuous. The purchase of afirearm for export without a certificate froma person other than a registered firearmsdealer is not permitted.

6.12 A firearm certificate granted in NorthernIreland is, by virtue of the definition of afirearm certificate in section 57(4), a firearmcertificate for the purposes of the 1968 Act.Firearm certificates issued in Northern Irelandtherefore have validity within Great Britain,conferring on individuals in possession of onethe same entitlements and obligations thatcome with a certificate issued in England,Wales or Scotland. Visitors with NorthernIreland firearm certificates must comply withBritish firearms law, in particular they musthave permission from the Secretary of Stateor the Scottish Ministers if they wish to bringa small firearm (handgun) into the country.(These may still be possessed on a firearmcertificate in Northern Ireland.)

Possession only of any type offirearm or ammunition withouta certificate

Permits authorising possession

6.13 Section 7 of the 1968 Act enables achief officer of police to issue to a person apermit authorising them to possess a firearmor ammunition to which section 1 of the1968 Act applies, or a shot gun, in anyspecial case where it may not be necessary ordesirable to issue a certificate. For example, apermit should in normal circumstances beissued to authorise the temporary possessionby a relative or the executor of a deceasedperson, or the receiver of a bankrupt’s estate,of firearms or ammunition forming part ofthe property of the deceased person orbankrupt. A permit may not be issued toauthorise the purchase or acquisition offirearms or ammunition (but see section 5(1)of the 1988 Act and paragraph 15.2). If itdoes not specify possession only, it will beassumed by default that the permit allowsuse. Chapter 15 provides more informationabout the issue of permits.

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Shot guns

6.14 Section 11(5) of the 1968 Act allowsan individual, without holding a shot guncertificate, to borrow a shot gun from theoccupier of private premises and use it onthose premises in the occupier’s presence.The presence of the occupier is normallytaken to mean within sight and earshot of theindividual borrowing the firearm. The term“occupier” is not defined in the FirearmsActs, nor has a Court clarified its meaning.However, the Firearms ConsultativeCommittee in their 5th Annual reportrecommended that the provisions of section27 of the Wildlife and Countryside Act 1981be adopted. This states that ‘“occupier” inrelation to any land, other than the foreshore,includes any person having any right ofhunting, shooting, fishing or taking game orfish’. In the absence of any firm definitionfor firearms purposes, it is suggested thateach chief officer of police may wish to makeuse of this definition. On some occasionsthough, where the status of a certificateholder acting as an occupier is an issue, thechief officer may need to consider seekingthe advice of counsel. Section 57(4) providesthat “premises” shall include any land. Theborrower may be of any age but an offencemay be committed under section 22(3) if aminor under the age of 15 is not supervisedby a person over 21 years of age.

6.15 Similarly, section 11(6) of the 1968 Actallows an individual, without holding a shotgun certificate, to use a shot gun at a timeand place approved for shooting at artificialtargets by the chief officer of police for thearea in which that place is situated. As theapproval of such time and place is prescribedby law and there may be duty of care issuesinvolved, chief officers may wish not onlyto satisfy themselves that such events areproperly conducted and supervised, but alsoto establish that there are no public safetyissues involved. When an exemption isgranted, the chief officer should advisethe organiser that they are responsible forensuring, so far as is practicable, thatadequate precautions are taken for the safetyof the participants and any spectators. Shootsat which participants hold certificates do notrequire an exemption under section 11(6).

Organisers operating in conjunction withbusiness, such as corporate entertainment,will have additional responsibilities underthe Health and Safety at Work Act.

Borrowed rifles on private premises

6.16 Section 16(1) of the 1988 Act enables aperson to borrow a rifle from the occupierof private premises and to use it on thosepremises in the presence of either theoccupier or their servant without holding afirearm certificate in respect of that rifle. Itshould be noted that this gives slightly moreflexibility in the use of a borrowed rifle thanis permissible with the use of a shot gunas described in paragraph 6.14, in that theborrowed rifle can also be used in thepresence of the servant of the occupier.However, the occupier and/or their servantmust hold a firearm certificate in respect ofthe firearm being used, and the borrower,who must be accompanied by the certificateholder (whether it is the occupier or theirservant), must comply with the conditionsof the certificate. These may include asafekeeping requirement and, in some cases,territorial restrictions. Section 57(4) of the1968 Act defines “premises” as including anyland. The effect of the provision is to allowa person visiting a private estate to borrowand use a rifle without a certificate. Theexemption does not extend to persons underthe age of 17 or to other types of firearm.There is no notification required on theloan of a firearm under these circumstances.A borrowed rifle should not be specificallyidentified as such on a “keeper’s” or“landowner’s” firearm certificate. The term“in the presence of” is not defined in lawbut is generally interpreted as being withinsight and earshot.

6.17 Section 16(2) of the 1988 Act providesfor a person borrowing a rifle in accordancewith section 16(1) of the 1988 Act topurchase or acquire ammunition for use inthe rifle, and to have it in their possessionduring the period for which the rifle isborrowed, without holding a certificate. Theborrower’s possession of the ammunitionmust comply with the conditions on thecertificate of the person in whose presencethey are and the amount of ammunition

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borrowed must not exceed that which thecertificate holder is authorised to have intheir possession at that time. It should benoted that the borrower may only takepossession of the ammunition during theperiod of the loan of the rifle at which timethey will be in the presence of the certificateholder. If the persons selling or handingover the ammunition are not certificateholders, it may be necessary for them tosee the certificate to satisfy themselves thatthe terms of this section have been met andthat the amount of ammunition the borrowerwishes to acquire is no greater than thatwhich the certificate holder is authorisedto possess. However, the details of thetransaction need not be recorded onthe certificate.

6.18 Section 16A of the 1988 Act allows aperson to possess firearms and ammunitionon service premises without holding acertificate or an authority from the Secretaryof State or the Scottish Ministers providedthey are under the supervision of a memberof the armed forces. This was intended toapply to “Open Days” on military bases(and could include military training areas)and similar occasions, and does not allowcivilians to handle firearms away from servicepremises, even under supervision.

Auctioneers, carriers, warehousemen andtheir servants

6.19 The exemption in section 9(1) of the1968 Act is limited to possession in theordinary course of the business of theauctioneer, carrier or warehouseman.However, to sell firearms and ammunitionby auction, expose for sale by auction orhave in their possession for sale by auction,an auctioneer still requires a permit issued bythe chief officer of police for the area inwhich the auction is to be held (seeparagraph 6.23 below for more detail). Whenauctioneers are selling firearms or shot guns,or ammunition for either, they should ensurethat the persons purchasing the items eitherhave the relevant certificate or permit, or areable to show that they are exempt fromthe requirement for such a certificate (seeparagraph 5.15).

6.20 Section 14 of the 1988 Act requires thatan auctioneer, carrier or warehouseman takesreasonable precautions for the safe custodyof the firearms or ammunition in their ortheir servants’ possession in the course oftheir business. The loss or theft of any suchfirearm or ammunition must also be reportedto the police immediately. Section 2 shot gunammunition is outside the scope of thisprovision because its possession is notsubject to certificate control.

6.21 It is considered that section 9(1) ofthe 1968 Act does not exempt auctioneers,carriers or warehousemen from therequirement to have a section 5 authorityin respect of any prohibited weapon orprohibited ammunition which they maypossess, whether in the ordinary course ofbusiness or otherwise. This is because, insection 57(4) of the 1968 Act, the word“certificate” is defined as meaning a “firearmcertificate” or a “shot gun certificate”. It istherefore considered that the reference to a“certificate” in section 9(1) of the 1968 Actdoes not also include an authority grantedunder section 5 of the 1968 Act.

6.22 It is the Secretary of State’s viewtherefore, that for auctioneers, carriers orwarehousemen to take possession of anyprohibited weapons or ammunition in GreatBritain they must first have an authoritygranted by the Secretary of State under theprovisions of section 5 of the 1968 Act.It should be noted that “possession” relatesnot only to physical possession and that aperson exercising direction and control overprohibited items might also be said to be inpossession of them (see Chapter 3 for detailsof the procedure for seeking the Secretary ofState or the Scottish Ministers’ authority).

Auctioneers’ permits

6.23 Section 9(2) of the 1968 Act providesthat auctioneers may, without being registeredas firearms dealers, sell by auction, expose forsale by auction, or have in their possessionfor sale by auction, firearms or ammunitionto which section 1 of the 1968 Act applies,or shot guns, if they have obtained from thechief officer of police of the area in whichthe auction is held, a permit in the prescribed

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form. Auctioneers who deal regularly infirearms may wish to register as firearmsdealers. It is the duty of auctioneers to satisfythemselves, by requiring the production ofcertificates or other authorities, that thepurchasers of the firearms or ammunitionare lawfully entitled to possess them. Theprescribed form of permit requires theauctioneer to inform the chief officerforthwith of the name and address of anyperson other than a registered firearmsdealer, purchasing or acquiring any firearmor ammunition to which the permit refers.Because legislation is not specific on thissubject, licensing authorities may wish toconsider granting an auctioneer’s permit notjust for the day of the sale but for a periodboth before and after the sale. This wouldallow the auctioneer to collect the firearmsand/or shot guns and, for an appropriateperiod after the sale, to allow for unsoldfirearms/shot guns to be returned orotherwise disposed of.

Slaughtering instruments and ammunition

6.24 Persons licensed under section 39 of theSlaughterhouses Act 1974 or section 2 of theSlaughter of Animals (Scotland) Act 1928may possess slaughtering instruments andammunition for it without a certificate in anyslaughterhouse or knacker’s yard in whichthey are employed (section 10(1) of the1968 Act). Furthermore, the proprietor of aslaughterhouse or knacker’s yard may,without holding a certificate, possess aslaughtering instrument and ammunition forit in order to store them in safe custody atthat slaughterhouse or knacker’s yard. Thisapplies equally to a person appointed by theproprietor to take charge of slaughteringinstruments and ammunition for them forthat purpose (section 10(2) of the 1968 Act).Except in these circumstances, possession ofa slaughtering instrument away from theslaughterhouse or knacker’s yard will requirea firearm certificate. Section 10(1) of the 1968Act does not permit purchase or acquisitionof a slaughtering instrument or ammunitionfor it without a certificate (but see Chapter20 as to the grant of free certificates).

6.25 Butchers may sometimes find itnecessary to hire or borrow a slaughtering

instrument for the purpose of their business,for example when their own slaughteringinstruments need repair. If they have to applyon each occasion for a variation on theirfirearm certificates to authorise the temporaryacquisition of an additional instrument,there may be delay and inconvenience. Thenecessity for variations may, however, beobviated if the certificate contains an entryauthorising the acquisition of an additionalinstrument by hiring or borrowing wheneverthe instrument which the holder normallyuses, as authorised by the certificate, is forany reason not available for use. Such anentry may be made in that part of thecertificate authorising purchase or acquisitionwhen it is granted or, subsequently, by wayof variation.

6.26 It is suggested that this course shouldbe adopted in any case in which butchersor other people who hold, or are entitled tohold, a free certificate under section 32(3)(c)of the 1968 Act in respect of a slaughteringinstrument satisfy the chief officer of policethat they may need occasionally to hire orborrow an additional instrument to enablethem to carry on their work when their owninstrument needs attention or repair. Theperson providing the hired or borrowedinstrument must complete the appropriateTable on the borrower’s certificate andnotify the transaction to the chief officerin accordance with sections 32 to 35 ofthe 1997 Act.

6.27 Under section 3(3) of the 1968 Act,a person is prohibited from undertakingthe repair, test or proof of a firearm orammunition to which section 1 of the 1968Act applies, or a shot gun, unless the personseeking the repair or other work produces acertificate authorising their possession of thefirearm or ammunition, or shows that theyare entitled to have it without a certificate.Licensed slaughterers, proprietors ofslaughterhouses or knacker’s yards, andpersons appointed by such proprietors totake charge of slaughtering instrumentsand ammunition, are entitled to havepossession of such instruments andammunition without holding certificates,but only in the slaughterhouses or knacker’s

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yards in which they are employed or ofwhich they are the proprietors.

6.28 Under section 2(a) of the 1997 Act aperson authorised by a firearm certificate topossess, purchase or acquire a slaughteringinstrument does not need the authorisationof the Secretary of State to possess, purchase,acquire, sell or transfer a slaughteringinstrument which falls within section 5(1)(aba)of the 1968 Act, that is small firearms.

6.29 Similarly, under section 2(b) of the 1997Act, authority under section 5 of the 1968Act is not required for possession of aslaughtering instrument to which section5(1)(aba) of the 1968 Act applies if a personis entitled to possess such an instrumentwithout a firearm certificate under section 10of the 1968 Act.

Gun bearers

6.30 Section 11(1) of the 1968 Act exemptsfrom the certificate requirement a personcarrying a firearm or ammunition to whichsection 1 of the 1968 Act applies, or shotguns, under the instruction of another personwho holds a certificate and for that otherperson’s use for sporting purposes only. Itdoes not entitle the bearer to use the firearmor shot gun. The Courts have found thatthis exemption does not extend to unlimitedtransport of the firearms concerned, forexample by a chauffeur driving from onetown to another, in which instance acertificate or permit would be required.

Controlling races

6.31 Section 11(2) of the 1968 Act authorisesthe possession, without a certificate, of afirearm at an athletic meeting for thepurpose of controlling races at that meeting.This section does not, however, authorisethe purchase or acquisition, without acertificate, of a firearm for such purposes.The possession of ammunition is notauthorised, but blank ammunition notexceeding one inch in diameter may beheld without a certificate.

6.32 Under section 5 of the 1997 Act, noauthority is required under section 5(1)(aba)

of the 1968 Act for a person to possess afirearm at an athletic meeting for thepurpose of controlling races at that meeting.Furthermore, a person does not needauthority under section 5(1)(aba) of the 1968Act to possess, purchase, acquire, sell ortransfer a firearm that is held on certificatewith a condition that it is only to be used forcontrolling races at athletics meetings. Thereason for this exemption is that majorathletics events require starting guns whichare classed as firearms and are able not onlyto produce a very loud bang but also a highlyvisible flash from the muzzle end of the gunto facilitate accurate timing. This is notapplicable to cycling races or other similarevents. In practice, only those starters whohave qualified by passing the UK TechnicalOfficials examination for starters, andcompleted their probationary period (orGrade 3 officials who have previously beengranted a certificate and are applying for arenewal), are likely to be able to make outa case for possession of handguns. Moststarting pistols, such as the ones used atschool sports days, do not have an openbarrel and are not classed as firearms.Nevertheless, it is important to note that thelegislation does not refer explicitly to UKAthletics Ltd authorised starters. Althoughmost unlikely, there may be other starterswho can make a convincing case forpossessing such firearms.

6.33 Starting cannon used by yacht clubsare, provided that they were designed assignalling apparatus, exempt from theprohibition on small firearms contained insection 5(1)(aba) of the 1968 Act. However,persons wishing to possess such startercannon must nevertheless be in possessionof a firearm certificate.

Rifle and pistol clubs and cadet corps

6.34 These are dealt with separately inChapter 18.

Firearms taken to and from Proof Houses

6.35 Under section 58 (1) of the 1968 Actany person carrying firearms to or from theproof houses is exempt from the provisions

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of the Act, so long as the firearms are beingcarried for the purposes of proof.

Theatrical, film and television productions

6.36 Section 12(1) of the 1968 Act authorisesthe possession, without holding a certificate,by any person taking part in a theatricalperformance or rehearsal or in the productionof a film, of a firearm during and for thepurpose of the performance, rehearsal orproduction. (This may be taken to applyequally to television productions.) The sectiondoes not, however, authorise the purchase oracquisition, without a certificate, of a firearmfor such purposes. A number of specialistregistered firearms dealers hold stocks offirearms specifically for theatrical orfilm/television productions. These dealerstransport the firearms to the productionwhere they remain under their control andsupervision whilst in use by the actors orproduction staff.

6.37 Theatrical, television or film producerswho wish to acquire firearms for the purposeof their production must obtain certificates.In such cases the fact that the firearm willbe handed to and carried by actors in theproduction will, in the case of firearms towhich section 1 of the 1968 Act applies, as arule justify the addition of special conditionsto the firearm certificate (see Appendix 3).

6.38 In some cases arrangements are made bythe theatrical, television and film producersto hire firearms for the purpose of theirproductions. It may be desirable in casesinvolving firearms to which section 1 of the1968 Act applies to make it clear on thefirearm certificate that the firearms specifiedmay be hired only once unless second orsubsequent hirings are authorised by specificvariations of the certificate. In such cases thecertificate might also bear a special condition(see Appendix 3).

6.39 Section 8(2)(a) of the 1968 Act enablesthe producer to part with the possession ofthe firearms to the persons taking part in theperformance or production.

6.40 Section 12(1) of the 1968 Act doesnot authorise the possession of ammunition.

In view of the exemption for blank cartridgesnot exceeding one inch in diameter, it isnot an offence for persons taking part ina theatrical or television performance orrehearsal or the production of films to usesuch blank cartridges. A firearm certificateauthorising the acquisition of firearms towhich section 1 of the 1968 Act applies forthe purposes specified in section 12, shouldnot normally authorise the acquisition orpossession of ammunition. In the absence ofany relevant Court rulings, chief officers ofpolice will need to consider any applicationson their individual merits, mindful of theneed for consistent administration of theActs. There might be value in distinguishingbetween historical plays and presentations,where there are costumed characters in apublic presentation for which firearms andblank ammunition may be needed as propsand there is some form of script andrehearsals, and battle re-enactment, where itwould be more likely that the exemptionwould not apply. Section 12 does notextend to prohibited firearms. However,under section 12(2), the Secretary of Statemay authorise a person in charge of atheatrical or television performance orrehearsal or the production of films topossess weapons prohibited under section5(1)(a) of the 1968 Act and also authoriseselected other persons to have possessionof those weapons while taking part in theperformance, rehearsal or production.

Ship and hovercraft equipment

6.41 No certificate is necessary to authorisethe possession of firearms and ammunitionon board ship as part of the ship’sequipment (section 13(1)(a) of the 1968Act). (A certificate is, however, required toacquire.) Under section 13(1)(c) of the 1968Act a police officer may issue a permit (form115) authorising the removal of a firearm towhich section 1 of the 1968 Act applies (butnot ammunition) or a shot gun, to or from aship for any purpose specified in the permit.Although there is no legal definition of whatconstitutes a “ship”, in the absence of aCourt ruling this effectively means a vesseldesigned to be ocean-going rather than onefor travel on inland waterways.

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Note: Article 4 of the Hovercraft(Application of Enactments) Order 1972,taken in conjunction with Schedule 1 to theOrder provides, amongst other things, thatany reference in the 1968 Act in whateverterms to ships, vessels, boats or activities orplaces connected therewith shall include areference to hovercraft or activities or placesconnected with hovercraft.

Signalling apparatus on aircraft orat aerodromes

6.42 Section 13(1)(a) of the 1968 Act alsoapplies to the possession of signallingapparatus (for example, Very pistols) andammunition for it (but not to other types offirearms and ammunition) which are requiredas part of the equipment of an aircraft or anaerodrome. Section 13(1)(b) of the 1968 Actprovides for such apparatus and ammunition,which are part of the equipment of aircraft,to be stored in safe custody at an aerodromeand to be removed between the place ofstorage and the aircraft, or from one aircraftto another at an aerodrome, without thenecessity for a certificate or permit.

6.43 A permit on form 115 may be issuedunder section 13(1)(c) of the 1968 Act tocover any other case of removal ofsignalling apparatus.

6.44 A firearm certificate is necessary toauthorise the purchase or acquisition ofsignalling apparatus and ammunition thereforbut this may be issued free of charge(see also Chapter 20 on fees).

Birdscaring

6.45 In the main there are two types offirearm used for birdscaring, a necessarysafety measure at airfields: a firearmdesigned as signalling apparatus andmodified accordingly (for example, amodified Very pistol) or a firearm purpose-built for birdscaring, almost withoutexception 12 bore. Where the firearm wasdesigned as signalling apparatus, it would notbe prohibited under section 5(1)(aba) of the1968 Act even though it was now being usedfor birdscaring. Persons wishing to purchaseor acquire such firearms can also benefitfrom the provisions in section 32(3)(b) ofthe 1968 Act in that no fee is payable wherethe certificate relates solely to signallingapparatus which the applicant requires as partof the equipment of the aerodrome. Thecertificate should, however, be conditionedto the effect that the firearm should be usedonly for signalling purposes and birdscaring(see Appendix 3).

6.46 It should be noted that most cartridgesused for these purposes contain a singleprojectile and are therefore subject to section1 of the 1968 Act. Also, firearms specificallydesigned for birdscaring (not signalling) fallunder section 5(1)(aba) of the 1968 Act(prohibited weapons) if they have a barrelless than 30cm, or are less than 60cm inoverall length. Firearms specifically designedfor birdscaring, and used for that purpose(rather than for signalling as part of theequipment of an aircraft or aerodrome),also attract a fee when held on certificate.

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7.1 This Chapter explains how sections 22,23 and 24 of the 1968 Act place restrictionson the purchase, acquisition and possessionof firearms by, and the transfer thereof to,young persons. For ease of reference,Appendix 4 provides a summary of thelegislative requirements in this area.

Persons under the age of seventeen

7.2 Sections 22(1) and 24(1) of the 1968 Actprohibit the purchase or hire by, and the saleor letting on hire to, a person under the ageof 17, of a firearm or ammunition. For thepurpose of these sections, the expressions“firearm” and “ammunition” include allclasses of firearms and ammunition fallingwithin the definitions of section 57(1) ofthe 1968 Act, and not only those to whichsections 1 and 2 apply (see Chapter 2). Inparticular, this means that a young personunder seventeen cannot buy a low-poweredair weapon and/or ammunition for it.

7.3 Section 22(5) of the 1968 Act makes itan offence for any person under the age ofseventeen to have an air weapon with themin any public place except:

a) as a member of an approved club whileengaged as such in or in connection withtarget shooting (Section 23(2)(a) of the1968 Act); or

b) while at a shooting gallery where only airweapons or miniature rifles not exceeding.23 inch calibre are used (section 23(b) ofthe 1968 Act); or

c) where the air gun or an air rifle (butnot an air pistol) is so covered with asecurely fastened gun cover so that itcannot be fired;

It is an offence for a person under the ageof seventeen to be in possession of an air

pistol in any public place except as at (a)and (b) above.

7.4 A public place for this purpose includesany highway and any other premises towhich, at the material time, the public haveor are permitted to have access, whether forpayment or otherwise (section 57(4) of the1968 Act). For example, a shop or a cinemawould be a “public place” even though it wasprivate property.

Persons under the age of fifteen

7.5 Under section 22(3) of the 1968 Act it isan offence for any person under the age offifteen to have an assembled shot gun withthem unless:

a) they are either under the supervision of aperson aged twenty-one or over; or

b) the gun is so covered with a securelyfastened gun cover that it cannot be fired.

Note: the Act does not require the supervisorto be a certificate holder, although this isclearly preferable.

7.6 The Act does not prohibit a personunder fifteen from having a shot guncertificate. Nor does it exempt them fromthe need to have a shot gun certificate inorder to have an assembled shot gun in theirpossession in the circumstances describedabove. It is for the chief officer of police todecide whether a shot gun certificate shouldbe granted to a person under fifteen “withoutdanger to the public safety or to the peace”,just as is the case if the applicant was over15. Each case should always be assessedon its own merits. It is usual in such casesthat the child’s parents, guardian or otherresponsible adult will supervise the young

31

Chapter 7YOUNG PERSONS

person and take responsibility for the gunwhen not in use.

7.7 Under Section 24(3) of the 1968 Act itis an offence to make a gift of a shot gunor ammunition for a shot gun to a personunder the age of fifteen. The effect of thisprovision is to ensure that persons under15 years of age may not be given guns oftheir own, which may otherwise tempt themto shoot unsupervised; it does not preventthem from being taught to shoot undersupervision. It is in the interests of safety thata young person who is to handle firearmsshould be properly taught at a relatively earlyage. It should be noted that the offence iscommitted by the giver of the shot gun, notthe young person who receives it.

Persons under the age of fourteen

7.8 Sections 22(2) and 24(2)(a) and (b) of the1968 Act deal with persons under the ageof fourteen and relate only to firearms andammunition to which section 1 of the 1968Act applies, which (by virtue of the 1982Act) includes replicas which can be readilyconverted to fire. Under section 24(2)(a) suchfirearms may not be given or lent to a personunder fourteen (though it is not an offenceby the young person to receive them).

7.9 Section 22(2) prohibits persons under theage of fourteen from having with them anysuch firearms or ammunition except incircumstances where they are entitled byvirtue of sections 11(1), (3) or (4) of the 1968Act or section 15(1) of the 1988 Act to havepossession of them without holding a firearmcertificate. These include possession at rifleclubs, on a miniature rifle range or as amember of a cadet corps. Except in suchcircumstances, it is an offence under section24(2)(b) to part with the possession of anyfirearms or ammunition to which section 1applies to a person who is under the age offourteen (though it is not an offence by theyoung person to receive them).

7.10 Sections 22(4), 23(1) and 24(4) of the1968 Act also deal with persons under theage of fourteen and relate to air weapons(that is, air guns, air rifles and air pistols).Under section 24(4)(a) it is an offence to

make a gift of an air weapon, or ammunitionfor it, to a person under the age of fourteen.It is not an offence on the part of the youngperson to receive the weapon or ammunition(see paragraphs 7.11 and 7.12 below).

7.11 Under section 22(4) of the 1968 Actit is an offence for a person under the ageof fourteen to be in possession of an airweapon, or ammunition for it, except:

a) as a member of an approved club whileengaged as such in or in connection withtarget shooting (section 23(2)(b)) of the1968 Act; or

b) while at a shooting gallery where only airweapons or miniature rifles not exceeding.23 calibre are used (section 23(2)(b) of the1968 Act); or

c) while shooting under the supervision of aperson aged twenty-one or over on privatepremises (including land), and providingthat the missile is not fired beyond thosepremises (section 23(1)(a) of the 1968 Act).

Under section 23(1)(b) of the 1968 Act it isan offence for the supervisor to allow theperson under fourteen to use an air weaponfor firing any missile beyond the premises.

7.12 It is an offence under section 24(4)(b)of the 1968 Act to part with the possessionof an air weapon, or ammunition for it, toa person under the age of fourteen exceptwhere they are entitled to have it withthem by virtue of the exemptionsmentioned above.

7.13 Section 24(5) of the 1968 Act providesthat, in proceedings for an offence under anyof the provisions relating to the transfer offirearms to young persons, it is a defenceto prove that the person charged with theoffence believed the other person to be of orover the age mentioned in that provision andhad reasonable ground for the belief.

Acquisition and possession byyoung persons

7.14 A person under fourteen may notbe granted a firearm certificate in anycircumstances. However, there may be someoccasions where a parent is granted such a

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certificate, or an existing certificate is varied,in respect of a child under fourteen, forexample where the child will be participatingin competitive target shooting. In theseinstances, the child would be expected toprovide the primary “good reason” for thepossession of the firearm. Both the parentand the child would be subject to thenecessary background checks.

7.15 A person under seventeen isprohibited by section 22 of the 1968 Actfrom purchasing or hiring any firearm orammunition defined by sections 57(1) and(2) of that Act, or as defined by section 1of the 1982 Act (readily convertiblereplicas). This includes convertible imitationfirearms, smooth-bore guns, air weapons,shot cartridges, blank ammunition and pelletsfor air weapons. There are ways that theycan legitimately acquire (for example, byaccepting these as a gift or by borrowing)the firearms and ammunition exempted fromsections 1 and 2 of the 1968 Act (that is, airweapons not declared specially dangerous),but their possession of them is limited inthe ways indicated in paragraphs 7.2 to7.4. They may also acquire other than bypurchase or hire, firearms or ammunition towhich section 1 of the 1968 Act applies,providing that they are in possession of avalid firearm certificate which applies to thefirearms or ammunition concerned.

7.16 A person over fifteen but underseventeen may similarly acquire, other thanby purchase or hire, shot guns to whichsection 2 of the 1968 Act applies providingthat they are in possession of a valid shotgun certificate.

7.17 It follows from what is said in theprevious paragraph that a firearm certificatemay not be granted to a person between theages of fourteen and seventeen to allow themto purchase or hire firearms or ammunition.A certificate can be granted authorisingpossession, as well as acquisition in otherways (for example by borrowing or byreceiving as a gift). The form of applicationfor both firearm and shot gun certificatesrequires the applicant to state their dateof birth.

7.18 A young person holding a firearm orshot gun certificate may reach the age ofseventeen during the life of the certificate.In these cases, it must be made clear to theholder that they may not purchase or hireany firearm or ammunition before the date oftheir seventeenth birthday. This advice shouldtake the form of a notice added to thecertificate (see Appendix 3).

7.19 When a parent or other adult wishes topurchase a firearm to which section 1 of the1968 Act applies for presentation to a youngperson between the ages of fourteen andseventeen, both the adult and the youngperson must be in possession of certificates,or other lawful authority (for example, aswould be given to a member of a cadetcorps). The former will need the authorityto enable them to purchase, and the latterto enable them to acquire and possess thefirearms and ammunition. The same principlewould apply to a shot gun to which section 2of the 1968 Act applies for presentation to ayoung person between the ages of fifteen andseventeen. In some cases the parent or otheradult may wish the firearm to appear onboth certificates so that they can supervisethe young person concerned. However, thesupervisor of a young person over the age offourteen need not be a certificate holder, andthose under the age of seventeen and overthe age of fourteen need not be supervisedat all times.

7.20 The gift of a firearm or ammunition towhich section 1 of the 1968 Act applies bythe donor to the young person must benotified, in accordance with section 42(1) ofthe 1968 Act, to the chief officer of policewho issued the certificate to the youngperson or in the case of a shot gun, inaccordance with section 4(2) of the 1988 Act.

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34

8.1 Section 58(2) of the 1968 Act exemptsfrom the provisions of the Act – includingcertificate controls under sections 1 and 2and prohibition under section 5 – all antiquefirearms which are sold, transferred,purchased, acquired or possessed as curiositiesor ornaments. The word “antique” is notdefined in the Act and it is for the chiefofficer of police and for the Courts toconsider each case on its merits. However, itis suggested that the categories in this Chaptershould be used as a guide in deciding whethera particular firearm might be considered an“antique” for these purposes.

8.2 In issuing guidance on this matter, theHome Office has always taken the view thatthis term should be taken to cover thosefirearms of a vintage and design such thattheir free possession does not pose a realisticdanger to public safety.

8.3 In making recommendations on this issue,the Firearms Consultative Committee (FCC)started from the premise that public safetyconsiderations must be uppermost, and thosearms which are commonly used in crimeshould remain subject to certificate control,irrespective of age.

8.4 It remains the case that where an antiquefirearm is possessed for any other purposethan as a “curiosity or ornament”, all theprovisions of the Firearms Acts from 1968 to1997 will continue to apply, including thoserelating to certificate requirements. The intentto fire the gun concerned, even with blankcharge or ammunition (for example for thepurposes of historical re-enactment displays),would take it beyond the terms of “curiosityor ornament”. This does not preclude thepossession of such firearms on certificate forthe purposes of collection and occasional

firing. Where the “good reason” forpossession is collection and not targetshooting, section 44 requiring membership ofa club to be named on the certificate is notapplicable. In the case of such firearms whichmight otherwise benefit from section 58(2),but where the owner wishes to fire them fortest, research, re-enactment, target shooting orcompetition purposes, no test of frequency ofuse should be applied: the primary reason forpossession may be collection, and the ownermay properly not wish to subject such anarm to the wear and tear of regular use. Anantique may therefore be brought on tocertificate or removed, as the case might be,from time to time or where there is a changein ownership. A signed statement of intentshould be sufficient to effect the necessarychange of status when required. A variationfee would become payable where an“antique” is brought onto certificate toallow it to be fired.

Part I: Old weapons which shouldbenefit from exemption as antiquesunder section 58 (2) of the FirearmsAct 1968

8.5 Pre-1939 weapons to benefit fromexemption as antiques are as follows:

a) All muzzle-loading firearms;b) Breech-loading firearms capable of

discharging a rimfire cartridge other than4mm, 5mm, .22 inch or .23 inch (or theirmetric equivalents), 6mm or 9mm rimfire;

c) Breech-loading firearms using ignitionsystems other than rimfire and centrefire(These include pin-fire and needle-fireignition systems, as well as the moreobscure lip fire, cup-primed, teat fireand base fire systems);

Chapter 8ANTIQUE FIREARMS

d) Breech-loading centrefire arms originallychambered for one of the obsoletecartridges listed in Appendix 5 and whichretain their original chambering;

e) Shot guns and punt guns chambered forthe following cartridges (expressed inimperial measurements): 32 bore, 24 bore,14 bore, 10 bore (25/8 and 27/8 inch only),8 bore, 4 bore, 3 bore, 2 bore, 11/8 bore,11/4 bore and 11/2 bore, and vintage puntguns and shot guns with bores greater than10. It also includes vintage (pre-1939) riflesin these bores.

Note (i) – The exemption does not applyto ammunition, and the possession of liveammunition suitable for use with anotherwise antique firearm may indicate thatthe firearm is not possessed as a curio orornament.

Note (ii) – The exemption does not applyto firearms of modern manufacture whichotherwise conform to the description above.For these purposes, “modern manufacture”should be taken to mean manufacture afterthe outbreak of the Second World War in1939. Fully working modern firing replicas ofmuzzle-loading and breech-loading firearms,for example those used to fire blanks byhistorical re-enactment societies but capableof firing live ammunition, must be held oncertificate. This includes replica pieces ofordnance that are to be fired; some replicashave been produced with a true bore size ofjust under 2 inches, thus enabling possessionand use on a shot gun certificate, but withsignificant counter-boring at the muzzle topreserve the necessary appearance of externalvisual authenticity.

Old firearms which should notbenefit from the exemption asantiques under section 58(2) ofthe Firearms Act 1968

8.6 Old firearms which should not benefitfrom the exemption as antiques are set outbelow. This list is not exhaustive and theremay be other types and calibres of firearmsthat should be considered “modern” ratherthan “antique”:

a) Shot guns and smooth-bored guns,including shot pistols, chambered forstandard shot gun cartridges, .22 inch, .23inch, 6mm and 9mm rimfire cartridges;

b) Rifles and handguns chambered for 4mm,5mm, .22 inch, .23 inch, 6mm or 9mmrimfire ammunition;

c) Revolvers, single-shot pistols and self-loading pistols which are chambered for,and will accept centrefire cartridges ofthe type .25, .30, .32, .38, .380, .44, .45,.450, .455 and .476 inch, or their metricequivalents including 6.35mm, 7.62mm,7.63mm, 7.65mm, 8mm and 9mm,unless otherwise specified in the listin Appendix 5;

d) Modern reproduction firearms or oldfirearms which have been modified toallow the use of shot gun cartridges orcartridges not listed in Appendix 5;

e) Extensively modified weapons;f) Signalling pistols chambered for 1 and

11/2 inch cartridges or 26.5mm/27mmcartridges;

g) Pump-action and self-loading centrefirerifles, except those examples originallychambered for one of the obsoletecartridges listed at Appendix 5 andretaining that original chambering, maybenefit from exemption as antiquesunder section 58(2) of the 1968 Act(as amended).

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Chapter 8ANTIQUE FIREARMS

9.1 The Firearms (Amendment) Act 1997places most handguns in the category of“prohibited weapons”, which can only bepossessed under the authority of theSecretary of State. However, section 7 ofthe 1997 Act provides an exemption forownership of certain classes of historichandguns by private individuals providingcertain conditions are met.

9.2 This Chapter provides guidance onhow section 7 might be applied in practice.However, this guidance has no statutory orlegal authority. Decisions as to whether theterms of section 7 have been met and thediscretion to grant or refuse a firearmcertificate rest with chief officers of police,as set out in the 1968 Act. The interpretationof the law remains a matter for the Courtsto decide.

9.3 If the owner of a firearm wishes topossess a handgun under section 7, the chiefofficer of police must be satisfied that thefirearm is one to which the provisions ofsection 7 apply. The burden therefore restswith the owner to provide evidence that thehandgun concerned falls within the scope ofsection 7. This guidance sets out the issuesand the evidence which the police may wishto consider in deciding whether to grant afirearm certificate in these circumstances.

Section 7 of the 1997 Act

9.4 The text of Section 7 is as follows:

Section 7: Firearms of historic interest:

(1) The authority of the Secretary of State is notrequired by virtue of subsection (1) (aba)of section 5 of the 1968 Act for a personto have in his possession, or to purchase

or acquire, or to sell or transfer, a firearmwhich:

(a) was manufactured before 1 January 1919;and

(b) is of a description specified undersubsection (2) below,

if he is authorised by a firearm certificate to havea firearm in his possession, or to purchase oracquire it, subject to a condition that he does soonly for the purpose of its being kept or exhibitedas part of a collection.

(2) The Secretary of State may by order made bystatutory instrument specify a description offirearm for the purposes of subsection (1)above if it appears to him that:

(a) firearms of that description weremanufactured before 1 January 1919 and;

(b) ammunition for firearms of that type isnot readily available.

(3) The authority of the Secretary of State isnot required by virtue of subsection 1(aba)of section 5 of the 1968 Act for a personto have in his possession, or to purchase oracquire, or to sell or transfer, a firearmwhich:

(a) is of particular rarity, aesthetic quality ortechnical interest; or

(b) is of historical importance.

if he is authorised by a firearm certificate to havethe firearm in his possession subject to a conditionrequiring it to be kept and used only at a placedesignated for the purposes of this subsection bythe Secretary of State.

(4) This section has effect without prejudice tosection 58(2) of the 1968 Act (antiquefirearms).

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Chapter 9HISTORIC HANDGUNS

9.5 In broad terms, section 7 divides historicpistols, other than antiques and muzzle-loaders, into two classes: those which may bekept at home without ammunition, and thosewhich may be kept and fired at a designatedsecure site.

9.6 Set out below is an explanation of how theterms of section 7 might apply in practice:

Historic handguns which might bekept at home

9.7 The police may grant a firearm certificatefor a firearm to be kept at home (as opposedto at a designated site) under the terms ofsection 7(1) if the normal criteria for thegrant of a certificate are satisfied and if thefirearm meets all of three tests:

i) it must be of a kind for which theSecretary of State has decided thatammunition is not readily available;

ii) the actual gun (not just the make ormodel) must have been manufacturedbefore 1 January 1919; and

iii) the gun must be kept or exhibited aspart of a collection.

9.8 Section 7(2) gives the Secretary of Statethe power to list by Statutory Instrumentthose firearms to which section 7(1)(a)applies. In the interests of brevity and clarity,this has been drafted as a list of firearmswhich are not covered by section 7(1) andmay not be kept at home. These representboth those cartridges used in rifles andcarbines which can be purchased lawfully,and those calibres in common internationalcirculation which are regularly used in crimein the UK. The Statutory Instrument statesthat the following types of firearm are subjectto section 7(1):

All small firearms as defined by section 5(1)(aba)of the Firearms Act 1968 (small firearms) exceptthose chambered for the following types ofammunition:

.22" rimfire

.25" Auto/6.35mm

.25" – 20

.32" Auto/7.65mm

.32" – 20 /.32" Winchester

.32" Smith & Wesson Long7.62mm Soviet Tokarev.38" 40 Winchester.380" Auto/9mm short9mm Luger/Parabellum/9x19mm.38 Smith & Wesson.38" Special.380" British Service/.38-200.44" Special.44" – 40 Winchester.45" Auto pistol .45" Long Colt

9.9 This is a statutory provision, and anygun chambered for the above types ofammunition cannot benefit from theprovisions of section 7(1) and (2). The policehave no power to waive the terms of theStatutory Instrument and allow firearms ofthese chamberings to be kept at home.Likewise, further calibres can only be declared“readily available” by the Secretary of State.Handguns covered by the list would include,for example, the Browning Models 1900,1906 and 1910, the Colt 1917 in .45" ACP,the Mauser c96 in 9mm Parabellum, the P08Luger in 9mm, and the Webley 1906 as theammunition for these is readily available.However, guns of these types might benefitfrom the terms of section 7(3).

9.10 As well as being a type for whichammunition is not readily available, theindividual gun (not just the make or model)must have been manufactured before1 January 1919. This date was chosen toinclude both guns of the First World War eraand the work of the smaller gunsmiths in theUK or abroad who ceased production beforeor during the Great War. This is a statutoryrequirement, and the police cannot grant afirearm certificate for a pistol made after thisdate to be kept at home under section 7(1).The police will therefore wish to be satisfiedthat the gun falls within this category.

9.11 Certain types of gun stopped beingmade before 1919. These would includethe following:

Adams revolversTranter revolversLancaster four and two-barrelled pistols(“howdah pistols”)

37


Kynoch revolversWilkinson revolversEnfield Mk I and Mk II .476 service revolversColt: Model 1873 and Model 1878 revolvers in.450, .455 and .476 calibreSmith & Wesson Model No.3 revolver in .450,and .455 calibreSmith & Wesson .22 rimfire tip-up Model 1First, Second and Third Issues. These can beidentified by the barrel being tipped upwards beforethe cylinder can be removed for reloading. Webley No.4 and No. 4 1/2 (the Webley Pryserevolver), Wilkinson Model 1892, WebleyKaufman, Webley WG models 1889, 1891,1892, 1893, Webley WG Army Model,Webley WG target modelWebley pistols chambered for .455self-loading(rimless) cartridgesDutch 10mm model 1894

9.12 Certain types of gun were made onlyafter 1919, and would not fall into thiscategory. Examples would be the following:

Astra: 400, 600 and 900 pistolsBeretta: M 1934 pistol M 1935 pistolBrowning FN: Model 1922 pistol, Model1935 (also known as GP, Grand Puissanceor High Power) in 9mm ParabellumColt: Official Police and Detective SpecialrevolversEnfield: Service revolvers No. MkI, MkI*and MkI** Frommer: Model .37 pistol MAB: Model D pistol Mauser: Model 1934 pistol and ModelHSC pistol Radom: VIS 35 pistolSauer: Model 38 H pistolSmith & Wesson: Military and policerevolver in .38 – 200 calibreStar: Model B pistolTokarev: Model TT 33 pistol Walther: Model PP and Model PPKpistols, P38 pistol in 9mm ParabellumWebley: Mark IV revolver Unique: M17 pistol

9.13 Certain Models were made during the1918–1919 period. In these cases, the mainrecord of whether an individual example wasmade before 1919 will be the serial number.Set out on page 39 is a table of the morecommon guns spanning this period and the

serial numbers. Please note that guns in“readily available” calibres are not eligiblefor Section 7(1) status even if they are madebefore 1919: the information on page 39should be read in conjunction with paragraph9.21 below.

9.14 In the case of guns that are not listedon page 39, it is open to the owner topresent evidence on the date of manufactureof the gun concerned. The police may wishto consider the following kinds of evidencewhere this is available:

i) The calibre of firearm listed on thefirearm certificate;

ii) A factory letter from the makers settingout the date of manufacture;

iii) Extracts from standard referenceworks giving the date of manufactureof the model;

iv) An insurance or dealer’s valuation settingout the details of the gun.

9.15 Guns where there have been extensivereplacement of components, using partsmanufactured after 1 January 1919, shouldnot generally be regarded as having beenmade before 1919. This would include gunswith pre-1919 frames but most other workingparts made after that date. However, minorrepair work or the replacement of a singlepart would not invalidate the original dateof manufacture.

Part of a collection

9.16 The terms of section 7(1) require thatthe firearms concerned must be “kept orexhibited as part of a collection”. As this isa statutory requirement, the police will wishto be satisfied that the collection is genuine,rather than merely a device to get round theterms of the Act. See Chapter 13 for furtherinformation on collecting firearms.

9.17 In deciding whether a gun is part of acollection, the police will wish to considerthe following points:

i) A “collection” of firearms will normallyhave to consist of several related firearmsof historic interest, rather than only oneor two guns (but see (iii) below about

38


being part of a larger collection of otherartefacts). For example, these might beother firearms to which section 7(1)might apply, guns held at a designatedsite under section 7(3), or section 1 orsection 2 firearms, or “antique” firearmsheld under the terms of section 58(2) ofthe 1968 Act, or muzzle-loading guns.These should all be part of a coherentcollection, rather than held for game-shooting or other purposes;

ii) The collection would be expected to be ofrecognisable historic interest, rather thansimply of personal or sentimental interestto the owner. Owners would normally beexpected to produce supporting evidence,for example a letter from a nationalmuseum or a relevant society or interest

group, that the collection was of genuinehistoric value;

iii) A firearm could not normally bepossessed under this section if it is partof a collection of other artefacts. Theonly exemption to this would be if thefirearm forms a small part of a larger andestablished collection of related historicitems, for example those relating to afamous historical figure. The police mayreject “collections” of other artefacts putforward mainly to support the possessionof a single firearm;

iv) Genuine collectors of firearms for theirown interest will often, though notalways, be established members of thelearned societies in this field, for examplethe Historical Breechloading Smallarms

39


Pre-1/1/1919Make Model Calibre serial number

Astra Campo Giro M 1913 pistol 9mm largo 8,038Colt Single Action Army (Peacemaker) .45 & .44/40 337,200Colt Army Special & Officers .45 431,999Colt New Service (Army, Navy, Marine) .45 170,499Colt US Model 1917 .45 139,350 (on base of butt)Colt Pocket Positive .32 84,999Colt Police Positive .22 15,899Colt Police Positive .32 142,999Colt Police Positive .38 99,999Colt Police Positive Special Various 161,999Colt Models 1902 Military & 1903 Pocket .38 40,499Colt Model 1903 Hammerless .32ACP/7.65mm 289,999Colt Model 1908 Hammerless .380ACP/9mm short 33,499Colt Model 1908 Hammerless .25ACP/6.35mm 192,499Colt Model 1911 (Military: unmarked) .45ACP 580,600Colt Model 1911 (marked C or W) .45ACP 106,800Colt Target Model .22 6,499Luger Military Models 9mm Parabellum Year over chamberLuger Commercial Models 9mm Parabellum 76,500Mauser M 1914 pistol 7.65mm 185,414Mauser M 1910 pistol 6.35mm 199,000Mauser C 96 “Broomhandle” 7.63mm or (9x25) 430,000Mauser C96 “Broomhandle” 140mm barrel 7.63mm or (9x25) 433,000Sauer M 1913 Old Model pistol 7.65 & 6.35mm 85,467Smith & Wesson Hand ejector .22 25,975Smith & Wesson Hand ejector .32 272,198Smith & Wesson Safety Hammerless .32 215,501Smith & Wesson Hand ejector .32/20 80,422Smith & Wesson Autoloading pistol .35 7,490Smith & Wesson Safety Hammerless .38 245,934Smith & Wesson Double-action Perfected .38 57,701Smith & Wesson Military & Police .38 292,004Smith & Wesson Regulation Police .38 5,781Smith & Wesson Hand ejector .45 15,598Smith & Wesson Hand ejector .45ACP 145,832Swiss Army Parabellum (Waffenfabrik Bern) 9mm 15,215Webley Solid frame, often mark’d Bulldog, RIC etc) Various 102,148Webley Hinge frame pocket Mark 2 & 3 .320 & .380 21,899Webley WP hammer and hammerless .320 & .32 3,019Webley Fosbery .38 and .455 4,339Webley Service Mark I to VI .450, .455 & .476 430,959Webley Self-loading .25, .32, .380, 9mm BL .38HV & .455 119,171Webley Self-loading (Navy and RHA) .455 8,000

Association or the Vintage ArmsAssociation;

v) The collection will usually need to beestablished and substantial before afirearm certificate is granted. The policewill not normally grant a certificate for asingle gun to begin a collection, unlessthere is very strong evidence that thiswill, in a short period of time, form partof a considerably larger collection;

vi) If a firearm certificate is granted inrespect of a collection, the police willwish to consider applications to acquirefurther historic firearms on individualmerits. In particular, the police willwish to be satisfied that any newguns will form a proper part of theexisting collection;

vii) Anyone wishing to begin a collection willhave to provide evidence of a genuineand well-established interest in historicfirearms (see also (v) above).

9.18 If the gun falls into the above categoryand forms part of a genuine collection, thenit might be eligible to be kept at homewithout ammunition. If the gun does notfall into the above category, or if the ownerwishes to fire the gun, then section 7(3) mayapply. While the term “at home” is used todistinguish these guns from those held at adesignated site, this does not preclude theowner from removing the guns under theauthority of their certificate and with priorpolice permission, for example to take themto an auction or an exhibition of historicarms. It should be noted that section 7(3) canbe used for collecting purposes, either as anextension of a section 7(1) collection, or inits own right. “Relevance to a collection” canbe a factor in deciding on the acceptability ofa firearm under sections 7(1) or 7(3). Thus,for instance, a comprehensive collection ofBritish military revolvers could, for example,be expected to include a relatively common.38 Enfield of the 1930s or 1940s alongsidea rare .476 Enfield Mark I of 1879.

Firearms to be stored at adesignated site

9.19 Section 7(3) provides that owners storeand fire their guns at a site designated bythe Secretary of State if they hold a firearm

certificate issued by their local police. Inorder to qualify for this exemption, a gunmust meet the criteria set out in section 7(3).An authority to acquire a firearm subject toa section 7(3) exemption shall be specific.It should not be a “blanket” authority toacquire any firearm to which thisexemption applies.

9.20 In reaching a decision as to whether afirearm falls within the terms of section 7(3),the police may wish to consider how all ofthe criteria set out in that section mightapply. A firearm might qualify for theexemption under several related headings; forexample an old gun of unusual design ofwhich very few examples survive will meetseveral criteria. However, each criterionstands in its own right, and the police needonly be satisfied that the gun falls within oneof the criteria in order for it to be included.In assessing each gun, the police will wish toconsider the following 4 issues;

I Historical importance

9.21 A firearm might be considered to be ofhistorical importance if it meets any of thefollowing criteria;

i) A firearm owned by a famous historicalfigure would probably be counted as of“historic importance” in itself. Famousfigures would include senior militaryofficers, members of royal families,famous statesmen and leaders, or famoussporting figures, or soldiers or civiliansdecorated for service in which the firearmwas carried. Any provenance would haveto be clearly established and supported;

ii) Guns owned by lesser-known figureswould not generally benefit from thisexemption, unless they had a significantcampaign history. The police may notwish to grant a certificate in respect of afirearm held by a family member simplybecause it is an heirloom, unless it is a“trophy of war” carried or acquired onactive service. An exemption to thiswould be if the owner was involved inevents of historic importance, for examplea battle or campaign, and if there isevidence of the involvement of theowner and their firearm;

40


iii) If a firearm is from a historic eraand location rarely found in Britishcollections, then the police may wish toconsider whether the gun is of historicimportance as well as particular rarity;

iv) If the police are satisfied that a gunforms part of a genuine and establishedcollection, then they may wish toconsider whether a firearm is ofhistorical importance as an integralpart of that collection;

v) Guns which would be exempt “antiques”under the terms of section 58(2) of the1968 Act but for their being fired shouldgenerally be treated as of “historicinterest” for these purposes;

vi) In a number of cases guns made before1919 may be considered of “historicimportance” in themselves due to theirage and rarity. Guns made after 1945 willbe unlikely to qualify on age alone;

vii) Conversely, guns manufactured after theSecond World War will be less likely tobe held to be of historic interest inthemselves, in as far as they are morelikely to have survived in numbers.

II Aesthetic quality

9.22 This may be taken to mean firearms thatdiffer significantly from factory standard in away intended to enhance their appearance.This will normally involve substantialenhancement or decoration and at least a fairstandard of craftsmanship. An elegant butessentially functional design such as the Colt.45 “Peacemaker” would not generally fallwithin this heading.

9.23 It is not practicable within thisexemption to judge the aesthetic standards ortastes of different generations and cultures.A Victorian pistol with elaborate decorationmight fall within this category even if itmight not match modern standards of goodtaste. Note should also be taken of the caseof Kendrick v Chief Constable of West MidlandsConstabulary (2000) in which a modernpresentation gun was held not to be of“aesthetic quality”. Firearms which weremanufactured or modified after 16 October1996 should not benefit from this exemption.

9.24 While opinions are subjective, the policemust ensure that a firearm in this categorymeets objective criteria. This might includeevidence that the financial value of thefirearm has been significantly raised throughits artistic quality, for example from aninsurance or other independent valuation.

III Technical interest

9.25 While most firearms will be of sometechnical interest, it may be taken that theintent of section 7(3) is to preserve firearmsof especial rather than common technicalinterest. This category might include thoseguns that demonstrate a visible response to atechnical situation. Such guns would have topossess design features which were distinctiveand not widely copied in other guns, orwhich were the first in a significant field,such as the 1893 Borchardt 7.65mm self-loading pistol. It may be expected that mostfirearms of technical interest would also be ofsome rarity.

9.26 Examples might include guns withunusual mechanisms, such as the WebleyFosbery Self-cocking revolver, the Dardick.38 model 1500 with its triangular rounds orthe mechanical repeaters and Lancaster multi-barrelled pistols of the Victorian era.Technical adaptations might include, forexample, the Spanish JoLoAr cavalry pistoldesigned for operation with one hand, orthe Finnish Lahti 9mm with its powerfulmechanism designed to overcome the effectsof Arctic cold.

IV Particular rarity

9.27 Section 7 provides that the firearm mustbe of particular rarity, rather than merelyuncommon. The status of the gun willdepend on a number of factors, includingany distinctive markings, place of manufactureor service history. Patent and experimentalmodels which were never manufactured incommercial or military quantities would beconsidered rare, such as the Gabbett FairfaxMars self-loading pistol or the Mannlicher7.6mm M1894 self-loading pistol. Thecondition of the gun and the retention oforiginal accessories would not normally make

41


it rare in itself, but would be a factor toconsider in judging the overall status ofthe gun.

9.28 Collections of historic firearms in theUK include examples of most firearms foundworld-wide. If a pistol is rarely found in theUK then it will generally be rare ininternational terms and thus probablyworthy of preservation.

9.29 The following makes and models ofgun from the 1919–1945 period would notnormally be considered rare, unless theindividual example had clear distinguishingcharacteristics.

Astra: Models 400, 600 and 900Beretta: M 1934 pistol in 9mm short andM 1935 pistol in 7.65mmBrowning FN: Model 1935 (also knownas GP, Grand Puissance or High Power)in 9mm ParabellumColt: Model 1911 in .45 ACP, Model 1903Pocket Hammerless in.32ACP, Model 1908in .25ACP, Model 1908 in .380ACP, Model1917 revolver in .45"ACP, Official Police,Police Positive, Police Positive Special,Detective SpecialCZ: M27 7.65mm pistolEnfield: Service (including Albion)revolvers: all marksFrommer: Model .37 pistol in 7.65mmLuger: (see “Parabellum”)MAB: Model D pistol in 7.65mmMauser: Model 1934 pistol in .32ACP,Model HS c pistol in .32ACP‘Parabellum-type’: P 08 nominal 4" barrel9mm pistol marked S/42 bfy (Mauser)Radom: VIS 35 pistol in 9mm ParabellumSauer: Model 38 H pistol in 7.65mmSmith & Wesson: Hand ejector “Militaryand Police” revolver in .38 S&W, thoughnot the 1917 civilian and military versionsStar: Model B pistol in 9mm ParabellumTokarev: Model TT 33 pistol in 7.62mmWalther: Model 8 pistol in 6.35, Model PPand Model PPK pistols in .32 and.380ACP, P38 pistol in 9mm ParabellumUnique: Model 17 pistol (Kriegsmodell)Webley: Mark IV revolver in .38 calibre, though several variants mightqualify as “rare”

9.30 Guns made after 1945 would notgenerally be considered rare or of historicinterest in themselves. However, exemptionsto this would be models of which only a fewexamples were made, for example the Jurek,the Sterling revolver and the Victory ArmsCo self-loading pistol.

Designated Sites

9.31 At present (2001) sites designated bythe Secretary of State under section 7(3) forthe keeping and use of historic pistols areas follows.

i) The National Shooting Centre, BisleyCamp, Surrey;

ii) The Barbican Armoury, BrancepethCastle, County Durham;

iii) The Leicester Shooting Centre, Leicester;iv) The Marylebone Rifle & Pistol Club, City

of London;v) The Tameside Shooting Centre,

Greater Manchester;vi) The Wednesbury Marksmen,

West Midlands.vii) Lincolnshire Shooting Centre,

Lincolnshire.

Further sites may be designated in duecourse.

9.32 Section 7(3) does not authorise thepossession of firearms outside the designatedsite. If the owner wishes to remove the gun(for example to transfer it to another site)this will normally require a carrier holding theSecretary of State’s authority under section 5and prior police authority to amend thecertificate conditions.

9.33 The main purpose of section 7(3) is toallow guns of historic interest to be preservedand studied, including occasional shooting.It is not intended to allow for competitivetarget shooting, and nor is there anyobligation on owners to fire their gunsor regularly visit the site.

Dealers

9.34 The terms of section 7 apply only tothose holding historic guns on a firearmcertificate. It does not apply to dealers (or

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to carriers or those similarly exempted fromthe need to hold a certificate). Registeredfirearms dealers who wish to trade in historichandguns will need to obtain authority fromthe Secretary of State under section 5 of the1968 Act.

Ammunition

9.35 Where a certificate holder wishes toshoot their firearm held under section 7(3),the ammunition for that firearm should bekept at the designated site. The certificateshould be so conditioned. If the ammunitionis not readily available, then arrangements canbe made for the certificate holder to “handload” at the site. The basic machinery (usuallya single stage press) for this will be providedat the site but the appropriate dies, powders,primers, bullets and cartridge cases should besupplied by the certificate holder. Where theammunition is available, then arrangementsshould be made for it to be transferred tothe site by the supplier for the use of thecertificate holder.

Back to Contents 43


10.1 This Chapter provides an overview ofthe firearm certification procedure. It startsby describing the application procedure,including the use of referees and medicalinformation, and goes on to look at approvaland the important areas of conditions,variations and revocation.

Introduction

10.2 Firearms legislation and the subject offirearms generally is complex and highlyspecialised. It is not practicable to providecomprehensive training for every policeofficer on the administration of the FirearmsActs. It is therefore essential that thisGuidance is available to all police officersand civilians directly involved in the licensingprocedures. Where difficulties arise, adviceshould be sought from the firearmsdepartment at the appropriate police forceheadquarters. Much knowledge andexperience is also held within the shootingorganisations (see Appendix 1), includingthose for collectors.

10.3 Before issuing or renewing a firearmcertificate, the chief officer of police must besatisfied that the applicant can be permittedto have the firearm(s)/ammunition in theirpossession without danger to the publicsafety or to the peace. This will normallyinvolve an interview with the applicant, ahome visit and an inspection of their security.Visits should, wherever possible, be madeby prior appointment and take place at amutually convenient time. Applications arerequired on form 101 to provide contacttelephone numbers. Where the applicant is ayoung person, any enquiry should normallybe conducted in the presence of their legalguardians. Where this is not reasonablypossible, for example with a student at aboarding school, another responsible adult

must be present and the parents or guardianshould be consulted. If at any stage of theprocess non-statutory forms are used forobtaining further information, they shouldbe clearly marked to indicate their status.

Application

10.4 Unless exempt from the certificaterequirement, persons who wish to possess,purchase or acquire firearms or ammunitionto which section 1 of the 1968 Act appliesshould complete the prescribed applicationform (form 101). By virtue of theRehabilitation of Offenders Act 1974(Exemptions) Order 1975, the provisions ofthe Rehabilitation of Offenders Act 1974 donot apply to an application for the grant orrenewal of a firearm certificate. An applicantis therefore not entitled to withholdinformation about a previous conviction,however old or minor, on the grounds that itis “spent” for other purposes. This includesconvictions outside Great Britain, but see rule3(1) of the Firearms Rules 1998, – note toquestion 14, which, on renewal, requires onlyconvictions since the grant or last renewal tobe detailed.

10.5 Applicants are required to enter thecalibre and type of firearm(s) to be purchasedor acquired. The information will need to bespecific and not cover a range of calibres ora generic group such as .22 CF (centrefire).Form 101 does not require the serial numberto be given of the firearm(s) that theapplicant wishes to purchase or acquire: thisinformation is not normally available. There isan exception to this. Applicants will need toinclude, where available, the identificationnumber of a handgun being acquired undersection 7(1) or 7(3) of the 1997 Act. This willallow conformity with criteria to be checked.Normally, the identification number or other

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Chapter 10FIREARM CERTIFICATE PROCEDURE

identifying mark will be entered by thetransferor in Table One at the back ofthe firearm certificate.

10.6 The 1998 Rules, as provided for insection 26(2) of the 1968 Act, require anapplication for the grant or renewal of afirearm certificate:

a) to be accompanied by four identicalphotographs of a current true likeness ofthe applicant and sized 45mm x 35mm(eight photographs must be submittedwhere a co-terminous certificate applicationis made). Ordinary passport stylephotographs are suitable for this purpose.A computer generated likeness isacceptable if it is full face, against aplain background and printed on goodquality photographic paper; and

b) to be endorsed by two people who areresident in Great Britain, who have knownthe applicant personally for at least twoyears and who are of good character.These two people must have agreed toact as referees to the applicant.

Referees

10.7 A referee may be of any backgroundor occupation. A referee must be of goodcharacter, whom the police may trust to givehonest replies to the questions contained onthe referee form (the referee is not requiredto guarantee the applicant’s good behaviour).

10.8 Members of the applicant’s family maynot act as referees. In the absence of aCourt ruling, family is taken to mean thefollowing: mother; father; son; daughter;sister; brother; aunt; uncle; grand parent andmother/father/sister/brother in law. Cousinsare not regarded as immediate family but co-habiting partners should be considered as“family” for these purposes and not beaccepted. Serving police officers, policecivilian employees and registered firearmsdealers (but see paragraph 10.9) may notact as referees.

10.9 If the chief officer of police is satisfiedunder section 44 of the 1997 Act that theapplication is for the renewal of a firearmcertificate in relation to a rifle or muzzle-

loading pistol for use only for targetshooting, one of the referees must be anofficial of the approved rifle or muzzle-loading pistol club specified in theapplication. In these circumstances, thereferee may be a registered firearms dealerand need not have known the applicantpersonally for at least two years. The otherreferee must satisfy the requirements ofparagraph 10.6(b) above and must not be amember of any target-shooting club.

10.10 The referees are required to verify thatthe information given in questions 1 to 16of form 101 is correct. The applicant shouldcomplete all questions before asking thereferees to verify the information concerned.The referees must endorse one of thephotographs in the manner given in the notesto Part D on page 4 of the application formand thereafter sign the endorsement.

10.11 The police should provide two copiesof the Reference Form (form 125) and theapplicant should give one to each of theirreferees, after having completed Part A. Theform includes instructions as to how thereferees should complete the form, and thecriteria for the referees when considering theapplicant’s fitness to possess firearms. Thecompleted form 125 must be sent directly bythe referee to police headquarters, firearmslicensing department. The full postal addressof the firearms licensing department shouldbe included with the referee form, althoughas a matter of best practice forces may wantto provide a pre-addressed envelope withthe form.

10.12 The judgement as to whether aperson is fit to be entrusted with firearms(see Chapter 12) rests in law with the policeand, ultimately, with the Courts. The roleof the referee is to provide informationand opinions that the police can take intoconsideration when making that judgement.Referees are not expected to offer an“expert” opinion, regardless of theirbackgrounds. In particular, doctors actingas referees should do so on a personal basisrather than as medical professionals, and theyshould not therefore be expected to offer anymedical opinion as to the applicant’s mentalstate or likely future behaviour. Doctors

45


would not therefore be expected tocharge for acting as referees, since theywould be acting in a personal rather thanprofessional capacity.

10.13 The referee must have known theapplicant personally for at least two years(this does not apply to a club official actingas a referee to the renewal of a target-shooting certificate). During this period thereferee should have had some reasonabledegree of contact with the applicant, whetherin a professional, business or social context.While referees need not have any knowledgeof firearms or shooting sports, they should beable to comment on the applicant’s generalcharacter and background.

10.14 The term “good character” is notlegally defined. It is a broader termthan the professional requirements forcountersignatories (see Chapter 11), andmay include people from a wide varietyof backgrounds.

10.15 As the role of the referee is to offeradvice to the police on the applicant’s fitnessto possess firearms, the police should besatisfied that the referee is honest andreliable, and can be trusted to offer a fairand sensible view of the applicant. Thepolice will also wish to consider whether apotential referee has criminal convictions(an assessment will have to be made in theindividual circumstances taking account of theoffences and when they took place), is ofintemperate habits or unsound mind, has hada firearm or shot gun certificate revoked dueto their misconduct, or might otherwise beconsidered unfit.

10.16 A referee should be open to anassessment of their good character by thepolice. Persons who would be eligible to actas countersignatories to an application for ashot gun certificate, whether explicitly or as“persons of similar standing”, might also beconsidered suitable to act as referees.However, the ability of the referee to offera reliable view of the applicant is moreimportant than their profession or status.

10.17 It is open to the police to contact thereferee to discuss the information provided

on the reference form or any other matterrelating to the application. If the policeconsider that a referee is unsatisfactory theymay invite the applicant to put forward analternative person to act as a referee. Forexample, a person might satisfy the statutoryrequirements to act as a referee but is foundnot to know the applicant well enough toprovide an informed reference.

10.18 A chief officer of police cannotconsider an application for a firearmcertificate unless the nominated referees meetthe requirements laid down in respect ofresidence, personal knowledge and goodcharacter. Where the persons put forward toact as referees are ineligible, the applicationform, photographs and fee should bereturned to the applicant and they should beasked to make a fresh application puttingforward alternative referees. The FirearmsActs provide no right of appeal where thepolice consider that a nominated referee doesnot meet the requirements laid down in theRules. If the referee meets these requirementsthen the police may not reject the reference,though they may of course take into accountthe adequacy of the reference given indeciding whether to grant the certificate.

Medical Information

10.19 The application forms for firearm andshot gun certificates require the applicant togive permission for the police to approachthe applicant’s General Practitioner (GP),who should be registered in the UK, in orderto obtain factual details of the applicant’smedical history.

10.20 This authority is to assist the police indealing with cases where there are genuinedoubts or concerns about the applicant’smedical history that may have a bearing onthe applicant’s suitability to possess firearms.The authority should be used only where thedoubts or concerns about the applicant’smedical history appear to require moredetailed information to enable the finalassessment of the application to beconducted. Such doubts or concerns mightbe prompted by the applicant’s answers tothe medical questions on the application

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form, or they may arise from otherinformation available to the police.

10.21 Approaches to applicants’ doctorsshould not be made as a matter of routine.Nor should approaches be made simplyto check the accuracy of the medicalinformation provided in application forms,unless there are some grounds for concernabout the applicant in question or theinformation given. It is an offence toknowingly or recklessly make a falsestatement in order to obtain a certificate.This would apply to any false statement givenin answer to the medical questions on theapplication form. Where approaches toapplicants’ doctors are deemed necessary,they should be made in writing.

10.22 The GP may provide factualinformation on an applicant’s medical history.GPs should not be asked to give generalaccess to applicants’ medical records or tooffer an opinion on any of the medicalinformation given. In particular, GPs shouldnot be asked to either endorse or opposeapplications, though it is open to them todo so. Whilst we understand that GPs areunlikely to charge a fee for the provision ofinformation, where such a fee is appropriatethe cost should be met by the police.

10.23 Chief officers of police may reach theirown conclusions as to the significance of theinformation supplied, based on their ownknowledge and experience, but may wish toseek advice from the Force Medical Officerin cases where the medical informationsupplied is difficult to understand, or whereits significance in terms of the possession offirearms is unclear. Any final decision as tothe applicant’s fitness, whether on medicalor other grounds, should be taken by theproperly authorised officer in the usual way.

10.24 The applicant’s consent is not limitedby time. It is therefore open to the police toapproach the applicant’s GP at any timeduring the life of the certificate if there areconcerns about the applicant’s continuedfitness to possess firearms.

10.25 It is also open to a GP to approachthe police at any time in order to pass on

information of possible concern about anindividual, whether a patient or not, whopossesses firearms or is applying to do so.Clearly, the GP would have to be satisfiedthat their public duty to express theirconcerns outweighed the normal requirementsof patient confidentiality. The point of initialcontact in any such cases will probably beeither the Firearms Licensing Department,who will know how best to respond to theinformation provided, or the Force MedicalOfficer. If the former, it may be necessary insome cases for arrangements to be made forthe GP to speak direct to a fellow medicalprofessional, for example the Force MedicalOfficer, who will then be able to offer adviceto the Firearms Licensing Officer.

Grant or Refusal

10.26 The most important duty imposed bythe 1968 Act on the police is that of decidingwhether or not a firearm certificate shouldbe granted. The criteria which chief officersof police should apply in exercising theirdiscretion are set out in section 27(1) of the1968 Act. A chief officer must not grant acertificate to any person whom they havereason to believe to be:

a) prohibited by the Act from possessing afirearm: for example a person to whomsection 21 of the 1968 Act applies; or

b) of intemperate habits or unsound mind; orc) to be for any reason unfit to be entrusted

with a firearm.

As this issue is central to the role of thepolice, fuller guidance on fitness is set outin Chapter 12.

10.27 If the grant of the certificate is notso precluded, chief officers of police shouldsatisfy themselves on two points. Specifically,that the applicant:

a) has a good reason (see Chapter 13) forrequiring the firearm or ammunition inrespect of which the application is made;and

b) can be permitted to have the firearm andammunition without danger to publicsafety or to the peace.

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Chief officers should give the reasons fortheir decision to refuse an application for afirearm certificate, and the applicant shouldbe informed that they may appeal against thisdecision. In the case of refusal, the fee isrefunded and the photographs returned.

10.28 The consideration of good reason willbe crucial to consideration of applications,and this is covered in detail in Chapter 13.“Good reason” should be neither confinedto need nor equated with desire. Mostfirearm certificate holders possess firearmsfor reasons of their profession, sport orrecreation, and may properly wish to exercisediscretion as to what types of firearms theychoose for these purposes. On the otherhand, a simple wish to own a particular sortof firearm is not in itself “good reason”without further supporting evidence ofintentions. Chief officers of police should bemindful of case law (Anderson v Neilans (1940)and Joy v Chief Constable of Dumfries andGalloway (1966)) which suggests that the chiefofficer should consider the application firstly“from the standpoint of the applicant ratherthan from that of a possible objector”.“Good reason” will need to be demonstratedfor each firearm to be held under section 1of the 1968 Act.

Representatives of Foreign Statesand Commonwealth countries

10.29 A person who enjoys diplomaticprivilege, whether representing a governmentor international organisation, is expected tohold a firearm certificate in respect of anyfirearm or ammunition to which section 1 ofthe 1968 Act applies, which is used or carriedoutside the confines of the embassy, legation,consulate or similar establishment. Theprinciples which normally govern the grantingof certificates should be observed. TheDiplomatic Privileges Act 1964 exemptsdiplomats from payment of the certificatefee. Diplomatic privileges have also beenextended to some international bodies,for example the International MaritimeOrganisation. Any inquires about the statusof such an organisation or its employeesshould be referred to the InternationalOrganisations Section of the Protocol

Division of the Foreign and CommonwealthOffice (see Appendix 1).

Prohibited weapons

10.30 Under section 31(1) of the 1968 Act,a chief officer of police has no discretionto refuse the grant of a firearm certificatein respect of a prohibited weapon orammunition for which an authority hasbeen issued by the Secretary of State orthe Scottish Ministers.

Prescribed Conditions

10.31 The 1998 Rules (together with otherrelevant provisions set out on the certificate)prescribe certain conditions subject to whichfirearm certificates shall be held, the mainobject of which is to impress upon certificateholders the importance of ensuring the safecustody of firearms and ammunition. Theseconditions are set out below:

i) the first condition requires the holder, onreceipt, to sign the certificate in ink withhis/her usual signature. The signature canthen serve as an additional means ofidentity.

ii) the second condition requires, withinseven days, the notification to the chiefofficer of police who granted thecertificate of any case of theft, loss ordestruction in Great Britain of thecertificate and/or the theft, loss,deactivation or destruction of anyfirearms or ammunition to which itrelates. The condition is regarded asfulfilled if the theft or loss is reported toany police station within the issuing forcearea. It is desirable that, in addition, theholder of the certificate reports the theftor loss at once to the police for the areawhere the theft or loss occurred. In suchcases the chief officers of the two policeareas concerned should communicateto each other any reports which eithermay receive.

iii) the third condition requires the certificateholder, without undue delay, to notifyany change of permanent address to thechief officer of police who granted thecertificate. Holders are also asked to sendin their certificate for amendment though

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this is not a requirement. This will enablechief officers to keep their records upto date, or, if the holder has moved toanother police area, to pass on the papersto the appropriate police force.

iv) the fourth condition relates to the safecustody of firearms and ammunition andis as follows:a) the firearms and ammunition to which

the certificate relates must at all times(except in the circumstances set out inparagraph b) below) be stored securelyso as to prevent, so far as is reasonablypracticable, access to the firearms orammunition by an unauthorised person;

b) where a firearm or ammunition towhich the certificate relates is in useor the holder of the certificate has thefirearm with him/her for the purposeof cleaning, repairing or testing it orfor some other purpose in connectionwith its use, transfer or sale, or thefirearm or ammunition is in transit toor from such a place in connectionwith its use or in any other purpose,reasonable precautions must be takenfor the safe custody of the firearms orammunition (see paragraphs 19.46 to19.50 for additional information).

See also Chapter 19 concerning the securityof firearms and ammunition held oncertificate.

Conditions attached by chief officersof police

10.32 Section 27(2) of the 1968 Act givesthe chief officer of police powers to attachconditions to firearm certificates. In the caseof R v Wakefield Crown Court ex parte Oldfield(1978) the Court gave expression to thecommon law requirement that a person mustexercise individual judgement in all cases.Section 29(1) of the 1968 Act gives the chiefofficer power to vary, by a notice in writing,any such condition not prescribed by therules made by the Secretary of State. Thenotice may require the holder to deliver thecertificate to the chief officer within twenty-one days for the purpose of amending theconditions. The certificate may be revokedif the holder fails to comply with such a

requirement. There is no appeal againstrevocation on this ground.

10.33 Possible conditions which may beapplied are listed at Appendix 3 as a guideto firearms licensing officers. They shouldbe used, where the individual circumstancesrequire it, to ensure consistency of practicebetween police forces. Exceptionally, chiefofficers of police may impose otherconditions appropriate to individualcircumstances. As the courts have held(R v Cambridge Crown Court ex parte Buckland,1998) that there is no right of appeal againstthe imposition of conditions (as opposed toa refusal to grant or renew a certificate)chief officers will wish to be cautious inimposing conditions that might amount toa constructive refusal to grant or renew acertificate, that is additional conditions thatwould make possession or use so difficult asto be redundant in practice.

10.34 Conditions setting out arbitrary timelimits for acquiring firearms and ammunitionshould not be imposed. However, the chiefofficer may at the time of certificate renewal,enquire why an authority to acquire has notbeen exercised and consider that part of therenewal on the information received.

10.35 Chief officers of police are empoweredto impose conditions if they think that thecircumstances of the individual case meanthat the condition is necessary to ensure theeffective operation of the firearms controlsand to minimise the risk to public safety.Forces should note that those conditionsrelating to otherwise prohibited firearms andammunition such as expanding ammunitionare statutory. The chief officer does not havediscretion to grant a certificate for suchfirearms and ammunition beyond the termsof the statutory exemptions for these items.

a) Territorial Conditions on use

A territorial condition restricts the areaswhere the firearm may be used by a personwho holds a firearm for sporting purposes orfor the shooting of vermin. It is importantthat there should be standardisation ofpractice amongst forces and for this purposeit is recommended that new certificate

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holders should be limited to land consideredsuitable by the chief officer. When a chiefofficer is satisfied that a certificate holder hasgained sufficient experience with a particularcalibre or class of firearm the less restrictivecondition may be considered appropriate(see Appendix 3).

b) Land Inspection

This is covered in detail in Chapter 13.

c) Zeroing

Deer stalkers and vermin shooters shouldbe allowed to zero. The relevant parts ofthe appropriate condition in Appendix 3should be added to a certificate of somebodywho is permitted to possess a firearm forthese purposes.

d) (Section 1) Smooth-bore guns

In the case of an application in respect of asmooth-bore gun to which section 1 of the1968 Act applies, it will not normally benecessary for specific areas of land overwhich the applicant has permission to shootto be examined. See Appendix 3 for relevantconditions for shooting of vermin, practicaltarget shooting disciplines or other forms oftarget shooting.

Completion of Certificates

10.36 Firearm certificates must be in theprescribed form (form 104). The followingparts of the certificate are to be completed bythe police before it is sent to the applicant:

a) the number of the certificate;b) the commencement and expiry dates

of the period of validity. A firearmcertificate is normally valid for a periodof five years;

c) the name and address of the holder;d) the date of birth of the holder;e) the details (including the description or

identification number where known) ofeach of the firearms currently in theapplicant’s possession;

f) the details of each of the firearms theapplicant is authorised to acquire;

g) the amount of ammunition the applicantis authorised to possess;

h) the amount of ammunition the applicantis authorised to acquire;

i) any such conditions which pertain tothe firearms or ammunition to whichthe certificate relates; and

j) the official stamp of the police forceissuing the certificate together with thesignature of the chief officer of policeand the date when the grant or renewalof the certificate was authorised, ordate of amendment in the case ofreplacement certificates.

10.37 The certificate does not require theidentification numbers of those firearmsauthorised to be purchased or acquired tobe entered, other than the exception forhandguns bought under sections 7(1) and &(3) of the 1997 Act (see paragraph 10.5).

10.38 When certificates are issued to twopeople who intend to share the use of afirearm, only one certificate should beauthorised to acquire the firearm. Afterthe firearm has been acquired the secondcertificate should be submitted to thefirearms licensing department for the detailsto be included. No further amendment isthen needed to the certificate until thefirearms is disposed of when both certificatesshould be submitted to the firearms licensingdepartment for the details to be deleted. Bothcertificates may authorise the purchase andpossession of ammunition.

10.39 The certificate requires the followingentries as to ammunition:

a) the maximum amount authorised to bepossessed at any one time; and

b) the maximum amount authorised to bepurchased at any one time.

10.40 The amount of ammunition entered at(a) will not of course be smaller than (b).The amount may be the same in both casesbut no doubt chief officers of police willconsider that as a rule the entry at (a) shouldbe slightly larger than at (b) in order that theholder of a certificate may purchase a freshsupply of ammunition before their existingsupply is exhausted. Any reduction in the

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amount of ammunition to be possessed orpurchased would count as a partial revocationof the certificate or partial refusal of theapplication, and would require service of theappropriate notices and may need justificationon appeal. See also broad guidelines onammunition amounts in Chapter 13.

Renewals

10.41 Section 26(3) of the 1968 Act providesthat a certificate shall continue in force forfive years or such shorter period as may beprescribed. No rule has been made by theSecretary of State prescribing a shorter periodfor firearm certificates.

10.42 The onus for applying to renew afirearm certificate rests with the holder. Allforces, however, should issue reminders totheir certificate holders well in advance toallow the renewal process to be completedbefore the original certificate expires. Thisshould be done either by post or in person.It will be helpful to arrange to combine anysuch personal visit with the inspection of thefirearms and interview. If no reply to thereminder is received, enquiries should bemade to confirm that the holder no longerhas possession of the firearms or ammunitionto which the certificate relates, or if thecertificate has not yet expired, thatarrangements have been made to dispose ofthe firearms and ammunition before expiry.

10.43 Applications for renewal provide theopportunity for reviewing the circumstancesof each case and the extent to which theprovisions of the Act have been compliedwith by the holder of the certificate and bypersons supplying them with firearms andammunition. If the applicant’s circumstanceshave changed materially since the originalgrant or last renewal, for example in theiropportunities to use their firearms, specialcare will need to be taken to ensure thatthe applicant still satisfies all criteria for thepossession of firearms and ammunition.These matters can be discussed during thepersonal visit, inspection or interview. Wherethe chief officer of police decides to refusean application for a renewal of a certificate,personal service of the notice, wheneverpracticable, informing the applicant of this

decision will give them an opportunity todiscuss the matter and might help to reducethe number of appeals to the Crown Court.

Co-terminous certificates

10.44 Section 11 of the 1988 Act allows thelife of a shot gun certificate to be reducedso that it expires on the same date as theapplicant’s firearm certificate. A reduced feeis payable so long as the shot gun certificateis renewed and made co-terminous at thegrant or renewal of a firearm certificate.There is no reduced fee when the applicantis applying for grant or renewal of a shotgun certificate but requests the expiry dateto coincide with the firearm certificateexpiry date.

Replacement and renewal ofcertificates granted in anotherpolice area

10.45 A certificate is renewed by the chiefofficer of police for the area in which theholder resides (section 26(3) of the 1968 Act).If applicants are staying only temporarily in apolice area and reside elsewhere, they shouldbe referred to the chief officer of police ofthe area of their usual residence. If anapplicant has residences in different policeforce areas, it is for the individual to decidewhich force issues their certificate. However,one police force will not normally issue afirearm certificate and another a shot guncertificate for the same individual. Residentusually means having accommodationavailable for use, and not, for example,rented out (Burdett v Joslin, Chief ConstableWarwickshire). HM Forces personnel stationedabroad would not normally be issued with acertificate as they are not resident in oneparticular force area. As above, their parent’s,or other family, address would only beacceptable where it is available for their use.However, as has been indicated in the caseof Farrer –v- Chief Constable Essex (2000), onlythe certificate holder may have possession oraccess to the firearms.

10.46 Where a certificate holder moves toanother police area, the chief officer of policewho receives notification of the change ofaddress should send the complete records to

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the chief officer for the area to which thecertificate holder has moved. The chiefofficer should retain either a simple indexgiving details of the transfer or copies ofsuch parts of the records as are thoughtnecessary. The chief officer of the force areathat the person has moved to will need toconsider whether the existing certificate needsto be amended and the security of the newpremises will need to be inspected.

Dilapidated certificates

10.47 A certificate should be replaced withoutfee if it is very dirty, mutilated, or lacks spacefor further legible entries to be made. Theold certificate should not be returned tothe holder. A new wallet may be issuedseparately, free of charge, if necessary.

Application for variations (section29(2) of the 1968 Act)

10.48 If a certificate holder wants to varythe certificates allowing them to possess oracquire firearms or ammunition, they mayapply to the chief officer of police whoissued the certificate.

10.49 Form 101 should be used forapplications to vary a certificate. Thecertificate holder should submit their firearmcertificate, along with the completed form101, and, where appropriate, the fee, to thepolice force headquarters. A fee is payableonly in respect of variations which increasethe number of firearms to which thecertificate relates: if the holder wishes todispose of one firearm and replace it withanother at the same time then no fee ispayable (see paragraph 10.51 below forfurther information). It is not normallynecessary to re-examine the applicant’scircumstances, but this may be necessaryin individual cases. Although no time limitis normally placed on acquiring the firearmto which the variation applies, failure todo so over a reasonable period, withoutgood reason, may be taken as lack ofgenuine intention.

10.50 Each case should be dealt with on itsmerits and, provided that the “good reason”and security requirement is met for each

firearm, no general arbitrary limit should beapplied in considering any of the following(“good reason” should not be confined toneed nor equated with desire – seeparagraph 13.6):

a) number of rounds of ammunition to beheld (but see broad guidelines onammunition amounts in Chapter 13);

b) total number of firearms to be held;c) number of firearms per calibre; ord) time by which firearms should be

purchased.

“One for one” variations

10.51 A variation is always necessary if acertificate holder wishes to change one of thefirearms, even if they wish to purchase oneidentical to the one they are selling (Wilson vCoombe, Queen’s Bench Divisional Court, July1988). “One for one” variation refers tofirearms that are authorised to be acquiredat the same time as one is being disposedof. For practical purposes this is normallytaken to be within seven days. The useof authorities which can be kept openindefinitely should be discouraged.Applications for “one for one” variationsshould be made by the certificate holdersubmitting their firearm certificate togetherwith a completed form 101 to the policefirearms licensing department. Such variationsare processed free of charge. In most cases,it will not be necessary to re-examine theapplicant’s circumstances. Further inquirieswill be necessary, however, if for examplethe application is for a change of use orfor a full-bore firearm when the holder’sshooting club only has facilities for small-bore shooting.

Variation/Renewal

10.52 Police forces can consider whether torenew a certificate when an application forvariation is made near to the certificate expirydate, that is within two months. The renewalshould be made from the expiry date.Variations requested at the time of renewaldo not attract a fee.

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Revocations and Cancellations

10.53 A firearm certificate may be revokedby the chief officer of police for the area inwhich the holder resides, on the groundsspecified in section 30(A)(2) of the 1968 Act(as amended). The Courts also have thepower under section 52(1) of the 1968 Actto cancel certificates. Forces must givereasons for their decision to revoke a firearmcertificate. Section 30(A)(6) of the 1968 Act(as amended) provides a right of appealagainst the decision to revoke.

10.54 When chief officers of police revokecertificates they must send the holder a noticein writing requiring them either to:

a) surrender their certificate within 21 days ofthe date of the notice (or the date of theabandonment or dismissal of the appealagainst revocation); or where the chiefofficer considers that the circumstancesof the case justify it,

b) surrender forthwith their certificate and anyfirearms or ammunition in their possessionby virtue of the certificate.

10.55 A certificate holder who fails to complywith such a notice is liable to a penalty. Asto which course should be adopted in certaincases, see paragraph 10.56 below. Personalservice of the notice to revoke, wheneverpracticable, gives the person an opportunityto discuss the matter and might help toreduce the number of appeals to theCrown Court.

10.56 When a certificate has been cancelledby a court order under section 52 of the1968 Act or revoked by the chief officer ofpolice after the holder has failed to complywith a notice under section 29(1) of the1968 Act (requiring them to deliver up thecertificate for variation), the chief officermust send the holder a notice in writing (seeabove). Under section 12(1) of the 1988 Act,a chief officer may only send a notice (as at10.54 (b)) which requires the recipient tocomply with it immediately after the firearmcertificate has been revoked on the groundsspecified in section 30(A)(2) of the 1968 Act(as amended). Revocation on these groundsdoes not preclude the use of option (a), and

it should only be necessary to use option (b)when a delay in the certificate holderrelinquishing their certificate and firearmswould pose a direct danger to public safetyor to the peace.

10.57 Under section 30B of the 1968 Act,chief officers of police may partially revokecertificates, that is to say revoke those partsof certificates that relate to the possessionor acquisition of particular firearms orammunition, if they are satisfied that theholder no longer has a “good reason” forpossessing or acquiring the firearms orammunition concerned. Where this isnecessary, the chief officer should normallygive notice of intention, as they would witha full revocation.

10.58 The certificate holder has a right ofappeal and the police can only retain thefirearms and ammunition if notice has beenserved in terms of section 12(1) of the 1988Act, otherwise the firearms and ammunitionwill need to be returned during an appealperiod. If the appeal against revocationsucceeds, the firearms and ammunition mustbe returned. On the dismissal of an appeal,the Court may make such order for disposalof the firearm as it thinks fit. If no appeal isbrought, or if the appeal is abandoned, thefirearms and ammunition should be disposedof in a manner agreed with the owner, whoretains title. In the absence of an agreementchief officers of police must give the ownernotice in writing of how they intend todispose of the firearms and ammunition andthe owner may appeal against the decision inaccordance with section 44 of the 1968 Act.The Court may then either dismiss the appealor make such order as to the disposal of thefirearms and ammunition as it thinks fit. Inall cases, the police should keep records ofhow and where firearms have been disposed.

Police Records and Procedures

10.59 Form 101, the prescribed form ofapplication for the grant, renewal or variationof a firearm certificate is designed for usein both manual and computer systems.Individual computer systems may call forsome variation in form design but thecontents must remain the same. The method

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of keeping records will depend largely on thesystem used.

10.60 No standard method of recordinggrants, refusals etc. is therefore suggested,but chief officers of police should ensurethat a careful record is kept. If there is anappeal, the fact and result should be noted.Results of police inquiries and intelligenceinformation relevant to the certificate holder’scircumstances should be integrated withinthe records.

10.61 Chief officers of police may wish toconsider adopting a system under which arecord is kept of the make, type, calibre andserial number of section 1 firearms held onfirearm certificates. Care should be taken toensure consistency in recording the moreunusual types of firearms. Chief officers ofpolice should be mindful of the advice issuedby ACPO and ACPOS on standarddescriptions for types of firearms.

10.62 If a firearm certificate is revoked(section 30(1) of the 1968 Act, as updatedby section 40 of the 1997 Act) or cancelled(section 52(1) of the 1968 Act), a temporaryentry of the fact should be made in therecord pending any appeal. When it is clearthat no appeal is contemplated, or when theappeal has been unsuccessful, the fact ofrevocation or cancellation and of thesurrender of the certificate should beendorsed on the face of the record ofthe grant.

10.63 If the procedures indicated above arefollowed, the records in each police areashould consist mainly of:

a) records of certificate currently in force, thedetails of the certificate holders and of anyfirearms/shot guns held or authorised byvirtue of those certificates;

b) brief details of persons who have movedinto other areas;

c) records of expired certificates granted inthe area to persons who have either – i) gone abroad; orii) ceased to possess firearms; oriii) neglected to obtain renewals; oriv) are deceased; and

d) information about revocations or refusals.

10.64 Usually it will not be practicable torecover the certificate in subparagraph (c)(i)above. As regards paragraph (c)(ii), the policeshould invite dealers to assist them inrecovering firearm certificates which are nolonger required, by informing them whenthe firearms or ammunition are purchasedor acquired from certificate holders. If thecertificates are recovered, the records can berestricted to what may be worth keepingpermanently, but the certificate should firstbe checked against the record and against anynotices of sale received under sections 32 to35 of the 1997 Act.

54 Back to Contents


11.1 This Chapter provides an overview ofthe shot gun certificate procedure. It starts bydescribing the application procedure, includingthe use of countersignatories, and goes on tolook at grant, renewal and the important areasof statutory conditions and revocation.

Introduction

11.2 Shot gun certificates are the mechanismof licensing for those smooth-bore gunsthat do not require firearm certificates(see Chapter 2). The shot gun certificatediffers from the firearm certificate in thatit authorises a person to have in theirpossession, or to acquire, an unlimitednumber of shot guns without the need forapproval in respect of individual guns.

11.3 However, section 3(2) of the 1988 Actamended section 28 of the 1968 Act torequire that the certificate must specify thedescription of the shot guns to which itrelates including, if known, the identificationnumber of the guns. Shot guns held on loanfor less than 72 hours do not have to beentered on Table 2 of the certificate, nordoes notification of temporary transfer haveto be given by either party.

11.4 Although a shot gun certificate is notrequired in order to possess or acquire shotgun cartridges used with section 2 shot guns,the production of a certificate is necessary inorder to purchase such cartridges (unless thepurchaser can show that they are entitled topossess a shot gun without a certificate, is aregistered firearms dealer, or is a person whosells such cartridges by way of trade orbusiness). Ammunition not exempted bysection 1(4) of the 1968 Act may bepossessed or acquired only by a firearmcertificate holder. A person may purchase shotgun ammunition for a certificate holder, if

they produce that person’s certificate, togetherwith written authority from the certificateholder to purchase the ammunition for them.

Application

11.5 An application for a shot gun certificatemust be made in the prescribed form (form103) to the chief officer of police for the areain which the applicant resides. By virtue ofthe Rehabilitation of Offenders Act 1974(Exemptions) Order 1975, the provisions ofthe Rehabilitation of Offenders Act 1974 donot apply to an applicant for a shot guncertificate. An applicant is, therefore, notentitled to withhold information about aprevious conviction on the grounds that it isfor other purposes spent under the 1974 Act.On the application for a renewal only thoseconvictions since the grant or last renewalneed be detailed.

11.6 The application form does not requireapplicants to provide details of the shot gunsto be purchased or acquired, though anapplicant for renewal must give details of theguns currently possessed. The requirement tosend a notification of the transactioninvolving a shot gun should ensure that thepolice are kept informed of the acquisitionof shot guns after the grant of a certificate.

11.7 The 1998 Rules, as provided for insection 26(2) of the 1968 Act, require anapplication for the grant or renewal of a shotgun certificate:

a) to be accompanied by four identicalphotographs of a current true likeness ofthe applicant and sized 45mm x 35mm (8photographs must be submitted where aco-terminous certificate application ismade). Ordinary passport style photographsare suitable for this purpose. A computer

Chapter 11SHOT GUN CERTIFICATE PROCEDURE

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generated likeness is acceptable if it is fullface, against a plain background andprinted on good quality photographicpaper; and

b) to be countersigned by someone who isresident in Great Britain and who hasknown the applicant personally for at leasttwo years, and who is a Member ofParliament, justice of the peace, minister ofreligion, doctor, lawyer, established civilservant, bank officer or person of similarstanding. The term “person of similarstanding” may be taken to include personswhose name might be found in a publicbook of reference, including members ofprofessional bodies (such as architects,accountants and surveyors), persons whohave or at one time held a commission inHer Majesty’s Forces or who are qualifiedteachers in recognised schools. It may alsobe appropriate to include an applicant’semployer if it is a well-established businessand the applicant is well known to them.The police should be willing to interpret“person of similar standing” widely in thecase of people who may have fewprofessional contacts in the community.The good standing of the proposedcountersignatory and their knowledge ofthe applicant are more important factorsthan their professional position. Membersof the applicant’s family must not act ascountersignatories. In the absence of aCourt ruling, family is taken to mean thefollowing: mother; father; son; daughter;sister; brother; aunt; uncle; grand parentand mother/father/sister/brother in law.Cousins are not regarded as immediatefamily but co-habiting partners should beregarded as “family” for these purposesand not be accepted. Serving policeofficers, police civilian employees andregistered firearms dealers must not actas countersignatories.

The role of the countersignatory isconfirmation of the applicant’s identity tothe police by someone of “good standing”,saying that they know of no reason whythe applicant should not be permitted topossess shot guns, and to verify to thebest of their knowledge that theinformation provided on the form is true.The countersignatory is not required to

provide the information requested ofreferees for firearm certificate applications,but the police may contact thecountersignatory where there are doubtsabout the applicant’s suitability.

General Practitioners (GPs) have raisedtheir role as countersignatories as addingan extra administrative burden to their day.The Home Office is considering replacingthe current system of countersignatorieswith a system of referees similar to thatwhich applies to firearm certificates. In the interim, applicants should beencouraged to seek an alternative to their GP as countersignatory, if at allpossible. If there is no alternative,applicants should be advised to see their GP outside surgery hours.

11.8 An applicant is informed in the noteson the form that unless instructed otherwiseby the police, they should post or take thecompleted form with the fee andphotographs to their local policeheadquarters.

Grant or Refusal

11.9 The 1988 Act revised the criteria set outin section 28 of the 1968 Act for the grantor renewal of a shot gun certificate so as toallow chief officers of police more discretionto make enquiries into applications. Wherenon-statutory forms are used for thispurpose, they should be clearly marked toindicate their status. It is important to notehow the criteria differ from those in respectof applications under section 1 of the 1968Act. No certificate shall be granted orrenewed if the chief officer of police:

a) has reason to believe that the applicantis prohibited by the Act from possessinga shot gun; or

b) is satisfied that the applicant does not havea good reason for possessing, purchasingor acquiring one.

Section 28(1B) of the 1968 Act, asamended, provides for sporting andcompetition purposes or shooting verminto be regarded as good reasons forpossessing a shot gun and that an

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application may not be refused merelybecause an applicant wants to possess butnot use a shot gun nor lend it for anotherperson’s use. This is likely to be the casewhen the shot gun is of special significanceto the applicant, such as an heirloom or isof some other sentimental value. However,the Act does NOT require the applicant tomake out a good case for being granted acertificate, but rather extends the chiefofficer of police’s grounds for refusingone. A chief officer should therefore needto make further inquiries only where itcomes to their notice that there may begenuine doubts about the applicant’sreason for wishing to possess a shot gun.

11.10 If the grant of a certificate is not soprecluded, chief officers of police have tosatisfy themselves that the applicant can bepermitted to possess a shot gun withoutdanger to public safety or to the peace. Thiswill necessitate an interview and considerationof their security arrangements. Home visitsshould, wherever possible, be made by priorappointment and take place at a mutuallyconvenient time. Applicants are requested toprovide contact telephone numbers on form103. Where the applicant is a young person,any enquiry should normally be conducted inthe presence of their legal guardians. Wherethis is not reasonably possible, for examplewith a student at a boarding school, anotherresponsible adult must be present and theparents or guardians should be consulted.

11.11 A conviction for a criminal offencewhich does not result in a sentence to whichsection 21 of the 1968 Act applies (seeparagraph 5.5) may not be a bar to the issueof a shot gun certificate, but convictions formultiple offences might cast doubt on thesuitability of an applicant to have shot gunswithout endangering public safety. Anyrelevant information known to the policeabout the applicant such as mental illness orintemperate habits may be taken into account,although it should be remembered thatsupporting evidence may have to beproduced in Court if a refused applicantappeals to the Crown Court (in England andWales) or the Sheriff (in Scotland). Forcesshould always give reasons for refusing anapplication for a shot gun certificate. In

considering the application, the police willwish to consider whether the applicant hasadequate security to provide safe-keeping forshot guns. In the event of refusal, the fee isrefunded and the photographs returned.

Medical Information

11.12 See paragraphs 10.19 to 10.25.

Conditions on Shot gun Certificates

11.13 Section 28(2)(a) of the 1968 Actprovides that a shot gun certificate shall begranted or renewed subject to any prescribedconditions. The 1998 Rules (together withother relevant provisions set out on thecertificate) provide that a shot gun certificateshall be granted or renewed subject to thefollowing conditions:

(i) the holder must, on receipt of thecertificate, sign it in ink with his/herusual signature;

(ii) the holder of the certificate must, withoutundue delay, inform the chief officer ofpolice by whom it was granted of thetheft, loss or destruction in Great Britainof the certificate and/or the theft, loss,deactivation or destruction of any shotguns to which it relates;

Note: Whilst the certificate states that thenotification of the theft, loss ordestruction of a shot gun must be done“without undue delay”, sections 34 and35 of the 1997 Act requires that thenotification must be made by recorded orspecial delivery within seven days, or inthe case of theft etc. outside of the UKwithin fourteen days.

(iii) the holder of the certificate must, withoutundue delay, inform the chief officer ofpolice by whom the certificate wasgranted of any change in his/herpermanent address;

(iv)a) that any shot gun to which the

certificate relates must at all times(except in the circumstances set outat (b) below) be stored securely so asto prevent, as far as is reasonably

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practicable, access to the shot gunsby an unauthorised person;

b) where a shot gun to which thecertificate relates is in use or the holderof the certificate has the shot gun withhim/her for the purpose of cleaning,repairing or testing it or for someother purpose connected with its use,transfer or sale, or the gun is in transitto or from a place in connection withits use or any such purpose, reasonableprecautions must be taken for the safecustody of the gun (see paragraphs19.46 to 19.50 for additionalinformation).

11.14 The prescribed conditions for shot guncertificates are similar to those prescribed forfirearm certificates. When a certificate holdernotifies the police of a change of address,consideration should be given to amendingthe certificate. When notification of a changeof address to another police area is received,the chief officer of police of that area shouldbe sent the relevant documents, or copies ofthem, and a reference to the removal shouldbe retained by the issuing force.

11.15 It should be noted that chief officers ofpolice are not empowered (as they are withfirearm certificates) to impose any conditionsof their own on shot gun certificates. Theonly exception to this is in relation to section5(5) of the 1998 Rules and section 5A(3) ofthe 1968 Act (as amended). This providesthat when a person wishes to acquire a shotgun disguised as another object for thepurpose of it being kept or exhibited as partof a collection, the certificate shall be subjectto an additional condition restricting the useof that shot gun to use for that purpose. Themost common shot gun of this kind will bethe walking-stick shot gun.

Completion of certificates

11.16 Shot gun certificates must be in theprescribed form (form 105). The followingparts of the certificate are to be completed bythe police before it is sent to an applicant:

a) the number of the certificate;b) the commencement and expiry dates of the

period of validity. A shot gun certificate is

normally valid for a period of five years(but see paragraph 11.18 about co-terminous certificates);

c) the name and address of the holder;d) the date of birth of the holder;e) the details (including the description or

identification number where known) ofeach of the shot guns currently in theapplicant’s possession; and

f) the official stamp of the police forceissuing the certificate together with thesignature of the chief officer of police andthe date when the grant or renewal of thecertificate was authorised, or date ofamendment in the case of replacementcertificates.

Renewals

11.17 The onus for applying to renew acertificate must rest with the holder. Allforces, however, should issue reminders tocertificate holders by post well in advanceto allow the renewal process to be completedbefore the original certificate expires.Normally, only one reminder should be sent.Further inquiries may be necessary if thecertificate expires without the holderresponding. A fresh certificate should beissued with each renewal. If no reply to thereminder is received, enquiries should bemade to trace the disposal of any shot gunsheld by virtue of the certificate in this lastinstance. Where the chief officer of policedecides to refuse an application for a renewalof a certificate, personal service of the notice,whenever practicable, informing the applicantof this decision will give them an opportunityto discuss the matter and might help toreduce the number of appeals to theCrown Court.

Co-terminous certificates

11.18 Section 11 of the 1988 Act providesfor chief officers of police to grant or renewa shot gun certificate for a period such that itwill expire at the same time as the holder’sfirearm certificate. The purpose of thisprovision is to enable both renewalprocedures to be carried out at the sametime, with a consequent saving to the policeand the certificate holder. A firearmcertificate holder applying for the grant or

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renewal of a shot gun certificate cantherefore request that it is issued with thesame expiry date as their firearm certificate.Alternatively, where shot gun certificateholders apply for the grant or renewal of afirearm certificate, they should be advisedthat they may surrender their shot guncertificate and apply for a new one at thereduced fee to take effect on the same dayas the firearm certificate.

Dilapidated certificates

11.19 A fresh certificate should be issued freeof charge in place of one which has becomedirty or mutilated. The old certificate shouldnot be returned to the holder and may bedestroyed. A certificate that is full oftransactions, leaving no more space in Table2, should also be replaced free of charge.

Revocations and Cancellations

11.20 Under section 30(C)(1) of the 1968 Act(as amended), a shot gun certificate may berevoked by the chief officer of police if theyare satisfied that the holder cannot bepermitted to possess a shot gun withoutdanger to public safety or to the peace.A chief officer must revoke a certificate heldby a person who has become prohibitedunder the terms of section 21 of the 1968Act. Forces will be expected to give reasonsfor their decisions to revoke a shot guncertificate. The courts also have the powerunder section 52(1) of the 1968 Act to cancelcertificates. Section 30(C)(2) of the 1968 Act(as amended) provides for a right of appealagainst the decision to revoke.

11.21 When the chief officer of policerevokes a certificate they must send theholder a notice in writing requiring themto either:

a) surrender the certificate within 21 days ofthe date of the notice (or the date of theabandonment or dismissal of any appealagainst revocation); or where the chiefofficer considers that the circumstancesof the case justify it,

b) surrender the certificate and any shot gunsheld by virtue of the certificate forthwith.

A certificate holder who fails to comply withsuch a notice is liable to a penalty. As towhich course of action to take, see below.Personal service of the notice to revoke,whenever practicable, gives the person anopportunity to discuss the matter and mighthelp to reduce the number of appeals to theCrown Court.

11.22 When a certificate has been cancelledby a court under section 52 of the 1968 Act,the chief officer of police may send theholder a notice in writing as at 11.21 a)above. A chief officer shall only send anotice which requires immediate compliance(as at 11.21 b) above) if they are satisfiedthat a delay in requiring the certificate holderto relinquish their certificate and shot gunwould pose a direct threat to public safetyor to the peace.

11.23 The certificate holder’s right of appealagainst revocation is unaffected and the shotgun must be retained by the police until theoutcome of the appeal is known. If theappeal against revocation succeeds, the shotgun must be returned. On the dismissal ofan appeal, the court may make such orderfor the disposal of the weapon as it thinksfit. If no appeal is brought, or the appeal isabandoned, the firearm should be disposedof in a manner agreed with the owner, whocontinues to retain title. In the absence ofagreement, the chief officer of police mustgive the owner notice in writing as to howthey intend to dispose of the weapon and theowner may appeal against that decision inaccordance with section 44 of the 1968 Act.The Court may either dismiss the appeal ormake such order as to the disposal of thefirearm as it thinks fit. In all cases, the policeshould keep records of how and wherefirearms have been disposed. Proceeds willalso need to be accounted for.

Police Records

11.24 The general guidance set out inChapter 10 in respect of firearm certificatesalso applies in respect of shot gun certificates.In particular, chief officers of police shouldoperate a system under which details of theshot guns acquired and possessed bycertificate holders can be recorded.

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Visitors

11.25 The acquisition of shot guns for exportwithout a certificate and visitors shot gunpermits are dealt with in Chapters 6 and 27respectively.

Representatives of Foreign Statesand Commonwealth countries

11.26 A person who enjoys diplomaticprivilege, whether representing a governmentor international organisation, is expected tohold a certificate in respect of any shot gunto which section 2 of the 1968 Act applies,which is used or carried outside the confinesof the embassy, legation, consulate or similarestablishment. The principles which normallygovern the granting of certificates should beobserved. The Diplomatic Privileges Act 1964exempts diplomats from payment of thecertificate fee. Diplomatic privileges have alsobeen extended to some international bodies,for example the International MaritimeOrganisation. Any inquires about the statusof such an organisation or its employeesshould be referred to the InternationalOrganisations Section of the ProtocolDivision of the Foreign and CommonwealthOffice (see Appendix 1).

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12.1 This Chapter offers guidance on theissue of a person’s “fitness” to be entrustedwith a firearm. “Fitness” applies specificallyto firearms only and this Chapter does nottherefore directly concern itself with shot gunrelated issues. It is issued without prejudice towhat a Court may decide constitutes “fitness”and contains a list of factors which are notintended to be exhaustive or prescriptive.

Introduction

12.2 Section 27(1)(a) of the 1968 Act (asamended) states that:

“A firearm certificate shall be grantedwhere the chief officer of police issatisfied that:– the applicant is fit to be entrusted

with a firearm to which section 1 ofthis Act applies; and

– is not a person prohibited by thisAct from possessing such a firearm”.

Section 30A(2)(a) of the 1968 Act (asamended) states that:

“The (firearm) certificate may berevoked if the chief officer of policehas reason to believe:– that the holder is of intemperate

habits or unsound mind or isotherwise unfitted to be entrustedwith a firearm”.

Assessing “fitness”

12.3 The chief officer of police should, whenassessing an application for, or revocation of,a firearm certificate, consider the followingfactors:

I. Prohibited persons and othersknown/suspected of criminalinvolvement

12.4 Section 21 of the 1968 Act sets outrestrictions on the possession of firearms bycertain categories of persons convicted ofcrimes. In short, persons who are sentencedto a term of imprisonment of 3 years ormore are never allowed to possess firearms,and persons who are sentenced to a term ofimprisonment for 3 months or more but lessthan 3 years must not possess firearms untilfive years have passed since the date ofrelease (see paragraphs 5.5 to 5.8 for moredetail about section 21).

12.5 Consideration should also be given toany previous convictions or cautions held bypersons who do not fall within the provisionsof section 21 and, in particular, anyconviction which involves the use of afirearm and offences involving violence, oroffences involving dishonesty or a disregardfor public safety, or cautions held by personsfor offences such as a failure to comply withconditions on a firearm certificate (takingaccount of the seriousness of the breach ofconditions). Although convictions overseas donot count towards prohibition, they might berelevant to questions of “fitness”. Chiefofficers of police will also want to be awareof the following judgements. Although thesecases were decided on their particular facts,they offer broad guidance that may haveapplicability elsewhere:

a) Dabek v Chief Constable of Devon andCornwall (1991), where the court ruled thata woman of good character should notpossess a gun where her husband had twoancient drug convictions but still associatedwith drug users;

Chapter 12:FITNESS TO BE ENTRUSTED WITH A FIREARM

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b) Chief Constable of Essex v Germain (1991),where the court ruled that a chief officerwas entitled, in revoking a shot gunlicence, to take into account the certificateholder’s drink driving convictions. It wasfelt that this demonstrated irresponsibilityand lack of self-control and justified thechief officer believing there was a futurerisk to the peace involving the shot gun;and

c) Spencer-Stewart v Chief Constable of Kent(1989), where the court ruled that thecertificate holder’s handling stolen goodsconviction was considered not to pose anyfuture risk in relation to possession of ashot gun, and thus the revocation of thelicence was not justified.

12.6 Information contained in criminalintelligence should be assessed payingparticular regard to alleged or knowninvolvement in criminal offences, particularlythose involving the use or threat of violenceor firearms, or evidence of associations withknown criminals. Chief officers of policeshould consider that any such informationmight have to be placed before a court ifthe applicant appeals.

12.7 When an applicant is a foreign nationalor has lived several years overseas theenquiries should be made through Interpolwith the authorities of the country concernedthat the applicant has no criminal recordoverseas that would have a bearing on their“fitness”. This includes applicants fromoverseas who have been granted Britishcitizenship.

II. Intemperate habits

12.8 Factors for consideration include:

a) Evidence of alcohol or drug abuse thatmay indicate that a person is unfit topossess a firearm due to the possibleimpairment of judgement and loss ofself-control. The relevant case law here is“Luke v Little” (1980) supported by “ChiefConstable of Essex v Germain” (1991).An assessment will need to be made intothe circumstances of each case. Usually,it will be a pattern of behaviour thatcauses concern but there may also be cases

where one-off incidents will bring intoquestion the fitness of somebody topossess firearms. In the case of “Lubbock vChief Constable of Lothian and Borders” (2001)the Sheriff ruled that the revocation of afirearms and shot gun certificate followingone isolated drink driving incident wasjustified given the individual’s generalattitude towards the offence;

b) Evidence of aggressive or anti-socialbehaviour which may include domesticdisputes or evidence of hostility likely tolead to violent acts against particulargroups categorised by, for example, race,gender, sexual orientation, religion or class.As at (a) above, an assessment will needto be made of each case, particularly asregards the seriousness of individualincidents; or

c) Evidence of disturbing and unusualbehaviour of a kind which gives rise towell-founded fears about the future misuseof firearms. A pattern of abuse shouldgenerally be regarded more seriously than asingle incident, although isolated incidentsshould not be disregarded in theassessment of the person concerned andtheir fitness to possess a firearm.

III. Unsound mind

12.9 This is a particularly difficult andsensitive area and it is not possible to providea definition that covers every eventuality. It isimpractical for a psychiatric assessment to beconducted on an applicant’s suitability topossess firearms. However, chief officers ofpolice should be alert to cases in which aGeneral Practitioner’s report reveals that anapplicant has exhibited, or is exhibiting, signsof depression, suicidal tendencies, long-standing or intermittent periods of eitheremotional instability or unpredictablebehaviour. Chief officers should also be alertto any of these signs exhibited by existingcertificate holders. This would includepersons who had been detained under thecivil powers of the Mental Health Act 1983on the basis of their behaviour posing a riskto the public (the Mental Health (Scotland)Act 1984 contains provisions covering similarsituations). Particular attention should be paidto anyone who has previously been subjectto a hospital order, guardianship order or

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Chapter 12FITNESS TO BE ENTRUSTED WITH A FIREARM

restriction order under the provisions of theMental Health Act 1983 following thecommission of offences. Although there is nocorrelation between periods of imprisonmentand periods of detention under the MentalHealth Act, it is important for officers toexamine the nature of the offences and thelength of the order in these situations.

12.10 It should be remembered that simplybecause a person has received treatment inthe past for certain illnesses or conditions,such as depression or stress, it does notautomatically follow that they are unfit topossess a firearm. It is simply one of thefactors to be considered with all otherevidence relating to the applicant’s characterand history. In such cases, account should betaken of the latest medical opinion.

IV. Safe-keeping and handling offirearms

12.11 Consideration should include anyevidence that unauthorised persons, such asfamily members or associates, who maythemselves present a danger to public safety,might have access to the firearms,notwithstanding any arrangements for thesecurity of the firearms which may have alreadybeen made. Any history of serious incidentsinvolving firearms, or a careless approach tothe handling of other potentially dangerousitems, should also receive close consideration.Where the latter exists, the police shouldconsider the likelihood of repetition.

V. Co-operation with the licensingauthority

12.12 The following examples may indicatethat a person has not complied with the needto co-operate:

a) the making of abusive or threateningphone calls to firearms licensingdepartment staff;

b) refusal to permit a police officer to inspectfirearms or security provisions. Therelevant case law here is “Bianchi v ChiefConstable of Northumbria” (1998); or

c) failures to respond to requests forinformation or to reply to correspondence.The case of Morris v Chief Constable of South

Wales Police (1999) has relevance. It mustbe recognised though that there might begenuine reasons for a failure to respond torequests for information, or to reply tocorrespondence. For example, illness,particular family circumstances or extendedabsence overseas. Such failures must notnecessarily be taken to indicate a lack ofco-operation with the licensing authority.

12.13 Care should be taken to ensure thatreasonable complaints about delays orinappropriate handling of a case are notcategorised as a failure to co-operate, orperceived by potential complainants as beingso categorised. Where the police consider thata person’s actions have brought them withinthe above subsections, but where it has beendecided that the application for a certificateshould not be refused, the person shouldreceive a warning in writing that furtherexamples of such actions may lead to futureapplications being refused or existingcertificates being revoked. Such a procedureensures that, where the reasons forrefusal/revocation are based on persistentfailures, adequate records exist of the failures.It also ensures the individual has been madeaware how their actions have been interpreted,allowing them to alter their actions in futureor complain at the time of the warning aboutthe interpretation placed on their actions.If, in the light of the query or complaint, it isfelt that the individual’s actions should nothave been categorised within the abovesubsections, a further letter stating this factshould be sent to the individual.

Further information

12.14 Where the applicant has previousconvictions, or where information has castdoubts on the suitability of the person to beentrusted with a firearm, the chief officer ofpolice should consider whether to approachagencies likely to have had involvement withthem, such as the probation service or socialservices. The chief officer should ensure thatthe reason for the enquiry is to ascertainwhether there is any further evidence that theperson would be unfit to possess a firearm.Where an applicant’s reason for possessingthe firearm is shooting on a farm or at aclub, for example, the chief officer should

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also consider whether to seek additionalinformation from persons such as therelevant farmer or secretary of the club whomay have close knowledge of the applicant’scharacter. Where this is considered necessary,care should be taken not to divulgeinformation about the applicant which isof a sensitive or confidential nature.

12.15 Where applicants have declared on theprescribed form that they have suffered froma mental or nervous disorder, includingdepression, and have given their consent toan approach being made to their GeneralPractitioner (GP) or medical adviser, the GPshould be asked in writing to provide factualdetails about the condition. The failure of aGP to provide such information should notin itself result in the refusal of an application.See also paragraphs 10.19 to 10.25.

12.16 Decisions on applications andrevocations should be made on an assessmentof all the relevant information and must bemade on the individual merits of each case.Evidence of previous convictions orintemperate behaviour, for example, mightnot result in an automatic refusal if, since theconviction, the applicant has led a law-abidinglife and shown a capacity to be entrusted topossess a firearm (except, naturally, in casescovered by paragraph 12.4 above).

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13.1 This Chapter sets out:

• the issues that chief officers will wish toconsider in assessing “good reason” inindividual cases; and

• advises on the more common “goodreasons” that the Home Office wouldconsider proper for the possession ofparticular firearms and ammunition.

Introduction

13.2 Under section 27(1)(b) of the 1968 Act,firearm certificates shall be granted by chiefofficers of police if they are satisfied thatapplicants have a “good reason” for havingin their possession, or for purchasing oracquiring, the firearm or ammunition inrespect of which applications are made. Apartfrom assessing fitness to possess firearms,“good reason” is one of the most substantialand complex areas of discretion that chiefofficers may exercise in licensing firearms.

13.3 This guidance is not exhaustive, andchief officers of police will encounter casesnot covered here where they may properlyjudge that “good reason” is proven. Eachcase must be judged on its own merits, beingmindful of the consistent administration ofthe Acts and the need to provide fair andequitable treatment to all applicants.

13.4 Apart from having a “good reason” inprinciple, an applicant’s reasons for owningfirearms should be genuine and substantial.Chief officers of police should exercise cautionin dealing with cases where the applicantpresents a nominal reason for possessingfirearms but may have ulterior motives. Thepolice will be expected to make reasonableinquiries to verify the applicant’s “goodreason” for the possession of firearms. Thismay include a request for written authorities

where possible; verification of the likelihoodof the quarry species being present; thesuitability of land for the firearms requestedcommensurate with the applicant’s experience;their authority to shoot on the land; and, inthe case of target shooters, verification of clubmembership and shooting activities.

13.5 There are exemptions in the FirearmsActs that allow individuals to possess and usefirearms without holding their own certificate.An intention to acquire a personal firearmcertificate, with the attendant privileges andresponsibilities, should generally involve agenuine intent to use the firearms concernedregularly (depending on the type of firearmand the opportunities to use it) or a “goodreason” of similar substance. Failure to usea firearm (but see paragraph 13.46 andsections on firearms of historical importance,collections and trophies of war) or failure toacquire one may be cause for further inquiryas to the applicant’s intentions.

13.6 “Good reason” should be neitherconfined to need nor equated with desire.Most firearm certificate holders possessfirearms for reasons of their profession,sport or recreation, and may properly wishto exercise discretion as to what types offirearms they choose for these purposes.On the other hand, a simple wish to owna particular sort of firearm is not in itself“good reason” without further supportingevidence of intentions. Chief officers ofpolice should be mindful of case law(Anderson v Neilans (1940) and Joy v ChiefConstable of Dumfries and Galloway (1966))which suggests that the chief officer shouldconsider the application firstly “from thestandpoint of the applicant rather than fromthat of a possible objector”. “Good reason”will need to be demonstrated for each firearmto be held under section 1 of the 1968 Act.

Chapter 13GOOD REASON TO POSSESS A FIREARM

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13.7 With the exception of the limits set bythe Deer Acts and similar legislation, thesuggested calibres for different quarry speciesare intended as examples of the typical rangeof calibres used rather than prescriptivelimits. In most cases there will be a range ofbroadly similar commercial calibres suitablefor different quarry (see paragraph 13.8 fordefinition of this term for the purposes ofthis guidance).

Quarry shooting, including shootingpest species (vermin) and othershooting over land

13.8 “Quarry” is the general term for liveanimals (including birds) shot over land. In thiscontext, “land” means an area to be shot over,for example a woodland, moorland, heath,wetland, foreshore, open water or field.Firearm certificate holders may wish to usefirearms to shoot at deer, game, pest or otherquarry species. Calibres authorised should bepowerful enough to ensure a clean kill of thequarry species concerned.

13.9 A person wishing to shoot over landshould nominate in their application a specificarea of land over which they intend to orhave permission to shoot (this does notrestrict their ability to shoot elsewhere wherepermission is also given), and provide writtenauthority, where possible, from the personentitled to grant the shooting rights. The landmay then be examined and approved by thepolice (if it is not already known to besuitable) in order to help to establish that the“good reason” requirement has been fully metand that the use of firearms and ammunitionwill not endanger public safety or the peace(section 27(1)(c) of the 1968 Act).

13.10 The named land need not be owned orrented by the applicant, nor need they haveregular or automatic access to it. Farmers andlandowners may allow shooters to shoot ontheir land, for payment or otherwise, on aformal or informal basis. An applicant neednot always nominate a piece of land asevidence of “good reason”, but in such casesthe applicant may be required, where possible,to provide written evidence, for example froma relevant organisation, a professional pestcontroller or of a booking to shoot.

13.11 It is accepted that land is notintrinsically “safe” or “unsafe” and that anyshooter will have to exercise a strong measureof discretion in deciding whether to shoot inparticular circumstances. However, the policewill wish to be satisfied as part of “goodreason” that the land nominated is not clearlyunsuitable for the types of firearms to beused. The land inspection is intended only aspart of the process of verifying that a “goodreason” exists. It should not normally beextended to other areas of land on which theapplicant intends to shoot unless there is tobe a condition restricting a new shooter tospecified land only. An inspection, where it isrequired, may provide a good opportunity toconfirm that the applicant understands thecharacteristics of the land and the best placesto shoot safely on it. The applicant’sknowledge of safe shooting is also veryimportant and they should therefore, wherepossible, be present when the inspection takesplace. This will give applicants the opportunityto confirm that they are aware of anypotential hazards and know that no shot mustever be fired from a rifle unless there is a safebackstop. Some of the issues that the policewill need to consider in relation to all thecircumstances of the specific application are:

a) Presence of rights of way, public roads andfootpaths and their frequency of use;

b) Proximity of dwellings;c) Suitable backstops relevant to the firearm

to be used (not so important with a shotgun unless using section 1 ammunition);

d) General topography of the land; ande) Presence of any quarry species on the land

(see paragraph 13.13 for guidance).

13.12 It should not be difficult for thecertificate holder whose certificate is to beconditioned to allow shooting only on landapproved by the chief officer of police, andwith whom the responsibility lies, to establishwhether an area of land has been approvedfor their type and calibre of firearm withoutconsulting the local police. In most cases it islikely that the landowner, tenant or agent willbe able to provide confirmation. It shouldonly be necessary for the certificate holder tocheck with the police in a minority of casesand it is expected that in only a small

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number of those will it be necessary toinspect the land.

13.13 When land inspections are required,the knowledge of local shooters, stalkers,gamekeepers etc. may be drawn upon. This isparticularly important in cases of doubt.Decisions to refuse approval on public safetygrounds should not be based on theassessment of a police officer with little orno experience in such matters and the viewsof those experienced in the field use offirearms should be sought before finaldecisions are made.

13.14 “Good reason” to possess particularfirearms will generally be linked to the quarryspecies found on the land concerned, forexample on a farm or estate. However,conditions for the possession of suchfirearms should allow the certificate holder todeal with reasonable eventualities, for examplepest or game species or the humanedestruction of injured animals on the estate.The Pest Act 1954 imposes a duty withfinancial penalties on occupiers of land tocontrol rabbits on their land. Under theAnimals Act 1971, a person may, undercertain specified circumstances, shoot a dogfound worrying sheep, cattle or otherlivestock (see also paragraph 14.22). A shotgun may be used where dogs worrying sheepand other livestock are to be killed. Wherethe use of a rifle for these purposes is citedas “good reason”, DEFRA advise thatcalibres suitable for small deer would beappropriate.

13.15 Most rifle cartridges were designed forspecific purposes but may be suitable for arange of other quarry. The table on page 77provides guidance on whether, for thepurposes of establishing “good reason”, aparticular calibre is suitable for shootingcertain quarry. “Yes” indicates that the calibreis suitable for the purpose and pursuit ofsuch quarry would normally be a “goodreason” to possess such a rifle. “No”indicates that the calibre and muzzle energy iseither unsuitable, unlawful or inhumane andpursuit of such a quarry would not thereforebe a “good reason” to possess such a rifle. Insome cases an applicant will want to possesstwo similar weapons for the same category of

use. For example, where an employer requiresthe applicant to use a weapon for officialpurposes but the applicant also wants tohold one for personal use (for example,deerstalking). Chief officers of police shouldalso note that many animals and birds areprotected by law (see Chapter 14). It shouldbe noted that the following list of calibres isnot exhaustive but will serve as a usefulguide. Licensing officers will also wish tohave regard to other paragraphs in thisChapter which offer more detailed guidancein relation to specific quarry.

Shooting Small Quarry Species,including Game and Pest Species(Vermin)

13.16 The term “game” covers certain birdsand animals that may be shot for food andsport. Apart from deer which are dealt withbelow, these may include rabbit, hare,pheasant, partridge, grouse, woodcock andother game birds. The term “vermin” is notdefined in law, but it may include destructivespecies that cause damage to crops orproperty such as rabbits, mink, stoat, weasel,brown rat, and grey squirrel, as well as somebirds such as wood pigeon, rook and crow.Foxes are dealt with in paragraphs 13.23 and13.24. Under schedule 6 of the Wildlife andCountryside Act 1981, certain species such aswild cats, pine martens, badgers and ottersmay not be shot with any automatic or semi-automatic firearm or killed or taken by otherprohibited methods under section 11(2) ofthe 1981 Act. These species may be pestsunder certain circumstances but may only bekilled under licence (see also Chapter 14).

13.17 The rifle cartridge most commonly usedto shoot ground game and vermin is .22rimfire. If a combination rifle/shot gun(such as a German “Drilling”) is used, the riflecalibre should be .22 rimfire. More powerfulrounds such as .17 Remington and .22 Hornetare suitable for ground game and vermin, andmay be considered if the applicant also intendsto shoot fox to avoid possession of a furthergun. Expanding ammunition may be grantedfor shooting vermin.

13.18 Self-loading shot guns (semi-automaticis defined in section 27 of the Wildlife and

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Countryside Act 1981 as holding more thantwo cartridges in the magazine and appliesonly to large magazine shot guns (and.22RF)) may be used to shoot certain pestspecies under the terms of a licence fromeither the Department for Environment,Food and Rural Affairs (DEFRA) (WLF100091 in England, WLF 008 in Wales) orthe Scottish Executive Environment andRural Affairs Department (SEERAD), butis applicable to avian species only. Large-magazine shot guns may be required to dealwith serious pest problems with wood pigeonor corvids (rooks and crows).

13.19 Air rifles in calibres from .177 to .25are often used for vermin control and for theshooting of small game when an applicantwishes to use a firearm less powerful thanthe .22 rimfire.

13.20 Section 4 of the 1997 Act allows thepossession and use of shot pistols in calibres.410 and 9mm rimfire, provided that such apistol is “subject to a condition that it is onlyfor use in connection with the shooting ofvermin” (see Appendix 3 for the exactwording of the condition which covers thesecircumstances). This exemption was intendedmainly for pest controllers who may need touse a firearm of this kind in farm buildings,farmyards and similar areas where use ofa conventional shot gun would beinappropriate, for example fruit cagesor near release pens.

13.21 Those involved in shooting vermin willnormally be authorised to possess up to 750rounds and acquire 500 at any given time.Expanding ammunition may be authorised forthis purpose. However, larger allocations maybe required in some circumstances, perhapsfor individuals who are responsible for pestcontrol over large areas of land or wherethere are serious infestations, for example ofrabbits. In such cases, it might be appropriateto authorise the individual to possess up to1,500 rounds and acquire 1,000 at any giventime. These amounts are only guides andshould not be seen as absolute limits to beapplied in all cases. An applicant who isresponsible for a lot of pest control mayreasonably want two rifles firing the same, ora closely allied cartridge.

13.22 Chief officers of police will wish to bemindful that quarry species are mobile andapplicants may not be able to always predicttheir presence on land on a consistent basis.Certificate conditions should therefore allowthe applicant flexibility in dealing with quarryspecies. However, where a particular quarryforms the basis of the applicant’s “goodreason” its likely presence will need to beconfirmed (see paragraph 13.13 for guidance).

Fox

13.23 Common rifle cartridges consideredsuitable for the shooting of foxes range from.17 Remington, and .22 Hornet to .22 -250and .220 Swift, though there is a wide rangeof suitable similar calibres commerciallyavailable. In windy areas, where heavier bulletsaid accurate shooting, or if applicants wish touse one rifle for shooting both deer and foxesthey may choose a rifle in 6mm (.243/.244) or6.5mm (.264) calibre. .22 Rimfire is generallytoo low-powered to be used against foxexcept at short range, but may reasonably bepermitted for use against such quarry incertain circumstances. However, sole useagainst fox would not normally be sufficient“good reason” to acquire such a rifle (seeparagraph 13.15). Combination shot gun/riflesshould have the rifled barrel in a similarcalibre. Expanding ammunition should beauthorised for shooting foxes. Those involvedin shooting foxes will normally be authorisedto possess up to 250 rounds and acquire 200at any given time, but consideration shouldthough be given to each shooter’s individualcircumstances, particularly where re-loaders areacquiring missiles. See also paragraph 13.14 onallowing applicant’s flexibility to reasonablyshoot other species on named land.

13.24 It is desirable that new applicantsshould have some previous experienceof the safe use of firearms before usingsuch rifles.

Other animals

13.25 Authority may be requested to shootanimals which fall outside the scope of usualtypes of game or vermin, for example feralgoat or wild boar. The type of rifleauthorised should be appropriate to the

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quarry species, for example .270, .30-06 or.308 or greater for wild boar. For feral goats,DEFRA advise the use of a minimum calibreof .243 with a bullet weight of 100 grains tobe humane. However, individual bulletweights should not be stipulated oncertificates. Expanding ammunition shouldbe authorised for this purpose.

13.26 Hunting potentially dangerous animalswith larger calibre rifles requires particularskill, and applicants should generally haveexperience of firearms. Applicants should putforward specific named land and a request orauthority from the owner/occupier to shootthe species concerned.

13.27 Under the Conservation of Seals Act1970, seals may be shot by fishermen andothers to prevent damage to fishing nets.Seals may also be shot under licences issuedby DEFRA or the Scottish ExecutiveEnvironment and Rural Affairs Department(SEERAD). No firearm may be used except arifle using ammunition with a muzzle energyof greater than 600 foot pounds and a bulletweight of not less than 45 grains. Thisequates to at least a .22 Hornet centrefirerifle using 45 grain, although this cartridge is,at best, only marginally humane.

Deer

13.28 The shooting of deer is governed bythe Deer Acts which require that deer beshot with rifle cartridges of particular muzzleenergy and (in Scotland) muzzle velocity andbullet weight (see Chapter 14 for furtherdetail). The Deer Acts also require that“soft nosed or hollow nosed” (expanding)ammunition, or in the case of Scotlandammunition “designed to deform in apredictable manner”, must be used forshooting deer. Deer stalkers will normally beauthorised to possess up to 250 rounds ofammunition and to acquire 200 rounds butaccount should be taken of individualcircumstances, for example where re-loadersare acquiring missiles or where the shooter isa professional deer stalker.

13.29 Suitable calibres for shooting deer rangefrom .243 to .45-70. For the larger species ofdeer (Red, Sika and Fallow) .243 calibre is

legal, but .270 and larger calibres are generallymore suitable allowing a 130-150 grain bulletweight, a muzzle velocity of 2,450 feet persecond and a muzzle energy of 1,750 footpounds. For the smaller deer species (Roe,Muntjac and Chinese Water Deer) .243calibres are optimal. See paragraph 13.32 forinformation about legislative requirements forthe shooting of deer in Scotland, which arebased on the performance of the ammunitionnot the calibre of the rifle.

13.30 An applicant who wishes to shoot deershould name land which has the likelihood ofthe appropriate deer species being present,and an invitation, booking or authority toshoot. Many deer stalkers will rely oninvitations to shoot on payment rather thanbe hired or paid to do so and may not beable to shoot regularly or frequently, thoughothers may be permanently employed, forexample Forestry Commission staff. Huntinglarge animals with powerful rifles requiresparticular skill, and applicants should generallyhave experience of firearms.

13.31 The Deer Act also authorises the useof smooth-bore guns of at least 12 bore forshooting deer, firing a non spherical slug ofat least 350 grains to kill deer on cultivatedland, pasture or enclosed woodland if it canbe shown that the deer were causing seriousdamage to crops, vegetables, fruit, growingtimber or other property, that such damagewas likely to continue and that that actionwas needed to prevent this. This provisionwas intended to allow farmers and crofterswho own a shot gun but not a rifle to dealwith marauding deer. Shot guns for use withsolid slug should be cylinder bored and fittedwith sights, if available. Solid slug is section 1ammunition and so a firearm certificatewould be needed for possession and use.A suitable rifle would be more appropriatefor a regular need to control deer.

13.32 Section 3 of the Deer (Firearms etc.)(Scotland) Order 1985 makes differentprovisions for the shooting of Roe Deer inScotland. A calibre is not stipulated but thebullet weight must be not less than 50 grains,the muzzle velocity not less than 2,450 feetper second and the muzzle energy of morethan 1,000 foot pounds. In practical terms,

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this means a calibre of .222 or greater, ratherthan the .240 or greater required in Englandand Wales. For deer in Scotland other thanRoe, bullets of not less than 100 grains, anda muzzle velocity of not less than 2,450 feetper second and a muzzle energy of not lessthan 1,750 foot pounds are all required. The1985 Order also allows the use of a shot gunin certain limited circumstances, but for landmanagement reasons only. Closed seasons arealso different in Scotland (see Chapter 14).Otherwise the general comments on deerstalking above apply.

Overseas use

13.33 Individuals going overseas may wishto hunt animals not found in this countryand wish to acquire firearms for thispurpose This may include, for example,Big Game or Dangerous Game animalssuch as elephant, Cape buffalo, lion orleopard, or Plains Game such as variousspecies of antelope.

13.34 Rifles for this purpose may includebolt-action or double-barrelled rifles ofvarious calibres, often very large and of high(4,000-5,000 foot pounds) muzzle energies.These might include .375 H&H Magnum forPlains Game, calibres between .375 H&HMagnum and .600 for Big Game and .300Winchester or greater for bear.

13.35 The police will wish to be satisfied thatan applicant has genuine intentions to usesuch rifles abroad, though such visits may beinfrequent. Due to the terms of section 9 ofthe 1997 Act, expanding ammunition may notbe authorised in connection with use abroad.Zeroing with non-expanding ammunition maybe permitted in the UK providing a suitablerange or land is available. Those who home-load their non-expanding ammunition forsuch zeroing will also need to test andchronograph it. Some rifles intended forantelope and other Plains Game may alsobe suitable for deer, boar or other quarryshooting in this country. Calibres such asthe .375 (9.5mm) are at the lower end ofthose suitable for shooting “dangerous game”but may, once initial “good reason” has beenestablished, also be used for shooting thelarger deer species in Britain. Expanding

ammunition may also be authorised for anapplicant whose certificate allows for the riflealso to be used for shooting deer in Britain.Where a shooter experiences difficulties inobtaining “dangerous game” cartridges in thecountry where that game is to be hunted,arrangements can be made for a dealer toexport an appropriate quantity which canbe collected by the shooter at the pointof embarkation.

Humane Killing of Animals

13.36 The humane killing of sick or injuredanimals with a firearm is normally confinedto those who may deal with such animals ona fairly regular basis. Examples would includeveterinary surgeons, RSPCA inspectors, huntservants, and occupiers of farms andsmallholdings. Once such a firearm certificateis granted, the holder is able to use thefirearm for the humane killing of any animalshould the need arise, subject to anyconditions on the certificate. The holder mayalso use a shot gun when appropriate. Riflesof any centrefire calibre may be suitable forthis work. For pistols and slaughteringinstruments under section 3 of the 1997 Act,a .32 single (or two) shot pistol is suitable formost circumstances, though larger calibresmay be considered if the applicant has todeal regularly with large or dangerous animals(for example, horses, water buffalo, bison,Highland cattle or larger deer species).Sound moderators for pistols should generallybe authorised only for veterinary surgeonsworking at racecourses. Adapted conventionalhandguns are not generally consideredsuitable for humane dispatch. The use ofsolid slug ammunition for shot guns shouldnormally be authorised only for staff on wildboar farms or other farming establishments,though veterinary surgeons may also have aneed for solid slug to destroy large animalssuch as bulls. The Humane SlaughterAssociation (HSA) advise that solid slugfor shot guns should only be used froma distance and with a suitable backdrop.The HSA also advise that, under suchcircumstances, a suitably powerful rifle maybe more accurate. Comprehensive guidanceon the humane killing of animals is availablefrom the HSA (see Appendix 1).

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13.37 The humane killing of sick or injuredanimals is distinct from the slaughter ofanimals for human consumption. Theprovision of free firearm certificates appliesonly to the latter category.

Slaughtering

13.38 The slaughter of animals for humanconsumption will often be carried out usingcaptive-bolt instruments that are notconsidered “firearms” for legal purposes.However, authorisation to possess andacquire a free-bullet slaughtering instrumentmay normally be granted to proprietors ofslaughterhouses, knackermen, deer and wildboar farmers, master butchers, and farmers,smallholders and crofters who need toslaughter their own animals. Expandingammunition should also be authorised forthis purpose.

13.39 Under section 10 of the 1968 Act,no certificate is required for a licensedslaughterman (under the terms of theSlaughterhouses Act 1974 or the Slaughterof Animals (Scotland) Act 1980) to possessa slaughtering instrument or ammunitionin any slaughterhouse or knackers yardwhere they are employed. The use of allslaughtering instruments is governed by theWelfare of Animals (Slaughter or Killing)Regulations 1995.

13.40 Under section 32(3) of the 1968 Act,no fee is payable for a firearm certificateissued in respect of a slaughtering instrumentor ammunition thereof which the applicantrequires for the humane slaughter of animals.

Target shooting

13.41 Target shooting includes the use offirearms for sport and recreation. TheDepartment of Culture, Media and Sport(DCMS) recognises the Great Britain TargetShooting Federation which brings togetherthe national Governing Bodies for targetshooting. These divide responsibilities fordifferent types of target shooting as follows:

• National Small Bore Rifle Association(NSRA) – .22 rifles, air rifles and airpistols not greater than .22 calibre

• National Rifle Association – full-bore rifles,centrefire pistols and muzzle-loading rifleand pistol competitions not covered byMLAGB; and

• Muzzle-Loaders Association of GreatBritain (MLAGB) – muzzle-loading riflesand pistols (including muzzle-loading“cap and ball” revolvers) underInternational Rules.

Additionally, the United Kingdom PracticalShooting Association and the British WesternShooting Society govern various types oftarget shooting involving the use of shotguns, muzzle-loading pistols and rifles.

13.42 Small cartridge-firing firearms whichcome under section 5(1)(aba) of the 1968 Actmay only be used under the specific authorityof the Secretary of State or the ScottishMinisters, at specified locations. These aredistinct from long-barrelled revolvers and long-range pistols which are section 1 firearms.

13.43 Under section 44 of the 1997 Act, aperson whose only reason for possessing arifle or muzzle loading pistol is for targetshooting must be a member of a targetshooting club approved by the Home Officeor the Scottish Executive Justice Department.The applicant is not confined to shootingonly under the auspices of that club and manyapplicants will wish to shoot with other clubsor independently. However, membership of aparticular club will generally be the core ofthe applicant’s “good reason” and the focusof much of their shooting activity. In somecases however, the “good reason” for certainfirearms may be activities in a club other thanthe one nominated club. Long-barrelledrevolvers, long-range pistols and section 1shot guns do not fall within the three HomeOffice categories of approval for targetshooting clubs, and therefore they cannot takeadvantage of the free club certificate issued toHome Office approved clubs. They canhowever be held on an individual’s firearmcertificate as long as they have the facilities touse the firearms for target shooting.

13.44 An applicant should have access toappropriate ranges for the types of firearmconcerned and all shooting must comply withthe Range Safety Certificate in force on that

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range and any local standing orders on thatrange. For example, the Ministry of Defencewill only allow solid slug to be used onranges which have been specifically approvedfor this type of ammunition. Muzzle-loadersand other users of black powder need tohold an explosives certificate, a RecipientCompetent Authority and possibly a Placingon the Market and Supervision of Transfer ofExplosives Regulation document to possessand/or transfer black powder, though not forPyrodex and other smokeless powders.

13.45 Target shooting will normally involveshooting disciplines or activities under thegeneral auspices of one of the main nationalshooting organisations (see 13.41 aboveand other national organisations such asthe Historical Breechloading SmallarmsAssociation and the Vintage ArmsAssociation) but will not necessarily be totheir competition rules. It will involveshooting at a target on an approved rangebut does not necessarily mean shooting incompetitions, formal or otherwise. Localshooting disciplines of long standing maybe accepted as “good reason” for possessingparticular firearms.

13.46 Target shooters may be expected touse their firearms fairly regularly, say threeor more times a year. The police shouldconsider on renewal whether “good reason”continues in respect of all firearms held forthis purpose. However, failure to shoot in ayear should be regarded as grounds forfurther enquiries to be made, rather thanautomatic partial revocation of the certificatefor lack of “good reason”. For example, theremay be personal circumstances such as illness,working away (where this is not to berepeated regularly), or practice for a particularcompetition that may preclude the use of allthe firearms concerned. In some cases,competitions for unusual or older arms maybe few each year. Owners may also not wantto regularly shoot old and valuable weapons,thus avoiding excessive wear and tear.

13.47 Chief officers of police should alsoconsider the “good reason” for possessionof ammunition quantities for target shooting.Allocations of 1,000 rounds, to possess,purchase or acquire, are not unreasonable for

most regular shooters. A serious targetshooter (for example in a county or nationalsquad) may reasonably wish to possess up to6,000 and acquire up to 5,000 rounds toensure consistency in performance betweenbatches. In exceptional circumstances greateramounts may be required. These figuresshould be used as guides only and shouldnot be interpreted as absolute limits. This isnormally applicable to .22RF rather than full-bore target shooting. Economy of purchase(bulk buying) is not considered satisfactoryas “good reason”.

13.48 Long-range pistols will often use rifleactions and calibres. An applicant to possessa firearm of this sort may be a member ofthe International Long-Range Pistol ShootingAssociation (ILRPSA), or other appropriateshooting organisation which organises andmarshals this type of shooting discipline,although this is not a requirement. A suitablerange (see 13.44 above) is required.

13.49 Pump-action, self-loading and othertypes of shot gun may be used for “practical”target shooting disciplines in which theshooter moves to engage a number ofdifferent targets. Solid slug ammunition maybe authorised for this purpose on rangesspecifically approved by the Ministry ofDefence for this class of ammunition.Applicants should normally be a member ofa relevant organisation such as the UnitedKingdom Practical Shooting Association,either individually or as a member of anaffiliated club. For “End of Trail” shooting, aset of practical disciplines with a “Wild West”theme, the British Western Shooting Society(BWSS) is the relevant organisation. In viewof the potential hazards associated with themore extreme forms of practical shooting, thepolice will wish to consider with particularcare applications for firearms for “practical”shooting that may fall beyond the examplescited above.

Handguns of Historical Importance

13.50 See Chapter 9.

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Collection of firearms

13.51 The collecting of firearms by agenuinely interested collector should beaccepted as a “good reason” for the grantof a firearm certificate. There should be noblanket policy to prevent the collecting ofmodern firearms (though collectable firearmswill tend to be of the Second World War orearlier eras) nor should arbitrary limits beimposed on the number or type of firearms.However, a single firearm is unlikely to beacceptable unless it forms part of a collectionof other exhibits (but see paragraph 9.17).Modern reproductions of vintage arms maybe collected, especially to fill gaps incollections of older firearms. There are nonormal calibres for collecting, and collectionsmay include field artillery, tanks and otherarmoured fighting vehicles. Vintage handgunsare dealt with in Chapter 9. Collections mayinclude firearms disguised as other objectsthat would otherwise be prohibited undersection 5(1A) of the 1968 Act. Ammunitionmay be collected of itself, includingexpanding, incendiary or armour-piercingammunition or explosives that wouldotherwise be prohibited under section 5(1A)of the 1968 Act.

13.52 Chief officers of police should satisfythemselves that the applicant is a bona fidecollector who has a genuine interest, perhapsacademic, in the evolution of firearms or inparticular types or periods, and that the typesof firearm requested fall within this interest.Evidence that a person is a member of arelevant society (for example the HistoricalBreechloading Smallarms Association (HBSA)or the European Cartridge ResearchAssociation) might be taken as an indicationthat they have a genuine interest in collecting,but this is not a requirement. Firearmscapable of being fired may be collected, anda collection may include items other thanfirearms, for example uniforms and militaryequipment. Collections of one or two firearmsshould not normally be accepted unlessforming part of a wider collection of non-firearm related exhibits. “Collection” shouldnot be used as an excuse to retain firearmspurely for personal or sentimental reasons.In the case of Hutchinson v Chief Constable ofGrampian’ (1977), the Court upheld the

decision to refuse to issue a certificate forcollection to an applicant who was notconsidered to be a bona fide collector.

13.53 Generally, bona fide collectors offirearms are not normally authorised topossess ammunition and are made subject toa condition prohibiting their use as firearms.This will be an appropriate balance to thepossession of a large number of firearms bya private individual. However, there are twoinstances where ammunition might beauthorised. Some collectors may wish tocollect ammunition either as a part of a widercollection of firearms or in its own right.There may also be cases where applicantswish to fire their firearms occasionally, forexample to test fire them on an appropriaterange. In these cases, the allocation ofammunition for each firearm should be small,and the applicant expected to use theserarely. The provisions of regular use as fortarget shooting set out above should not beapplied. A similar principle would apply toantique firearms not held as a curiosity orornament that are held on certificate foroccasional firing. Collections of ammunitionmay also include exhibits to which section 5of the 1968 Act applies. This will normallybe reflected in conditions.

13.54 Collectors of firearms should notgenerally be registered as dealers in respect oftheir collections – see Chapter 16. Specialarrangements apply to collections of firearmsheld by museums see Chapter 17, though incases where a museum holds only a fewfirearms (for example as part of a statelyhome), the grant of a firearm certificatemight be appropriate.

Trophies of War

13.55 A “trophy of war” is not defined inlegislation, but is generally held to refer tofirearms either carried on active service orcaptured from the enemy. All personsretaining trophies of war must hold acertificate but no fee is payable for this.No ammunition should be included on acertificate relating solely to a trophy of war.Handguns may be retained as trophies of warunder section 6 of the 1997 Act without

73


obtaining the authority of the Secretary ofState or the Scottish Ministers.

13.56 In general, the term “trophy of war”may be interpreted fairly widely when personsof good repute wish to retain possession of afirearm without the associated ammunition,providing that it is not government property.Weapons issued or captured after the SecondWorld War are government property andtheir retention is not permitted. This appliesto weapons brought back from otherconflicts, for example the Falklands campaignin 1982 and the Gulf War in 1990-91.

13.57 Firearms acquired from the originalholder and no longer held as familyheirlooms should not normally be regarded as“trophies of war” and should be subject tothe normal firearm certificate procedure.Firearms recovered from wrecked ships andcrashed military aircraft cannot be regarded astrophies of war and their retention, unlessauthorised by the Receiver of Wreck or theMinistry of Defence, cannot be authorised.

13.58 The provisions of section 6 of the 1997Act make no mention of the inheritance ofhandguns held as trophies of war so thesecannot be inherited directly under thoseprovisions. However, the Home Office isprepared, in principle, to grant the Secretaryof State’s authority to allow new heirs toinherit such weapons, and they may then beentered on the heir’s certificate as “trophiesof war” in the usual way.

Signalling apparatus

13.59 Signalling apparatus may include flarepistols of up to one-and-a-half inch (37mm)calibre, and pen-type launchers for distressflares, as well as birdscaring apparatus used atairports. Authority to possess such items isnormally granted to ships’ masters as part ofships’ equipment, to small boat owners, toharbour or airport employees, or to membersof mountain rescue teams. Deerstalkers,wildfowlers or hill walkers who operate inisolated areas may also need to seek authorityto carry some form of distress flare.

13.60 Flares of a kind that use a male spigotlauncher are not subject to controls and are

commonly used by mariners, hill walkers andothers. Likewise, gas powered “guns” andblank firing guns used by farmers to scarebirds from crops are not subject tocertification, and controlled firearms are notgenerally needed for this purpose. However,the ammunition for such birdscaringequipment is usually a single projectile, and isthus subject to certification. Line-throwingrockets (and their launchers/projectors) andsimilar devices for throwing ropes to ships indistress are not generally considered to be“firearms” for certification purposes.

Controlling Races

13.61 Section 5 of the 1997 Act provides thata person may be authorised to possess a smallfirearm (handgun) for the purpose of startingraces at athletics meetings. This was intendedto allow starters, who may not necessarily bethe certificate holder, to use guns thatproduce a muzzle-flash to start races at whichrecords might be set. Starters should begraded 1 or 2 (but see paragraph 6.32) withinUK Athletics Ltd (formerly the UK AthleticsFederation) and should only possess blankammunition. Starters of swimming, cyclingand other races have no need of workingfirearms and may use blank-firing pistolswhich are not subject to certification.

13.62 Small cannons of the kind used forstarting yacht races may be authorised formembers of yacht clubs and similar maritimeassociations. These are treated as signallingapparatus for certification purposes. Theseshould only be authorised for use withblank ammunition.

Historical re-enactment

13.63 The use of firearms in historicalre-enactment is most commonly associatedwith the Sealed Knot and other groups whorecreate the English Civil War era – such asthe English Civil War Society. However,periods covered by re-enactors using firearmsextend from the Middle Ages to the SecondWorld War and later. Re-enactors possessingblack powder (gunpowder) will also need anExplosives Certificate. Muzzle-loadingmuskets and small cannon are classed assection 2 shot guns for certification purposes

74


and re-enactors may also use imitation andde-activated firearms which are not subject tocertification, especially for the more modernperiod. However, re-enactors will often wishto demonstrate the workings of theirweapons in detail, and section 1 weapons willbe appropriate for this purpose. Distinction ismade between battle re-enactors and thoseinvolved in historical performance, wherethere are costumed characters in a publicpresentation, using some form of a script andrehearsals, for which firearms and blankammunition may be needed as props. In theabsence of Court rulings, chief officers ofpolice may consider that only the latterqualify for the exemption to hold a certificateunder section 12(1) of the 1968 Act (see alsoparagraph 6.40).

13.64 Firearms commonly used for re-enactment may include rifles (generally bolt-action or single shot), rifled muskets andother muzzle-loading small-arms, muzzle-loading cannon, other artillery, and gunsmounted on tanks, ships and other armouredfighting vehicles. Many Lee-Enfield .303“rifles” and any other rifles of World WarOne and Two vintage will have been smooth-bored in the past for use as shot guns, albeitnow held as section 1 weapons with largecapacity or detachable magazines. For largeguns with a crew, for example a muzzle-loading cannon over 2 inch bore, only thegun captain need hold a firearm certificate.Live ammunition for target shooting shouldnot generally be authorised for weapons usedfor re-enactment. Antique weapons fired withblank ammunition (for example Snider-Enfield and Martini Henry rifles used byVictorian re-enactment groups) should beheld on certificate. If any weapon is used formore than one purpose – for example, a re-enactor may wish to hold the same weaponfor muzzle-loading target shooting – it shouldbe able to be clarified for the chief officer ofpolice to record the case.

13.65 Re-enactors will normally be a memberof an appropriate society for the historicalperiod concerned and be authorised topossess firearms relating to the period andthe role played. Some re-enactors, inparticular cavalry soldiers, may be membersof several societies and play a range of roles

with need for a mixture of historicalweapons. Muzzle loading pistols, includingmuzzle-loading revolvers used by AmericanCivil War re-enactors and “Western Groups”,will normally be authorised for those playingofficers, cavalry soldiers or cowboys. In casesof doubt the chief officer of police may wishto consult with the officers and officials ofthe relevant re-enactment society concerned(see Appendix 1).

Theatrical use

13.66 Section 12 of the 1968 Act permitspeople taking part in a theatrical performanceor rehearsal to possess genuine firearmsduring the performance or rehearsal. Underthese circumstances, a firearm certificate maybe issued to the theatre manager or filmproduction armourer. Persons under eighteendo not qualify for this exemption by virtueof section 28 of the 1968 Act, as amendedby section 4(3) of the 1992 Regulations.For these purposes, film may be held toinclude television. See also 13.63 for thedistinction between historical performanceand battle re-enactment.

Treating Animals

13.67 Tranquillising equipment such as dartguns and blowpipes are normally consideredprohibited weapons that discharge noxioussubstances under section 5(1)(b) of the 1968Act. However, under section 8 of the 1997Act, the possession of these firearms andammunition may be authorised on a firearmcertificate in connection with the treatment ofanimals. Authority to possess such firearmsshould normally be granted to those whohave a professional need for such, forexample deer farmers and zoo or safari parkstaff. Such weapons should be used under thedirection (though not necessarily thepresence) of a veterinary surgeon due to theuse of powerful controlled drugs. Zoo andsafari park staff may also have need topossess powerful rifles and expandingammunition for the humane destructionof large and dangerous animals.

13.68 Tranquillising equipment may also beneeded for scientific research on animals.

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Component parts

13.69 Component parts of firearms are alsosubject to certificate control, and may beauthorised if a shooter needs replacementor interchangeable parts. Spare cylinders formuzzle-loading revolvers are not used innational target shooting disciplines and shouldnot normally be authorised. It should benoted, however, that some cased sets, bothantique and modern reproductions, willcontain a spare cylinder, or cylinders, andthese may be properly included on certificatefor both possession and use.

13.70 The term “component part” may beheld to include (i) the barrel, chamber,cylinder, (ii) frame, body or receiver, (iii)breech, block, bolt or other mechanism forcontaining the charge at the rear of thechamber (iv), any other part of the firearmupon which the pressure caused by firing theweapon impinges directly. Magazines, sightsand furniture are not considered componentparts. The 9th Report of the FirearmsConsultative Committee provides additionalinformation on this subject.

Sound Moderators

13.71 Sound moderators are subject tocertificate control as “items designed toreduce the noise or flash of a firearm”. Soundmoderators for .22 rimfire rifles are oftenused for shooting game or vermin, and in thecase of the latter might facilitate moreeffective pest control. Sound moderators forfull-bore rifles are of questionableeffectiveness in reducing disturbance to quarrybut can confuse them by diffusing thedirectional report of a rifle. They may thoughbe appropriate for reducing hearing damageto the shooter, or to reduce noise nuisance,for example for deer control in urban parks.The applicant will be expected to demonstratea “good reason” for noise reduction beforeauthority is granted. It should be noted thatsound moderators on air weapons or section2 shot guns are not considered to becomponent parts. Chief officers of policeshould also be aware of the case of Broome vWalter (1989) where it was found that an

integral sound moderator, that is one thatis part of the firearm, does not requireseparate authorisation.

Firearms for personal protection

13.72 Applications for the grant of a firearmcertificate for the applicant’s, or another’s,protection, or that of premises, should berefused on the grounds that firearms are notan acceptable means of protection in GreatBritain. It has been the view of successiveGovernments for many years that the privatepossession and carriage of firearms forpersonal protection is likely to lead to anincrease in levels of violence. This principleshould be maintained in the case ofapplications from representatives of banksand firms protecting valuables or largequantities of money, or from private securityguards and bodyguards.

Members of the Armed Forces

13.73 A person in the Armed Forces whowishes to purchase, acquire or have in theirpossession any firearm for their own privateuse (that is, as a private citizen rather than inthe course of their military duties) must applyto the local chief officer of police for acertificate, and have their applicationconsidered in the normal way. Theappropriate fee must be paid. “Militarytraining”, “TA training” and “membershipof the Army Target Rifle Club” are notconsidered to meet the “good reason”requirement. Possible reasons for the grantof a certificate include membership of arecognised civilian or military target shootingclub, sporting purposes or shooting vermin.Similar provisions would apply to policeAuthorised Firearms Officers who wish toshoot in a private capacity. The Ministry ofDefence would appreciate a report being sentto the Commanding Officer of any memberof the armed forces who requests a FirearmCertificate quoting “Military Training” or“TA Training” as “good reason” to possessa privately owned firearm.

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Back to Contents 77


1 FAC air rifles are not suitable for animals larger than vermin or ground game.2 .17 Remington and .22 Hornet would be suitable for use against vermin in specific circumstances only

(see paragraph 13.17).3 Vermin & Ground Game and other Small Quarry - rat, hare, rabbit, grey squirrel and other similar sized quarry.4 Medium Quarry – fox, feral cat and other similar sized quarry.5 Larger Quarry – feral goat, deer, boar, and other similar sized quarry.6 Dangerous Game – lion, elephant, buffalo, bear etc.7 But note legal requirements for shooting Roe Deer in Scotland.

.338

.3759.3mm Mauser.416.458 Win Mag

3,800–4,0004,500–5,0003,500–3,9005,800–6,0002,900–4,900

No No No Yes

.2436mm/.244.25-066.5mm x55/.256.257Weatherby.264.2707mm/.275.284.30-06.3037.62mm x51/.308.444 Marlin.45-70

1,600–2,0001,800–2,1002,000–2,4001,800–2,400

2,400–2,900

1,600–2,9002,450–2,7002,200–2,4002,250–2,8002,600–3,0001,900–2,4002,400–2,600

2,500–3,0001,600–2,400

No No

(Yes for .243& 6mm/.244)

(see alsoparagraph

13.23)

Yes

(but seeparagraph

13.25)

No

.17Remington2

.218 Bee

.22 Hornet2

.22-.250

.220 Swift

.222Remington5.56mm/.223.2436mm PPC6mm/.244

800–900

600–800650–700

1,350–1,5001,300–1,900900–1,000

1,000–1,4001,600–2,0001,300–1,8001,800–2,100

No

(Yes for .17Remington &.22 Hornet)

Yes No7

(Yes for .243& 6mm/.244)

No

.177-.25 AirRifles (FAC)1

.22 RF

.17Remington2

.22 Hornet2

>12 ft/lbs100–200800–900650–700

Yes No

(Yes for .17Remington &.22 Hornet)

No No

CartridgesMuzzle energy

(ft/lbs)

Vermin &ground game

and other smallquarry3

Fox and othermedium quarry4

Deer and otherlarge quarry5

DangerousGame6

14.1 This Chapter includes details of the mainlegal provisions, outside the Firearms Acts,which relate to the shooting of birds andanimals. Chief officers of police will wishto be aware of these in drafting conditions(see Appendix 3) and otherwise authorisingshooting which may conflict with theseprovisions. The laws are varied and complexand chief officers may wish to consult therelevant contacts (see Appendix 1) aboutspecific legislation.

Deer (England and Wales)

14.2 Section 4(2) of the Deer Act 1991prohibits the use of certain types of firearmfor the purpose of taking, killing or injuringdeer. These are set out in Schedule 2:

Firearms: any smooth-bore gun; any riflehaving a calibre of less than .240 inchesor a muzzle energy of less than 2,305joules (1,700 foot pounds); any air gun,air rifle or air pistol.

Ammunition: any cartridge for use in asmooth-bore gun; any bullet for use in arifle other than a soft-nosed or hollow-nosed bullet.

14.3 Exceptions to section 4(2) (firearms andammunition) are set out in section 6(5) andexceptions to section 4(2) and section 2(taking or killing deer during close season) areset out in section 7.

14.4 Section 6(5) provides that a person isnot guilty of an offence under section 4(2)by reason of the use as a slaughteringinstrument, to prevent the suffering of aninjured or diseased deer, if they use for thepurpose of killing any deer a smooth-boregun which:

a) is of not less gauge than 12 bore;b) has a barrel less than 24 inches (609.6

millimetres) in length; and c) is loaded with a cartridge purporting to

contain shot none of which is less than.203 inches (5.16 millimetres) in diameter(size AAA or any larger size).

14.5 Section 7 refers to exceptions for theoccupier of land where deer are, or someonehaving rights to kill deer on that land (ora person with the written authority of eithertype of person), and provides that a personis not guilty of an offence under section 2(intentionally taking or killing a deer duringthe close season) if:

a) it has taken place on any cultivated land,pasture or enclosed woodland; and

b) if they had reasonable grounds forbelieving that deer of the same specieswere causing, or had caused, damage tocrops, vegetables, fruit, growing timber orany other form of property on the land;and

c) that further damage was likely to becaused; or was necessary to prevent anysuch damage– in this instance a person would not be

guilty of an offence under section 4(2)(a)by reason of the use, for the purposesof taking or killing any deer on anyland, of any smooth-bore gun:• of not less than 12 bore which is

loaded with:1) a cartridge containing a single

non-spherical projectile weighingnot less than 22.68 grammes(350 grains); or

2) a cartridge purporting to containshot each of which is .203 inches(5.16 millimetres) in diameter(size AAA).

Chapter 14LAW ON SHOOTING BIRDS AND ANIMALS

78

It should also be noted that the deer mustbe shot on the land where the damage isbeing caused, and not elsewhere (such asneighbouring land).

14.6 Schedule 1 of the Act sets out the closeseasons for deer:

RED DEERStags 1 May to 31 July inclusive.Hinds 1 March to 31 October inclusive.

FALLOW DEERBuck 1 May to 31 July inclusive.Doe 1 March to 31 October inclusive.

ROE DEERBuck 1 November to 31 March inclusive.Doe 1 March to 31 October inclusive.

SIKA DEERStags 1 May to 31 July inclusive.Hinds 1 March to 31 October.

MUNTJAC AND CHINESEWATER DEERNo statutory close season.

14.7 For England and Wales, advice onthe 1991 Act can be obtained from theDepartment for Environment, Food andRural Affairs (DEFRA), Animal WelfareDivision (see Appendix 1).

Deer (Scotland)

14.8 Under section 21 of the Deer (Scotland)Act 1996, the Secretary of State for Scotlandmay make an order regarding the classes offirearms, ammunition, sights and otherequipment that may lawfully be used tokill or take deer. The current order on thispoint is the earlier Deer (Firearms etc)(Scotland) Order 1985 and the mainprovisions are as follows:

a) For the shooting of deer of any species, abullet of an expanding type designed todeform in a predictable manner of not lessthan 100 grains (6.48 grams) with a muzzlevelocity of not less than 2,450 feet persecond (746.76 metres per second) and amuzzle energy of not less than 1,750 footpounds (2,373 joules) must be used.

For the shooting of roe deer only, a bulletof an expanding type designed to deformin a predictable manner of not less than 50grains (3.24 grams) with a muzzle velocityof not less than 2,450 feet per second(746.76 metres per second) and a muzzleenergy of not less than 1,000 foot pounds(1,356 joules) may be used.

b) Where an occupier of agricultural land or ofenclosed woodland has reasonable groundsfor believing that serious damage will becaused to crops, pasture, trees or human oranimal foodstuffs on that land if deer arenot killed, a shot gun may be used.A shot gun to kill deer may only be usedby an occupier in person, the servants ofthe occupier in their ordinary service onthe land and other persons normallyresident on the land providing they areauthorised by the occupier for thatpurpose. Any other person may only usea shot gun to kill deer in Scotland if theyhave been nominated by the occupier andauthorised in writing by the DeerCommission for Scotland.Any shot gun used must be of a gauge notless than 12 bore and be loaded with thefollowing ammunition:1) For shooting deer of any species, a

single non-spherical projectile weighingnot leas than 380 grains (24.62 grams);or

2) For shooting deer of any species, acartridge purporting to contain not lessthan 550 grains (35.64 grams) of shot,none of which is less than 0.268 inches(6.81 millimetres) in diameter, that is tosay size SSG or larger; or

3) For shooting roe deer, a cartridgepurporting to contain not less than 450grains (29.16 grams) of shot, none ofwhich is less than 0.203 inches (6.81millimetres) in diameter, that is to saysize AAA or larger.

c) Various sections of the Deer (Scotland)Act 1996, section 5(6), 5(7), 10(4), 18(2),19(2) and 26(2) allow for deer to be shotout of season (in certain circumstances). Inall cases, such out of season shooting mustbe linked to damage to woodland,agriculture, foodstuffs or natural heritageor, because of scientific research or,matters of public safety.

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Shooting deer out of season is confined to:An occupier, or with the occupiers’written permission, an owner or anemployee of the occupier or owner, andagain with the written permission fromthe occupier, and person normallyresident on the ground. Any otherperson must be nominated by theoccupier and authorised in writing bythe Deer Commission for Scotland.

14.9 Close seasons in Scotland are providedin the Deer (Close Seasons) (Scotland) Order1984, as follows:

RED DEERStag 21 October to 30 June inclusive. Hinds 16 February to 20 October inclusive.

FALLOW DEERBuck 1 May to 31 July inclusive.Doe 16 February to 20 October.

ROE DEERBuck 21 October to 31 March inclusive.Doe 1 April to 20 October inclusive.

SIKA DEERStag 21 October to 30 June inclusive. Hinds 16 February to 20 October inclusive.

MUNTJAC AND CHINESE WATERDEERNo statutory close season.

Night shooting of deer

14.10 The relevant provisions are:

England and Wales

Section 3 of the Deer Act 1991 makes it anoffence to intentionally kill or take deer atnight. Night is defined as being the periodbetween the expiry of one hour after sunsetand the beginning of the last hour beforesunrise. A person shall not be guilty of anoffence if the shooting of deer at night isconducted in pursuance of a notice issued byDEFRA under section 98 of the AgricultureAct 1947. No person shall also be guilty ofan offence if deer are killed at night if sucha killing is to prevent the suffering of aninjured or diseased deer.

Scotland

Section 18 of the Deer (Scotland) Act 1996makes it an offence to take or willfully kill orinjure deer at night. Night is defined as beingthe period between the expiry of one hourafter sunset and the beginning of the last hourbefore sunrise. An occupier or personnominated by the occupier may be grantedauthorisation from the Deer Commission forScotland to shoot deer at night if the taking orkilling is necessary to prevent serious damageto crops, pasture, human or animal foodstuffsor to woodland and no other means ofcontrol which might be reasonably adopted inthe circumstances would be adequate.

The Deer Commission publishes a code ofPractice for night shooting which sets out theconditions which a certificate holder isobliged to follow. These are:

1) The local police must always be informedprior to any night shooting being carriedout;

2) For the killing of red, sika, sika/redcrosses and fallow deer, a rifle shooting aminimum of a 130 grain soft nosedbullet, with a muzzle velocity of not lessthan 2,450 feet per second and a muzzleenergy of not less than 2,250 foot poundsmust be used. Practically, such a riflewould not usually be of a calibre lessthan .270;

3) For the killing of roe deer only, a rifleshooting a minimum of a 100 grain softnosed bullet, with a muzzle velocity ofnot less than 2,450 feet per second and amuzzle energy of not less than 1,750 footpounds must be used. Practically, such arifle would not usually be of a calibre lessthan .243;

4) Where the use of a shot gun is authorisedby the Deer Commission the bore andtype of ammunition will be specified inthe authorisation;

5) Authorisations must be returned to theCommission within 7 days of the date ofexpiry and include all details of numbersand sex of deer killed

Particular attention is drawn to therequirement for larger calibre firearms to beused at night because of deer welfare issues

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that could be associated with the nightshooting of deer. The Deer Commissionrecommends that forward shoulder shots aretaken which, because of the additional boneand tissue associated with this area of ananimal’s body, requires a more powerful rifleto be used to facilitate a humane kill.

For Scotland, advice on the 1996 Act can beobtained from the Deer Commission forScotland (see Appendix 1).

Wildlife and Countryside Act 1981

14.11 The 1981 Act makes it a criminaloffence to kill all wild birds, but some ducksand geese may be killed during the openseason (see paragraph 14.13). An “authorisedperson” is also permitted to kill or take thosepest species covered by General Licences.The shooting of game birds is covered inparagraphs 14.16 and 14.17 below.

14.12 It is also an offence to kill or injurespecies listed in Schedule 5 of the 1981 Act.These include adders and smooth snakes,horseshoe and typical bats, bottle-noseddolphins, common dolphins, common(or harbour) porpoises, otters, wild cats,dormice, pine martens, marine turtles,walruses, whales and red squirrels.

14.13 The exceptions to both theseoffences are:

(i) humane destruction of sick or injuredbirds or animals;

(ii) incidental harm caused by lawfuloperations;

(iii) the emergency protection of crops,livestock, growing timber, fisheries orinland waters etc. under the “farmer’sdefence”;

(iv) under a licence issued by DEFRA; or(v) the killing of certain ducks and geese

during the open season.

14.14 For the wildfowl listed below, the closeseason for areas in or over the high watermark of ordinary Spring tides is 21 Februaryto 31 August, in other cases 1 February to31 August:

• Coot, Tufted Duck, Gadwall, Goldeneye,Canada Goose, Greylag Goose, Pink-

Footed Goose, White-fronted Goose(England and Wales only), Mallard,Moorhen, Pintail, Golden Plover, Pochard,Shoveler, Teal, Wigeon, Woodcock.

14.15 The 1981 Act also prohibits the use ofautomatic and semi-automatic weapons (thosewith a magazine which is capable of holdingmore than two rounds, as defined in the ECWild Birds Directive (79/409/EEC)) againstcertain wild animals or birds except under alicence issued by DEFRA or the ScottishExecutive Environment and Rural AffairsDepartment (SEERAD). The term semi-automatic, for the purposes of the Wildlifeand Countryside Act 1981, includes pump-action shot guns or rifles.

Game

14.16 A Game Licence is needed to kill, takeor pursue game and deer on unenclosed land.Game for these purposes is: hares, pheasants,partridges, grouse, heath or moor game, blackgame, woodcock, rabbit and snipe. Theholding of a shot gun or firearm certificatedoes not exempt a person who kills or takesgame from the requirement to possess aGame Licence.

14.17 Game birds are subject to close seasonsas follows:

England and Wales

Partridge between 1 February and1 September

Pheasant between 1 February and1 October

Black Game between 10 Decemberand 20 August*

Grouse between 10 Decemberand 12 August

Capercaillie between 1 February and30 September

Woodcock between 31 January and30 September

Common Snipe between 31 January and11 August

• except in Devon, Somerset and in the New Forestin Hampshire when the close season is between 10December and 1 September.

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NOTE: In England and Wales it is also anoffence to kill or take game on a Sunday orChristmas Day during the open season.Specifically, the Sunday shooting ofwaterfowls and waders is not permitted in thefollowing English and Welsh counties andboroughs (or the areas they once covered):Anglesey, Brecknock, Caernarvon,Carmarthen, Cardigan, Cornwall, Denbigh,Devon, Doncaster, Glamorgan, GreatYarmouth County Borough, Isle of Ely,Leeds County Borough, Merioneth, Norfolk,Pembroke, Somerset, North & West Ridingsof Yorkshire.

Scotland

Partridge between 1 February and1 September

Pheasant between 1 February and1 October

Muirfowl (grouse) between 10 Decemberand 12 August

Ptarmigan between 10 Decemberand 12 August

Capercaillie between 1 February and30 September

Heathfowl between 10 December (black game) and 20 AugustWoodcock between 31 January and

31 AugustCommon Snipe between 31 January and

11 August

NOTE: Although there are no statutoryrestrictions on game shooting on Sundaysor Christmas Day during the open season inScotland it is customary that shooting on aSunday should only take place after noon inorder to prevent the disturbance of churchservices.

Ground Game (England and Wales)

14.18 In England and Wales ground game(hares and rabbits) have no close seasons,but can only be shot under the GroundGame Act 1880 (as amended by GroundGame (Amendment) Act 1906) on moorlandand unenclosed land from 1 September –10 December by occupiers of land or peopleauthorised by occupiers of land. But they canbe killed or taken by other means between1 September and 31 March. Under the

Conservation (Natural Habitats) Regulations1994, Blue (mountain) hares cannot lawfullybe shot with automatic or semi-automaticfirearms with a magazine capable of holdingmore than two cartridges.

Ground Game (Scotland)

14.19 In Scotland ground game have no closeseasons, but can only be shot under theAgriculture (Scotland) Act 1948 on moorlandand unenclosed land from 1 July – 31 Marchby occupiers of land or people authorised byoccupiers of land. The Conservation (NaturalHabitats) Regulations 1994 (see paragraph14.18) also applies to Scotland.

Night Shooting of Ground Game

14.20 The relevant provisions are:

England and Wales

The use of firearms at night for shootingground game is prohibited under section 6of the Ground Game Act 1880 – night-timeis between the expiration of the first hourafter sunset and the last hour before sunrise.Schedule 7 of the Wildlife & CountrysideAct 1981 provides an exception for occupiersof land, or one other person authorised bythem, to use firearms at night for thepurpose of killing ground game if theoccupier has the written authority of aperson entitled to kill or take the groundgame on that land, that is the holder of theshooting rights.

Scotland

Sections 50 and 50A of the Agriculture(Scotland) Act 1948, which also prohibitedshooting at night, were also amended bySchedule 7 of the Wildlife & CountrysideAct 1981, as follows:

1. It is not unlawful for the owner ofshooting rights on any land, or any personholding those rights from them, or theoccupier (subject to 2 below) to use afirearm for the purpose of killing groundgame thereon at night.

2. The occupier of any land shall not use afirearm to kill ground game at night unless

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(except where they have the exclusiveright) they have first obtained writtenauthority of the other person or one ofthe other persons entitled to kill and takeground game on the land.

3. An occupier who is entitled to use a firearmfor the purpose of killing ground game may,subject to the provisions of section 1 of theGround Game Act 1880, authorise oneother person so to use a firearm.

England, Wales and Scotland

The amended versions of the 1880 and 1948Acts appear to override the restrictions onnight shooting of hares with firearms underthe Hares Act and Hares (Scotland) Act 1848.However, section 6 in England and Walesdoes not exempt a person who merely holdsthe shooting rights and who could not bedeemed to be an “authorised” person underthe Act.

Badgers

14.21 The Protection of Badgers Act 1992makes it a criminal offence to kill or injurebadgers except in limited circumstances(for example, as a mercy killing, as anincidental result of a lawful action or undera licence issued by DEFRA). If badgers areto be shot, this must be done with asmooth-bore weapon of not less than 20bore or a rifle using ammunition having amuzzle energy of at least 160 foot poundsand a bullet weighing not less than 38 grains.

Dogs

14.22 Section 9 of the Animals Act 1971provides a defence for shooting a dog if thedefendant acted to protect livestock, andsubsequently informs the police within forty-eight hours of the incident. The defendantcan only act in defence of livestock in such away if the livestock, or the land on which itis, belongs to them or to any other personunder whose express or implied authoritythey are acting.

Pests Act 1954

14.23 Under the Pests Act 1954, the wholeof England and Wales, apart from the Cityof London, the Isles of Scilly and SkokholmIsland, has been declared a rabbit clearancearea. Within this area, occupiers of land havea continuing obligation to kill or take anywild rabbits living on, or resorting to, theirland, or to prevent the rabbits from causingdamage elsewhere by, for example, fencingthem in with rabbit-proof fencing. Failure tofulfil these obligations may lead to theoccupier being prosecuted or the workcarried out at their expense.

Control of Seals

14.24 Legislation relating to seals is to befound in The Conservation of Seals Act 1970together with Orders made by DEFRA. TheAct provides for the killing of seals toprevent damage to fishing nets etc. by theowner or a person acting on their behalf.The Act does not stipulate whether thefisherman or equipment refers only to seafishing or whether it also includes freshwaterfishing. Licences to kill seals can also beissued by DEFRA. No firearm may be usedexcept a rifle using ammunition with amuzzle energy exceeding 600 foot poundsand a bullet weighing not less than 45 grainsso that any .22 rimfire rifles are excluded and.22 centrefire rifles are required, with the .22Hornet using 45 grain bullets representing thelowest acceptable combination of bulletweight and energy. The Scottish ExecutiveEnvironment and Rural Affairs Department(SEERAD) issue licences to kill seals inScotland and can also make Orders in theway that DEFRA can in England and Wales.

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15.1 This Chapter outlines the legal authoritythat allows chief officers of police to issuepermits, and then goes on to explain thevarious forms used for different types ofpermits and the terms that should bespecified on issue. Visitor’s firearm andshot gun permits are dealt with separatelyin Chapter 27.

Introduction

15.2 Chief officers of police are authorisedby the 1968 Act to issue permits in certaincircumstances when it would not beappropriate to issue a firearm or a shot guncertificate, or to register a person as afirearms dealer. A permit can only be issuedin respect of firearms and ammunition towhich sections 1 or 2 of the 1968 Act apply.For example, a permit should in normalcircumstances be issued to authorise thetemporary possession by a relative or theexecutor of a deceased person, or the receiveror liquidator of a bankrupt’s estate, offirearms or ammunition forming part of theproperty of the deceased person or bankrupt.A permit may not be issued to authorise thepurchase or acquisition of firearms orammunition (although section 5(1) of the1988 Act allows the holder of such a permitto purchase section 2 (shot gun)ammunition). If it does not specify possessiononly, it will be assumed by default that thepermit allows use. Firearms that are normallysubject to section 5 of the 1968 Act, forexample small firearms held under theexemptions in sections 2 to 7 of the 1997Act, cannot be held on a permit.

15.3 Permits should not routinely be used bychief officers of police to deal with delays inrenewing certificates. However, there will becircumstances where it would be appropriatefor the chief officer to issue a permit where

the renewal of a certificate is so delayed thatthe applicant may otherwise be left withoutauthority to continue possessing and usingtheir firearm and ammunition. This might notbe the case where the applicant has beenuncooperative and is substantially responsiblefor the delay. In these circumstances, theapplicant should be advised to arrange for thefirearms and ammunition to be placed instorage with a registered firearms dealer oranother suitably authorised certificate holder.

Types of Permit

15.4 The various forms for issuing permits are:

• Form 111 authorises, under section 7(1)of the 1968 Act, the possession and use(unless the terms indicate otherwise) offirearms and ammunition to which section1 of the 1968 Act applies. The permitmust give details of the firearms andammunition that it covers, and must showa specific date on which it expires.Although section 7(1) authorises possessionand use it does not allow acquisition of afirearm or ammunition, nor does it allowpossession of expanding ammunition.

• Form 112 is similar to form 111 but relatesto shot guns. It should specify the shotguns to which it relates (see paragraph 15.2about the purchase of section 2ammunition).

• Form 113, issued under section 9(2) of the1968 Act, permits an auctioneer to sell byauction, expose for sale by auction or havein their possession for sale by auction, thefirearms or ammunition specified in thepermit until the date of expiry shown onthe permit.

• Form 114 is similar to form 113, butshould be used for shot guns. It shouldalso specify the shot guns to which itrelates.

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• Form 115 may be issued, under section13(1)(c) of the 1968 Act, to authorise theremoval of a firearm (but not ammunition)from a ship or hovercraft for any purposespecified in the permit (for example, forsale, breaking up, return to store, orremoval to another ship or hovercraft) andalso the removal of a firearm to a ship orhovercraft (for example, after repair orfrom store). The place to or from whichthe firearm is to be removed should bespecified in the permit. Without such apermit, it is an offence to bring a firearmashore even for repair. There is no legaldefinition of what constitutes a “ship”,and in the absence of a Court ruling, it isgenerally taken to mean a vessel designedas ocean-going rather than one designedto travel on inland waterways. The permit should be issued only to theowner or charterer of the ship orhovercraft, the owner or charterer’s agent,a responsible officer of the ship orhovercraft or a person nominated by oneof the aforesaid persons. While theprovisions of section 13(1)(c) of the 1968Act are not limited to firearms formingpart of the ship’s or hovercraft’sequipment, a permit should in general onlybe issued in respect of firearms which aregenuinely part of the ship or hovercraft’sequipment, and it should be issued only ifthe police are satisfied as to the purposefor which the firearm is being removedand the proposed destination of thefirearm. In some circumstances, forexample where a ship is docked forextensive repair, the ship has beenimpounded or for some other reason thecaptain and crew cannot stay aboard, andwhere there are concerns about security, itmight be appropriate to accede to arequest to take such a firearm on shore fortemporary secure-keeping. Form 115 mayalso be issued, under section 13(1)(c) ofthe 1968 Act, to authorise the removal ofsignalling apparatus from or to an aircraftor aerodrome for any purpose specified inthe permit.

Terms of permit

15.5 It will normally be appropriate to issuepermits under sections 7(1) and 9(2) of the1968 Act subject to suitable terms. The termsof permits should be as follows, takingaccount of the individual circumstances ofeach case:

In the case of permits relating to firearmsand (section 1) ammunition:

i) inform the chief officer of police at onceof the name and address of any person,other than a registered firearms dealer,purchasing or acquiring any of the above-mentioned firearms and ammunition.

In all cases:

i) inform the chief officer of police bywhom the permit was granted at once ofthe theft, loss, destruction or deactivationof any firearm, ammunition or shot gunto which the permit relates;

ii) at all times take reasonable precautionsto ensure the safe custody of thefirearms, ammunition and shot guns towhich the permit relates;

iii) return the permit to the chief officer ofpolice on or before the afore-mentionedexpiry date; and

iv) on written request, return the permit tothe chief officer of police without delay.

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Chapter 15PERMITS

16.1 This Chapter sets out the requirementfor the police to keep a register of firearmsdealers, the means by which applications togo on the register are considered, the formand conditions of registration, and thecertificates of registration themselves. It alsoprovides information on police inspection ofthose registered, removal from the registerand the requirement placed on dealers tonotify transfers.

Statutory requirement to keepa Register

16.2 Under section 33(1) of the 1968 Act,chief officers of police are required to keepin the prescribed form a register of firearmsdealers in their area. The prescribed form ofregister is set out in part III of Schedule 5 ofthe Firearms Rules 1998.

Applications to go on the Register

16.3 Section 33(2) requires the chief officerof police to enter in the register the name ofany persons (including bodies corporate) whohave, or propose to have, a place of businessin the police area which applies, furnishes theprescribed particulars and pays the prescribedfee unless:

a) they are prohibited by a court undersection 45 of the Act from being registered;

b) the chief officer of police is satisfied thatthey cannot be permitted to carry onbusiness as dealers in firearms withoutdanger to the public safety or to thepeace; or

c) the chief officer of police is satisfied thatthe applicants will not engage in businessas firearms dealers to a substantial extentor as an essential part of other trades,businesses or professions.

16.4 As regards (b), the decision of the chiefofficer of police will focus mainly oninformation as to the character, antecedentsand background of the applicants or theoffices of the company which applies to beregistered, their experience and knowledge offirearms and the security of their premises.Both the personal and professional conductof the relevant individuals will, however, befactors in any decisions reached.

16.5 Account should be taken of theapplicant’s experience with and knowledge offirearms. Bearing in mind the diversity of thebusiness, they should be able to demonstratea basic knowledge of any firearms legislationrelating to their particular sphere of business.If for example, they are running a retail outlet,then it is reasonable to expect them to knowof the areas of the gun Barrel Proof Actswhich relate to the sale of firearms, and ofthe ages at which they may sell or let on hirefirearms or ammunition. Others may havedifferent requirements, and therefore theassessment may best be conducted as a seriesof questions in a structured, planned interview– bearing in mind the applicant’s speciality.

16.6 The attention of anyone applying to runa dealership from home should be brought tothe planning acts, and that they should, if inany doubt, contact their local planning officefor advice.

16.7 As regards paragraph 16.3 (c), a chiefofficer will be required to reach a conclusionabout the level of business likely to beconducted by any new applicant. Factorswhich may need to be taken into account willinclude the size and location of premises forconducting the volume of business proposedand the extent of any other business activitiesbeing carried on. Where appropriate, theapplicant should provide a business plan and

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be able to show that they will be providing aservice to the public. Applicants, for example,not intending to deal in firearms orammunition for their principal livelihood mightindicate that they only intend trading as a part-time extension of their interest in firearms andwould therefore be less likely to meet the“substantial business” test. In determining (c)in respect of applications from existing dealers,it should be sufficient to reach a conclusionon the basis of the volume of transactionsduring the previous period of registration withparticular regard to any trade in the recentpast and any business plan for the future.The substantial extent test must be applied ona relative rather than an absolute basis in thecontext of the business under consideration.The size and staffing of the business will needto be taken into account: it is not intendedthat registration should be withheld becausethe turnover is comparatively small on accountof a specialist service or a service directed atan exclusive section of the market. On theother hand, the dealer provisions should notbe used to facilitate private collections offirearms and shot guns. Nor should they beused by a dealer to provide a service tofriends and associates only, rather than tothe general public.

16.8 The requirement in paragraph 16.3(c)also provides for those persons who needto purchase, possess or transfer firearms andammunition as part of another trade, businessor profession to be registered as dealersregardless of the extent of their transactionsin firearms. Such applicants might includemanufacturers of associated equipmentor businesses engaged in research anddevelopment, journalism or researchinto firearms. In the latter cases, somedocumentary evidence may be required.

16.9 An applicant for registration must givethe prescribed particulars. A suitable formis described at part 1 to Schedule 5 of theFirearms Rules 1998 for this purpose.Where an application is refused, the chiefofficer of police should write to the applicantwith details of the grounds for refusal.

16.10 A record should be kept of all refusalsto register persons who apply for registrationsas firearms dealers. If there is an appeal

against a refusal, the fact and the resultshould be noted and if an appeal issuccessful, the record of the refusal shouldcontain a reference to the record of theconsequential registration. It should be notedthat chief officers have no discretion torefuse applications from dealers who havebeen granted the Secretary of State’s authorityto deal in weapons prohibited by section 5of the Act (see Chapter 3).

16.11 Section 33(3) of the 1968 Act providesthat each place of business at which theapplicant proposes to carry on business asa dealer must be entered in the register ofdealers unless, under section 34(4) of the Act,the chief officer of police is satisfied that itis a place of business at which the dealercannot be permitted to carry on a firearmsdealer’s business without danger to the publicsafety or the peace. A registered firearmsdealer wishing to open an additional place ofbusiness within the same police area mustfurnish the prescribed particulars as set out inthe application form at part II of Schedule 5to the Firearms Rules 1998. In cases in whichthe question of refusing or revoking theregistration of a person as a dealer does notarise, the power to refuse to enter particularpremises in, or remove them from, theregister should be exercised only on thestrongest grounds such as that the locationof the business gives rise to real concernsabout the safety of firearms and ammunitionstored there.

16.12 Where dealers have places of businessin more than one area, they must beregistered by the chief officers of each.Chief officers of police will doubtless wishto consult each other in cases of this kind,but the conditions of registration should beappropriate to each premises and need notbe the same in each police area.

Game fairs

16.13 Firearms dealers wishing to carry onbusiness, including exhibiting for thepurposes of their business, at game fairs etc.in another force area should be registered bythe chief officer of police for that area andrequired to pay the appropriate registrationfee. Contact between the police areas

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involved should help to expedite decisionson such applications.

Form of Register

16.14 Although section 40 of the 1968 Actand Rule 10(4) of the Firearms Rules 1998lay down the information required to beentered into the Register of transactions, theform of the Register is not prescribed. It maybe kept by means of a computer (Schedule 2section 8 Firearms (Amendment) Act 1997).

16.15 For those dealers who keep paperrecords there are a number of commerciallyproduced registers on the market which takethe form of a bound volume with numberedpages for individual transactions laid outacross the double pages. Acquisitions on theleft hand page and the corresponding disposalentries opposite. Firearms dealers should beencouraged to purchase such registers butin any event the actual register used shouldconform to that design. Exercise books andcard index systems do not amount to aregister in law and should not be accepted.

16.16 If kept by means of a computer, thelegislation (section 40(4) of the 1968 Act(as amended)) requires that the informationrequired by law can be readily produced in aform which is visible and legible and can betaken away. Daily backups of data (floppydisk, zip drive, tape etc) should be taken andthen stored in such a way as to preserve itsintegrity in a disaster situation. Alternativelythe system should produce a daily hard copyof transactions, dated and page numbered sothat there is an effective paper trail. In orderto reduce the risk of fraud, dealers should beencouraged to establish procedures involvingand identifying separation of duties andaccountability, and to show by whom andwhen the daily register record was created,updated or amended.

16.17 Legislation requires that the register beretained for up to five years from the date ofthe last transaction.

16.18 Firearms dealers should also beencouraged to keep separate registers forfirearms, ammunition, repairs and prohibitedweapons. In the last case this will generally

be a condition of the grant of the Secretaryof State’s authority.

Conditions of Registration

16.19 Section 36(1) of the 1968 Actauthorises a chief officer of police to impose,vary or revoke conditions subject to whichregistration is to have effect. In most casesit should only be necessary to impose thestandard condition (i) shown in Appendix 6to this Guidance. The Appendix also lists anumber of other conditions. These shouldnot be applied automatically (see Part 3 ofthe “Consolidated Guidance on FirearmsSecurity”), but selectively in exceptionalcircumstances. Before reaching a finaldecision on which, if any, additionalconditions should be imposed on aregistration, it is desirable to discuss thematter with the dealer and to ensure thatthe proposed conditions, whilst beingpractical and effective, will not place anundue burden on him or her.

16.20 Section 36(2) of the 1968 Act requiresany such conditions to be specified in thecertificate of registration and, where acondition is imposed, varied or revokedduring the currency of a certificate, requiresthe chief officer of police to give the dealerparticulars in writing and empowers the chiefofficer, by notice, to recall the certificate ofregistration within 21 days for the purpose ofamending it. This period of notice will allowtime for any representations to be made tochief officers.

16.21 The conditions are intended to ensurethat a registered firearms dealer takesreasonable precautions for the safekeepingof their firearms and ammunition. Crimeprevention officers, in consultation withtheir firearms departments, should considercarefully the level of security required inthe light of the circumstances of each case.Circumstances may vary between one districtand another and between one dealer orpremises and another. Much will dependon the degree of risk and the steps that itis practicable to take.

16.22 In addition to inspecting premisesbefore registration, dealers’ premises should

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be visited from time to time to inspect stockin hand and/or the register. Dealers arerequired by section 40(4) of the 1968 Act(as amended) to permit such inspections bypolice officers, or civilian support staff,authorised in writing by the chief officerof police. Such written authorisation mustbe produced on demand.

16.23 Where a person deals only in onetype of weapon or in a restricted range ofweapons at the time of the application, itmay be appropriate to include a condition tothe effect that any change in the nature ofthe business should be notified without delayto the chief officer of police so that furthersafekeeping restrictions may, if necessary, beimposed (for example, conditions (vi) and(vii) in Appendix 6).

Certificates of registration

16.24 Section 33(4) of the 1968 Act providesthat, when registered, a dealer shall begranted a certificate of registration. The Actdoes not provide for a prescribed form ofcertificate but forms 117 and 118 may beobtained for this purpose from TheStationery Office. Form 117 constitutes thecertificate of registration for the dealer andlists all the premises from which the dealeroperates and any conditions imposed on theprincipal place of business. Form 118 is forany conditions imposed on other premisesand a separate copy is completed for eachpremises. Forces will wish to record the issueof the certificate(s) upon the entry for eachdealer in the main register. The form ofcertificate of registration provides for twoidentification numbers; the number of theentry in the register of dealers and the serialnumber of the certificate. The number ofthe entry in the register of dealers has beenfound useful for reference by both policeand dealers and it is desirable that thisnumber should be quoted in the certificateof registration in addition to the serialnumber of the certificate.

Application for a new certificateof registration

16.25 A dealer’s registration continues inforce for a period of three years from the

grant of the certificate of registration. Section33(5) of the 1968 Act (as amended) providesfor a dealer to surrender the certificate to thechief officer of police on or before theexpiration of this period and to apply for anew certificate using the prescribed form 116.Every effort should be made to ensure thatthe dealer receives the new certificate beforethe expiry date of the current one. Section38(6) of the 1968 Act contains provisions asto the steps to be taken on the failure of aregistered dealer to comply with therequirements of section 33(5).

Inspection of Dealers Registers

16.26 As stated in the introduction,dealerships range from large wholesalers andimporters to small part-time dealers operatingout of their own home. The size and type ofbusiness will often dictate the frequency ofvisits. Visits should also take the form of“formal inspection” and “ad hoc liaison”visits, depending on force resources.

16.27 In general, formal inspection visitsshould be based on a three year cycle.Each firearms dealer in the force areashould be visited, on average, at least onceper year. On each of the formal visits, theinspection should be undertaken by twodedicated officers (FEOs/CPOs) dependingon individual force circumstances.

16.28 There should be no fixed programmeor timetable of inspections. The decision asto which dealer is to be inspected, and when,should be the decision of the FirearmsLicensing Manager, or equivalent.

Levels of Inspection

Ideally a full stock check should beundertaken annually; however, exceptionallythere will be some dealerships where this isimpractical. In the case of the three yearcycle mentioned above, visits during twoof the three years could well be just recordinspections with the third requiring acombined stock-check and records inspection,if practicable. In the case of large dealerships,extensive dip-samples can be made.

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A random sample of entries should beselected from the register for verificationpurposes. The number selected should berelative to the level of business beingconducted. The total number of transactionsconducted by the dealer since the date of theprevious inspection should also be recordedin order that chief officers of police cansatisfy themselves that this is consistent withthe stated intentions of the dealer.

Details of transactions in each of thefollowing categories should be selected:

a) Sale or transfer of a firearm to a certificateholder within the police force area;

b) Sale or transfer of a firearm to a registeredfirearms dealer within the police force area;

c) Sale or transfer of a firearm to a certificateholder outside the police force area;

d) Sale or transfer of a firearm to a registeredfirearms dealer outside the police force area.

When the inspection is complete the registersshould be ruled off and signed by theInspecting Officers. If practicable, all “openentries” should then be brought forward, andthe original entry suitably cross-referenced.This will allow for fewer registers being keptopen with only one or two entries in themand will lessen the likelihood at the nextinspection of missing an item. It isacknowledged that in some businesses thiswill not be possible.

Dates of visits, types of inspection and theoutcome of any enquiries should be recordedon police files.

In the event of revocation, cancellation orsurrender of a dealer’s certificate ofregistration, notification should be sent to allother forces.

HM Customs & Excise (HMC&E)

Under a Joint Agreement with ACPO andACPOS, HMC&E have a role with the inlandcontrol of firearms dealers and audit recordsand transactions held by dealers, including thefirearms register, in order to counter anddeter illicit imports and diverted exports.

HMC&E have their own rolling programmeof inspections, which are carried out on thebasis of risk assessment. Forces areencouraged, in order to minimise interferencewith licit trade, to make joint visits. In anyevent it is good practice to contact the localHMC&E Firearms and Explosives Officer(FXO) before undertaking any inspection orvisit to a firearms dealer. The FXO will,whenever practicable, seek to arrangeCustoms visits to coincide with police visits.

The benefits of close co-operation betweenfirearms licensing departments and FXOs isthat a clear and coherent approach to localfirearm control and enforcementresponsibilities can be formulated which willlead to avoidance of any apparent duplicationof control effort and, through sharing ofintelligence, early identification of suspectactivity.

Removal from register of dealer’sname or place of business

16.29 Sections 38 and 45 of the 1968 Actdeal with the removal of a dealer’s name ora place of business from the police register.A dealer’s name or any place of business maybe removed if they fail to comply with theconditions of registration. A place of businessmay also be removed from the register if thechief officer is satisfied that carrying on thebusiness there would constitute a danger tothe public safety or to the peace (section38(4) of the 1968 Act).

16.30 A dealer’s name may be removed:

a) by the chief officer of police in thecircumstances set out in section 38(1) ofthe 1968 Act; or

b) at the wish of the applicant (section 38(5)of the Act); or

c) on a failure of the dealer to comply withthe provisions of section 33(5) of the Actas to the renewal of registration (section38(6) of the Act); or

d) by the order of a court (section 45(1)(a)of the Act).

16.31 As regards paragraph 16.30(a) it isundesirable to retain on the register a personwho is no longer carrying on business as a

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firearms dealer in the police area. Havinggiven reasonable notice, a chief officer ofpolice shall remove a name from the registeron this ground or because of danger to thepublic safety or to the peace. Where a nameis removed from the register, the chief officershould write to the applicant setting out thegrounds for this action. The chief officer mayalso remove a dealer from the register if thedealer is the subject of a court order undersection 45(1) of the 1968 Act. However, thechief officer may not act in the matter duringthe period allowed for an appeal if the courthas suspended the operation of the orderpending the appeal (section 45(3) of the Act).

16.32 It follows that the chief officer ofpolice will need to write twice to any firearmsdealer who is to be removed from theregister. The first letter will give reasonablenotice (usually 21 days) of the chief officer’sintention and allow time for the firearmsdealer to make any representations; if thedealer is unsuccessful in this regard the chiefofficer’s second letter will confirm thatremoval action has been effected.

16.33 A valid notice of appeal cannot belodged with the Crown Court until after thesecond letter has been issued, as the dealerwill not be “a person aggrieved by theremoval of his name from the register”(as required by section 38(7) of the 1968 Act)until that time. The removal of their namefrom the register will preclude the appellantfrom carrying on business as a firearms dealerunless their appeal is allowed.

16.34 It should be noted that the certificateof registration merely provides evidence thata dealer’s name has been entered in theregister. It does not, of itself, conferregistration. Should a dealer’s name beremoved from the register, they are no longerallowed to trade in firearms whether or nota court has ruled that they may keep theircertificate pending an appeal under section 44of the 1968 Act.

Notification of Transfers

16.35 In transferring firearms and shot gunsto certificate holders, firearms dealers areobliged by section 32(2)(b) of the 1997 Act

to comply with any instructions contained inthe certificate produced. Those instructionsrequire that notification, and details of thetransaction be notified to the chief officer ofpolice who issued the certificate by recordedor special delivery within 7 days.

16.36 Although the instructions allow forrecorded or special delivery, notification byfax has become accepted as recognisedpractice, by some forces, but in such casesthe firearms dealer must keep a hard-copyback-up which can be produced if called for,and in cases of doubt the burden of prooflies with the dealer.

16.37 Dealers should also be positivelyencouraged to notify when accepting afirearm in part exchange or when acceptinga gun from “person unknown” andnotwithstanding the provisions of section 43of the 1997 Act, when firearms are handed into them for destruction. In cases wherefirearms are to be destroyed the police shouldoversee the destruction if at all possible.Where this is not possible, the dealer shouldprovide the police with some form of proofthat the destruction took place.

16.38 There is no legislative requirementto notify chief officers of police whentransferring firearms to persons who areexempt for certification purposes, but againdealers should be encouraged to do so withan explanation as to the exemption. It shouldbe noted that postal sales are no longerpermitted other than dealer to dealer or tothose who are exempt for certificationpurposes. The recipient dealer should showthe weapon coming into the register andgoing out.

Servants

16.39 Section 8 of the 1968 Act mentionsservants but there is no definition containedwithin the Firearms Acts as to whatconstitutes “a servant”. The term has beeninterpreted differently by the courts inconnection with a number of differentpieces of legislation.

16.40 Until such times as the situation canbe resolved by a change to the primary

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legislation, the common dictionary meaningof “a person employed to work for another”should be used. In using this definition it isaccepted that in some instances a “servant”will not receive actual “payment” for theiremployment. Firearms dealers should notifypolice firearms departments, in writing, ofthose persons qualifying to act as theirservant. Appropriate checks should then becarried out to ensure that a person nominatedis a fit person under the Act. If the policehave any reservations about the employmentof any staff, diligence must be exercised inrespect of the Data Protection Act 1998 anddisclosure of information. However, in caseswhere the police believe that the employmentof a particular person poses a serious threatto public safety it might be appropriate toshare, in general terms, the concerns with thedealer. It may also be appropriate to advisedealers to ask their staff to supply them witha Subject Access Disclosure letter.

16.41 When transporting firearms andammunition the servant should at all timescarry a copy of their letter of authoritytogether with a copy of the dealer’s certificateof registration. The notice does not of itselfhave legal status, and whether a person isacting as a dealer’s servant at the materialtime is a matter of fact and degree.

Section 5 authorities

16.42 This authority allows dealers to possess,purchase or acquire, manufacture, sell ortransfer prohibited weapons and prohibitedammunition as defined by section 5 of the1968 Act.

16.43 The authority is issued subject to anycondition the Secretary of State and theScottish Ministers may think fit for thepurpose of securing that the prohibitedweapons or ammunition will not endangerthe public safety or the peace. The authorityshall be in writing with any conditionsspecified on it. This will include the numbersand types of prohibited weapons andammunition so authorised and all otherconditions and relevant matters. No personhaving been granted such an authority canbe refused registration by the chief officer

of police on the grounds of danger to thepublic safety or to the peace.

16.44 Those persons granted such authoritywill fall into three main groups:

a) Those who possess, purchase, acquire,manufacture, sell or transfer – this groupwill be the subject of inspection andverification as registered firearms dealers.Frequency and levels of inspections shouldbe set to the same levels as outlined earlierin this Chapter and should include allcategories of prohibited weapons andammunition authorised; or

b) Those who only possess – this group willpossess in connection with other activities,that is ammunition evaluation, armouredvehicle manufacture, ballistic tests, etc. Thisgroup should be subject to the provisionsof paragraphs 16.26 to 16.28 above; or

c) Those who only transport – this group isonly responsible for the movementbetween authorised person and firms, anddoes not require any other certification.The movement and transport of prohibitedweapons and ammunition by thosepersons/companies authorised by theSecretary of State or the Scottish Ministersis subject to the conditions of thatauthority. The Home Office and theScottish Executive Justice Departmentholds a current list of those so authorisedand the list can be obtained from them.

16.45 In relation to some sales and transfersthis may require checks and information fromoutside this country and the assistance of otherGovernment departments may be required, forexample the import or export of items. Closeliaison with the FXO of local HM Customsand Excise should be fostered and maintained.Where there are specific grounds for suspicion,the FXO will, on request, supply details of theconsignors, and the quantity and type offirearms previously imported. Additionally,where the general credibility of entries in theFirearms Register are being tested, the FXOwill, on request, provide details of a selectionof future importations.

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16.46 In checking registers/holdings careshould be taken in respect of those firearmswhich, in effect, have two differentclassifications. Small firearms, when held bya dealer are subject to section 5(1)(aba) butwhen transferred to a person holding asuitably conditioned firearm certificatebecome amenable to section 1 control.Great care and validation must be exercisedin these cases. The information and mattersin relation to sales and movement ofprohibited items needs to be kept confidentialgiven the potential of the items. The resultsof all visits and inspections will allow for aconsidered response to the Home Officeor the Scottish Executive Justice Departmentif the authority is to be renewed oramended by the Secretary of State, or theScottish Ministers.

Stolen weapons/certificates

16.47 The Gun Trade Association (GTA)now has access to the Police NationalComputer (PNC) register of stolen weaponsand in addition publish a list of lost/stolencertificates in their monthly Newsletter.However, not all registered firearms dealersare members of the GTA therefore forcesshould continue to circulate details to allother forces for them to inform their owndealers. Firearms licensing departmentsshould ensure that police officers areaware of and compliant with the stolenweapons/certificates facility on PNC.

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17.1 This Chapter details what a museumfirearms licence allows for and the conditionsfor its issue. It then covers applications,additional conditions, issue, variation andrevocation of licences.

What a museum licence allows

17.2 Section 19 of, and the Schedule to, the1988 Act provide for the issue to a museumof a museum firearms licence. The grant ofa licence permits the persons responsiblefor the management of the museum andmuseum employees:

a) to possess, purchase or acquire for thepurposes of the museum, firearms andammunition which are, or are to be,normally kept or exhibited on the museumpremises (or such of them as are specifiedin the license), without holding a firearmor shot gun certificate; and

b) where the licence so provides, to possess,purchase or acquire prohibited weaponsand prohibited ammunition for thesepurposes without the authority of theSecretary of State under section 5 ofthe 1968 Act.

Requirements for a museum licenceto be issued

17.3 A museum licence may be granted onlyto those major national museums listed in theSchedule or to any other museum or similarinstitution which:

a) has as its purpose, or one of its purposes,the preservation for the public benefit ofa collection of historic, artistic or scientificinterest which includes or is to includefirearms; and

b) which is maintained wholly or mainly outof money provided by Parliament or alocal authority; or

c) which is for the time being fully registeredwith Resource, The Council for Museums,Archives and Libraries.

17.4 A museum licence cannot be granted toa non-registered, privately funded museum.Nor can it be granted for the purposes of aprivate collection, whether such a collection isfor the public benefit or otherwise. In suchcases, the grant of a firearm certificate shouldbe considered. A museum licence does notprovide for the disposal or transfer,temporary or otherwise, of prohibitedweapons or ammunition to which it mayrelate. A separate application must be madeto the Secretary of State or the ScottishMinisters for authority under section 5 ofthe 1968 Act.

17.5 In most cases the publicly funded natureof a museum will be self-evident but wheredoubt arises the Home Office or the ScottishExecutive Justice Department will makeenquiries of the museum authorities.Enquiries about registration may be made toResource, The Council for Museums,Archives and Libraries, 16 Queen Anne’sGate, London, SW1H 9AA.

Applications for a museum licence

17.6 In England and Wales, the HomeSecretary is the issuing authority for museumlicences. An application by a museum mustinitially be made in writing to the HomeOffice, AACDU, Firearms Section, 50 QueenAnne’s Gate, London, SW1H 9AT. InScotland, the Scottish Ministers are the issuingauthority for such licences. Applications formuseums in Scotland must be made to the

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Scottish Executive, Justice Department, PoliceDivision, Saughton House, BroomhouseDrive, Edinburgh, EH11 3XD.

17.7 Paragraph 1(3) of the Schedule to the1988 Act requires the Secretary of State orthe Scottish Ministers not to grant a museumlicence unless they are satisfied, afterconsultation with the local chief officer ofpolice, that the arrangements for keeping andexhibiting the firearms are, or will be, suchas not to endanger public safety or thepeace. Where a bona fide application hasbeen received by the Home Office or theScottish Executive Justice Department, arequest will be made to the chief officer toverify that proper arrangements are in handto ensure the safe custody of the firearmsand/or ammunition

17.8 In general, the chief officer of policewill be requested to undertake an inspectionof museum premises to establish thatadequate security measures have been takenand to provide a report to the Home Officeor the Scottish Executive Justice Department.It should be noted that these inspections andreports should only cover arrangements forsafe custody, and not deal with the conditionor physical state of exhibits. The latter areentirely a matter for the museum authorities.Many of the larger museums will of coursehave their own, experienced, security staff. Insuch cases, full consultation should take placewith the appropriate museum staff in orderto gain the benefit of their expertise.

Conditions that may be added tomuseum licences

17.9 The Secretary of State or the ScottishMinisters may attach conditions to the museumlicence relating to the safe custody of thefirearms and ammunition in question. Suchconditions will relate only to arrangements forsafekeeping and not to the physical conditionof the exhibits (see 17.8 above). The policereport should therefore include anyrecommendations which the chief officerof police wishes to make concerning theappropriate conditions necessary to ensure thesafe custody of the firearms and ammunition.

17.10 A licence may be granted for all themuseum’s buildings or for particular premisesof the museum. Should the museum have anumber of separate premises but firearms arekept or displayed in only one of them, thelicence will normally only be issued for thebuilding in which the firearms are keptand/or displayed. The report should thereforemake clear which premises the museumwishes to use for this purpose and thesecurity inspection need relate only to thosepremises at which the licence will apply.

Issue and renewal ofmuseum licences

17.11 Following consideration by the HomeOffice or the Scottish Executive JusticeDepartment, the museum will be informedof whether the licence has been granted inprinciple by the Secretary of State or theScottish Ministers. They will also be informedof the appropriate fee payable for the grantof the licence. The museum will then beasked to forward the specified fee madepayable to the “Accounting Officer, HomeOffice (or Scottish Executive)” at HomeOffice Accounts Branch, Cashier’s Office,4th Floor, India Buildings, Water Street,Liverpool or the Scottish Executive CentralAccounting Branch, Mail Point 11A, ThirdFloor West, Victoria Quay, Leith, Edinburgh,EH6 6QQ as appropriate. The licence will beissued to the museum and copied to the chiefofficer of police.

17.12 A museum licence is valid for a periodof five years, subject to its revocation orcancellation. An application for renewal willfollow the same procedure as that for a grant.

Variation of museum licences

17.13 Paragraph 2 of the Schedule to the1988 Act empowers the Secretary of Stateor the Scottish Ministers to vary, by noticein writing:

a) The conditions specified in the licence heldin respect of the museum; and

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b) The premises to which the licence applies.A notice under this section may require thepersons responsible for the management ofthe museum to return the licence to theSecretary of State or the Scottish Ministerswithin 21 days so that the licence may beamended in accordance with the variation.

17.14 A request for a variation may be madedirectly by the museum or may arise fromnew circumstances which come to light.For example, the museum may wish to useadditional premises for the storage or displayof firearms. In this case an application shouldbe made in writing to the Home Office orthe Scottish Executive Justice Department,who may then request that the policeundertake an additional security inspection.On the other hand, circumstances may cometo police notice which suggest that anadditional condition to ensure safekeepingshould be attached to the licence or thatsecurity arrangements for particular premisesare no longer suitable. In such a case a fullreport on the circumstances, together withthe recommendation of the chief officer ofpolice, should be forwarded to the HomeOffice or the Scottish Executive JusticeDepartment. Where difficulties arise, everyeffort should be made to consult fully withthe museum authorities.

17.15 Where a museum’s request to extendthe licence to additional premises is granted,it will be issued subject to receipt of therelevant fee under paragraph 3 of theSchedule to the 1988 Act.

Revocation of museum licences

17.16 The Secretary of State and the ScottishMinisters are empowered (see paragraph 2 ofthe Schedule to the 1988 Act) to revoke amuseum licence by notice in writing to thepersons responsible for the managementof a museum if:

a) after consultation with the local chiefofficer of police, they are satisfied that thecontinuation of the exemption afforded bythe licence would result in a danger topublic safety or the peace; or

b) the persons responsible for themanagement of the museum, or anyservant of theirs, has been convicted of anoffence under the Schedule to the 1988Act; or

c) those persons have failed to comply with anotice under paragraph 2 of the Schedulerequiring them to return the licence to theSecretary of State or the Scottish Ministers.

17.17 Should circumstances come to policeattention which indicate that the continuationof a licence may give rise to a danger topublic safety, details should be reported to theHome Office or the Scottish Executive JusticeDepartment. Where a problem arises oversecurity arrangements, the museum authoritiesshould be approached in the first instancewith a view to resolving any difficulty.

17.18 A conviction need not of itself lead torevocation under paragraph 17.16(b) above.The Secretary of State or the ScottishMinisters will wish to take account of thecircumstances surrounding any offences, theposition in the organisation of any offenderand the response of the museum authorities.

17.19 Where a licence has been revoked, theSecretary of State or the Scottish Ministerswill require, by notice in writing, the licenceto be surrendered to them. It is an offence tofail to comply with such a notice.

Offences and enforcement

17.20 It is an offence under paragraph 4 ofthe Schedule to the 1988 Act:

a) for a person to make any statement whichthey know to be false for the purpose ofthe grant, renewal or variation of a licence;and

b) for the persons or any of the personsresponsible for the management of themuseum to fail to comply with or to causeor permit another person to fail to complywith any condition specified in the licenceheld in respect of the museum.

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17.21 A defence of due diligence is providedagainst a charge under (b) above (seeparagraph 4(4) of the Schedule to the 1988Act). Under paragraph 4(5) of the Schedule,where an offence under paragraph 4committed by a body corporate is proved tohave been committed with the consent orconnivance of, or to be attributable to anyneglect on the part of, any director, manager,secretary or other similar officer of the bodycorporate, or any person who was purportingto act in any such capacity, they, as well asthe body corporate, shall be guilty of thatoffence and be liable to be proceeded againstand punished accordingly. References to thepersons responsible for the management ofthe museum are to the Board of Trustees, thegoverning body or any other person exercisingcorresponding functions of management.

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18.1 This Chapter details procedures for clubapproval, and deals with issues such as theuse of ranges, security of premises and goodpractice in club administration. It includesinformation about the renewal of licences,club inspections and the requirement on thepolice to maintain a register of clubs. ThisChapter also includes information about howthe Firearms Acts relate to cadet corps andschool target shooting clubs.

Introduction

18.2 Members of a rifle club, miniature rifleclub or muzzle-loading pistol club approvedby the Secretary of State or the ScottishMinisters may, without holding firearmcertificates, have in their possession firearmsand ammunition when engaged as membersin, or in connection with, target shooting(section 15(1) of the 1988 Act as amendedby section 45 of the 1997 Act). It should benoted that section 15(1) does not stipulatethat the firearms must be club firearms. It islawful for a member of an approved club topossess temporarily a firearm belonging toanother person for target shooting as amember of the club. Members may notpurchase or acquire firearms or ammunitionunless they have been granted firearmcertificates and the exemption does not coverthe use of firearms for purposes other thantarget shooting. The case of R v Wilson (1989)held that possession of firearms andammunition must only be in connectionwith the club’s activities, and does not givemembers a wider authority.

18.3 Whether approved or not, miniature rifleclubs are entitled to the exemption in section11(4) of the 1968 Act. Under that subsectiona person conducting or carrying on aminiature rifle range (whether for a rifle clubor otherwise) or shooting gallery at which

only miniature rifles and ammunition notexceeding .23 calibre or air weapons are usedmay, without a firearm certificate, purchase,acquire or possess such miniature rifles orammunition for them. Whilst there is no legaldefinition of a miniature rifle, other than onewhich does not exceed .23 inch in calibre, itis generally accepted that this refers only torifles firing .22 rimfire cartridges (see alsoparagraph 6.3). Persons using the range areexempt from holding a firearm certificateonly whilst using such miniature rifles andammunition at such a range or gallery.

Procedure for club approval

18.4 All applications for the approval of theSecretary of State or the Scottish Ministersshould be made on form 124. This form isproduced and kept by the principal shootingassociations (the National Rifle Association,the National Smallbore Rifle Association andthe Muzzle Loaders Association of GreatBritain) but each police force should keep asmall supply for use, if requested, by thosefew clubs which are not affiliated to theseassociations. Part A of the form is completedby the applying club secretary and submittedto the chief officer of police for the area inwhich the club’s firearms are to be stored or,in cases in which the club has no firearms,the chief officer for the area in which theclub secretary resides. Forms for renewal areusually supplied by the police.

18.5 If the chief officer of police is satisfiedthat the club satisfies the criteria for approval,the police should complete part B of the formbefore submission. In cases in which enquiriesindicate that there is no prospect of the clubbeing able to satisfy the criteria for approval,the form should be submitted with part Buncompleted. A covering letter should be sent

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with the form indicating why the police cannotrecommend the grant of approval.

18.6 Once the above has been done, theform should be submitted without delay tothe Home Office or the Scottish ExecutiveJustice Department.

18.7 Should a club not be immediately in aposition to satisfy the criteria, but it appearsthat given time it will be, the club secretaryshould be advised of the shortcomings.The submission of the application shouldthen be deferred until such time as the clubhas been able to remedy the deficiencies(to a maximum of six months from the dateof the original application). Once the club’sarrangements are such that they satisfythe criteria, part B of the form should becompleted by the police and submitted tothe Home Office or the Scottish ExecutiveJustice Department. Should the club not be ina position to satisfy the criteria at the end ofthe six months period, part B should be leftblank and the form submitted to the HomeOffice or the Scottish Executive JusticeDepartment with a covering letter explainingwhy approval has not been recommended.

18.8 In considering whether or not to grantan application for approval, the Secretary ofState and the Scottish Ministers must satisfythemselves that:

i) the club has regular use of ranges withsafety certificates covering the muzzleenergy and velocity of the weapons tobe fired;

ii) the security arrangements for thestorage of club firearms and ammunitionare satisfactory;

iii) the application is being made by or onbehalf of a bona fide club which is ableto meet the criteria set out in paragraph18.13; and

iv) there are no other considerationswhich would make the club unsuitablefor approval.

Ranges

18.9 The ranges which a club cite whenapplying for approval should be availablefor the club to use on a minimum of

six occasions a year, although in somecircumstances a lower frequency of use mightbe justified. Access to a suitable range inanother part of the country is unlikely to besufficient to qualify for approval purposesunless the reason for using it has beensatisfactorily established.

18.10 Current arrangements for the inspectionof the range by the military authorities relateonly to questions of safety insofar as theyaffect the structure of the range and accessto points where danger may occur in use.The only provision for such militaryinspection is on the request of the club andis normally related to initial construction orlater modification. Difficulties may arise if arange safety certificate is issued relating to arange which is considered by the police to beunsafe from other points of view affectingpublic safety (for example fire hazards). Toovercome such difficulties, people applyingfor a range safety certificate should in allcases obtain from the chief officer of policeconcerned a letter stating whether or notthere is any objection from the public safetypoint of view to the site of a proposedrange. The military authorities will remainresponsible for satisfying themselves as to thesafety of the range from the structural pointof view. If the police believe that a range hasdeteriorated to the point at which it is nolonger safe they should notify the club as towhat they consider the deficiencies to be. Itis also necessary to inform the Home Officeor the Scottish Executive Justice Department.

18.11 If a rifle or muzzle-loading pistol clubseeking approval proposes to use a rangesituated on licensed premises, it is essential inview of the provisions of section 20 of theLicensing Act 1964 and section 15 of theLicensing (Scotland) Act 1976, that the matterbe considered by the licensing authority. TheSecretary of State or the Scottish Ministerswill withhold approval until they are informedby the chief officer of police concerned thatthe licensing authority has no objections tothe situation and to the use of the range ingeneral. If applications are made to themilitary authorities for approval of a rangesituated on licensed premises and chiefofficers are approached for a letter statingthat they have no objection to the siting of

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Chapter 18RIFLE AND MUZZLE-LOADING PISTOL CLUBS AND CADET CORPS

the range, the case should be referred to thelicensing authority in the first instance. Chiefofficers will then be able to say in their letterto the military authorities whether or notthe licensing authorities have any objection.The application should not be submitted tothe Home Office or the Scottish ExecutiveJustice Department until the licensingauthorities, the chief officer and the militaryauthorities have had the opportunity toexpress any objections they may have.

Security of club premises

18.12 The club’s co-operation should besought to ensure that the firearms andammunition owned by the club are storedsecurely. The signatory of the club certificate(usually the club secretary) is ultimatelyresponsible for the safekeeping of clubfirearms and ammunition but the Secretaryof State and the Scottish Ministers take theview that they need not necessarily be presenteach time these are issued to or used by clubmembers. It is also acceptable for membersother than the firearm certificate holder, ifthe activity is clearly in connection withtarget shooting, to transport firearms toanother club or authorised range for acompetition or to a dealer for repair. It isadvisable when transporting firearms as amember of a club to have some form ofwritten authorisation from a club official(see also paragraph 22.15).

Administration of clubs

18.13 The Secretary of State and the ScottishMinisters attach great importance to theresponsible administration of approved clubsand will wish to ensure that the followingcriteria are complied with:

1) the club is a genuine rifle or muzzle-loading pistol club with a writtenconstitution;

2) the principal officers of the club areresponsible persons who can beentrusted with the proper administrationof the club;

3) the club has at least 10 members at thetime of application for approval and atall times whilst approved unless,exceptionally, the Secretary of State or

the Scottish Ministers determine thatthere are special circumstances whichjustify a lesser number;

4) members must be of good character;5) the club must appoint a member to act

as a liaison officer with the police andthe chief officer of police must haveconfidence that this person is providingthe police with such information as theyrequire to ensure that the activities of theclub and its members are conductedproperly and safely and give no causefor concern;

6) the club will maintain a register of theattendance of all members with details foreach visit of the firearms which they usedand the competitions, if any, in whichthey took part;

7) the club will inform the police of anyholder of a firearm certificate who hasceased to be a member for whateverreason;

8) the club will inform the police if anymember who holds a firearm certificatehas not shot with the club for a periodof 12 months;

9) the club will inform the police of anyapplication for membership, giving theapplicant’s name and address, and ofthe outcome of any application;

10) no application for full or probationarymembership will be granted unless theapplicant has informed the club ofwhether they have ever had an applicationfor a firearm or shot gun certificaterefused by the police, or had acertificate revoked;

11) members, prospective members andguests must be asked to sign a declarationto say that they are not prohibited frompossessing a firearm or ammunition byvirtue of section 21 of the 1968 Act(as amended). (This will usually applyto persons who have served a termof imprisonment);

12) the club has regular use of ranges withsafety certificates for the categories offirearm in respect of which approval issought or given, as the case may be;

13) the security arrangements for thestorage of club firearms and ammunitionare satisfactory;

14) the club does not run a day or temporarymembership scheme;

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15) the club does not have more than 12guest days a year. Guest members mustbe either members of a recognisedoutside organisation or individuals whoare known personally to at least one fullmember of the club;

16) guests must be supervised on a one-to-one basis at all times when handlingfirearms and ammunition, by either a fullclub member or someone who is a coachwith a qualification recognised by the UKor national Sports Council. The clubsecretary must notify each guest day tothe police firearms licensing departmentof the area in which the guest day is totake place, at least 48 hours in advance;

17) anyone who applies for membershipmust be sponsored by at least one fullclub member;

18) before becoming a full member,individuals must have a probationaryperiod of at least 3 months during whichtime they must attend and shoot regularly.The probationary member must be givena course in the safe handling and useof firearms on a one-to-one basis bysomeone who is either a full memberof the club or who is a coach with aqualification recognised by the GreatBritain Target Shooting Federation andgoverning bodies;

19) until a probationary member hassatisfactorily completed a course in thesafe handling and use of firearms, theymust be supervised at all times when inpossession of firearms or ammunition byeither the range officer, or a full memberof the club, or someone who is a coachwith a qualification recognised by theGreat Britain Target Shooting Federationand governing bodies;

20) the probationary period may be waived, atthe club’s discretion, for someone who • is already a full member of another

club which has been approved by theSecretary of State or the ScottishMinisters in respect of the sametype or types of firearm; or

• holds a firearm certificate; or • has handled firearms in the course of

their duty in the police or the armedservices, and has a statement from theirexisting or former senior/commandingofficer saying that they are fully trained

in handling the type of firearms inrespect of which the club has obtainedapproval and is able to use them safelywithout supervision;

21) the club never has more probationarymembers than full members unless theSecretary of State or the ScottishMinisters determine that there are specialcircumstances which justify a greaternumber of probationary members; and

22) there is nothing else that would make theclub unsuitable for approval.

These criteria should be read in conjunctionwith the notes in the Home Office leaflet“Firearms – Approval of Rifle and Muzzle-loading Pistol Clubs”.

18.14 The approval criteria for school targetshooting clubs differ significantly from theabove and are as follows:

1) target shooting with full or small-borerifles should be an authorised schoolactivity;

2) all aspects of shooting at the school mustbe under the control of one experiencedwho is nominated by and responsible tothe Head Teacher. This person must havepersonal experience of shooting with theweapons used by the club and at leastone year’s experience of exercising controlof the age group of pupils concerned;

3) the school must have regular use ofranges which are suitable for thecategories of firearm to be used;

4) the security arrangements for storingthe school firearms and ammunitionmust be satisfactory;

5) all shooting activities, including thehandling of firearms and ammunition,must be supervised at all times either bythe responsible adult at the school, or byat least one other equally experiencedperson nominated by the Head Teacher,or by someone who is a coach with aqualification recognised by the GreatBritain Target Shooting Federation andgoverning bodies;

6) shooting is normally available only topupils and staff of the school, visitingteams from schools which have also beenapproved by the Secretary of State undersection 15 of the 1988 Act, full members

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of rifle clubs approved under that section,members of Cadet Corps approved by theSecretary of State or the Scottish Ministersor individuals who hold a personal firearmcertificate and shoot in accordance withthe terms of that certificate;

7) the school does not allow shooting byguests on more than eight days eachyear. On such occasions, only parents,guardians and other relatives of pupils ofthe school or other adults known to theperson responsible for shooting, mayhandle firearms and ammunition. Guestmembers must be under constant one-to-one supervision when handling firearmsand ammunition either by the responsibleadult at the school, or another equallyexperienced person nominated by theHead Teacher, or someone who is acoach with a qualification recognisedby the Great Britain Target ShootingFederation and governing bodies. TheHead Teacher or the responsible adult atthe school must tell the local police aboutguest days at least 48 hours in advance;

8) the Head Teacher must appoint a personto act as liaison officer with the policeand the chief officer of police must haveconfidence that this person can providethe police with such information as theyrequire to ensure that shooting isconducted properly and gives no causefor concern;

9) the school will maintain a register of theattendance of all members together withdetails for each session of the firearmswhich they used and the competitions,if any, in which they took part;

10) the school will inform the police of anyholder of a firearm certificate who hasceased to be a member of the club;

11) the school will inform the police if anymember who holds a firearm certificatehas not attended a meeting for a year;and

12) there is nothing else that would make theschool unsuitable for approval.

Disclosure of information

18.15 Under the terms of their approval,clubs are obliged to notify the police of anyapplications for membership, giving theapplicant’s name and address, and of the

outcome of any application. The notes on thecriteria for Home Office approved club statusindicate that clubs should make their ownarrangements for assessing whether membersor prospective members are of goodcharacter and that police firearms licensingdepartments should not be asked to disclosewhether or not someone has a criminalrecord. Nevertheless, notification will enablethe police to take prompt action where theapplicant is found to be a prohibited personor is considered not to be of good character.

18.16 Current legislation/common law doesnot allow for the disclosure by the police to ashooting club of personal details of amember, or prospective member, unless theinformation is needed to prevent (or detect) acrime, or to enable the apprehension orprosecution of an offender. If, for example,an applicant is a prohibited person, an offencecould have taken place and the club’s full co-operation would be required to provideevidence for any prosecution under section 21of the 1968 Act. If it is necessary to disclosethe prohibition in order to investigate thematter it would be lawful to do so. If anindividual is judged to be unsuitable for otherreasons, the club liaison officer should beformally notified that they are unsuitable. Noother details should be supplied to the club.The club liaison officer should then informthe applicant that the police consider them tobe unsuitable and refuse the application. Indoing so, the applicant should be given thecontact details of the police firearms licensingofficer to enable the individual to makerepresentations should they so wish.

Grant of approval

18.17 If an application for the Secretary ofState or the Scottish Ministers’ approval isgranted a letter of approval will be sent tothe applicant. A copy of the approval willalso be sent to the chief officer of police.A decision to withhold approval will benotified in the same way.

18.18 The categories of firearm for whicha club may apply for the approval of theSecretary of State or the Scottish Ministersare full-bore rifle, small-bore rifle andmuzzle-loading pistol. The decision on

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which categories are specified will mainlydepend on the availability of suitable ranges.

Free firearm certificates forapproved clubs

18.19 Although a fee is payable for the grantor renewal of the Secretary of State orScottish Ministers’ approval under section15 of the 1988 Act (as amended), no fee ispayable for a firearm certificate granted tothe responsible officer of any club approvedby the Secretary of State or the ScottishMinisters and relating to firearms andammunition to be used solely for targetshooting by members of the club (section32(2) of the 1968 Act). Similarly, no fee ispayable for the variation or renewal of such acertificate. The exemption does not extend tocertificates given for rifles or muzzle-loadingpistols of a type not mentioned in a club’sapproval. Responsible officers of approvedclubs who are granted firearm certificatesshould be reminded of the necessity for strictcompliance with the law confining privilegesto members.

18.20 The notes to the Secretary of Stateand the Scottish Ministers’ letter of approvalstate that the chief officer of police mustbe informed if the club wishes to use analternative range or to use an additionalrange regularly (this does not apply to regularcompetitions between approved clubs).Changes of club secretary or club titlemust also be notified.

18.21 There is no need for the Secretary ofState or the Scottish Ministers to be keptinformed of the ranges being used by anapproved club. It is sufficient for the chiefofficer to inform the Home Office or theScottish Executive Justice Department whena club loses the use of a suitable range andconsideration might have to be given to thewithdrawal or limitation of the Secretary ofState or the Scottish Ministers’ authority.

18.22 Letters of approval are issued in thename of the club and do not cease to bevalid if the secretary changes. However, it isdesirable that changes of secretary arenotified to the Home Office or the ScottishExecutive Justice Department to ensure that

records are complete. Chief officers of policeshould also notify by letter any change ofclub title and confirm that the new clubremains suitable for approval. A letterconfirming approval in the club’s newname will then be issued.

Subsequent checks on approvedclubs and ranges

18.23 Rifle and muzzle-loading pistol clubsapproved by the Secretary of State or theScottish Ministers are required by section15(7) of the 1988 Act (as amended) to allowany constable or civilian officer dulyauthorised in writing to enter any premisesoccupied or used by the club and to inspectthose premises and anything on them toascertain whether the provisions of section15 and any limitations or conditions in theapproval are being complied with. Inspectionsmight include whether or not the ranges usedby the club remain safe, both for membersand for the general public, and that thestandard of the organisation and membershipof the club remains satisfactory. The club’sattendance register should also be checked toensure that all members with personal firearmcertificates are regularly shooting all theirguns and that the club’s return of memberswho have not shot with them for twelvemonths is accurate. The frequency of use ofranges will vary depending on the club’sindividual circumstances. These will includethe proximity of the nearest suitable rangeand the ease with which bookings can bemade. Target shooters may be expected touse their firearms regularly, at least threetimes a year.

18.24 Where problems arise with the runningof a club, which are not resolved by localdiscussion, and which might result in thewithdrawal of the club’s approval, the factsshould be reported without delay to theHome Office or the Scottish ExecutiveJustice Department. In most circumstances,representations on the matters raised maybe invited from the club secretary by theHome Office or the Scottish ExecutiveJustice Department.

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Extension of club approval

18.25 Applications for the initial approval ofa club under section 15 of the 1988 Act tobe extended to cover additional categoriesof firearm should be submitted on form 124under the same procedure as set out inparagraphs 18.4–18.7 and 18.17. No fee ispayable on the extension of an approval.

Club renewals

18.26 Section 15(5) of the 1988 Act (asamended) provides that an approval underthat section shall, unless withdrawn, continuein force for six years from the date on whichit was granted. The approval may be renewedfor a further six years on application. Form124 is available for this purpose and shouldbe submitted under the same procedure asset out in paragraphs 18.4–18.7.

Police records

18.27 Chief officers of police should maintainan index of all clubs situated in their policearea approved under section 15(1) of the1988 Act. Details of the club’s secretary,police liaison officer and ranges should berecorded and maintained. The index can beused as a reference point when dealing withapplications for personal firearm certificatesthough this will not remove the need tocontact the secretary or other officer in allsuch cases.

Combined Cadet Force, Sea CadetCorps, Army Cadet Force and AirTraining Corps

18.28 Section 11(3) of the 1968 Act wasrepealed by the Armed Forces Act 1996 andreplaced by section 28 of that Act. Section28 of the Armed Forces Act amended thedefinition of Crown servant in section 54 ofthe 1968 Act to include “members of anycadet corps approved by the Secretary ofState engaged as a member of that corpsin….target practice”. Effectively, therefore,cadets are regarded as Crown servants for thepurposes of the Firearms Acts and areexempt from the requirement to possess afirearm certificate when shooting as amember of the corps. Furthermore, firearmsmay be acquired for the corps by aresponsible officer duly authorised in writingwithout the need for a firearm certificate(section 54(2)(a) of the 1968 Act).

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19.1 This Chapter provides informationabout the secure keeping of firearms andammunition, referring to other sources ofmore detailed information where appropriate.It sets out the security issues for chiefofficers of police to consider when dealingwith certificate applications, renewals orvariations.

19.2 The 1998 Rules prescribe safe keepingconditions to appear on a firearm certificate.Rule 3(4)(iv) of the 1998 Rules creates twolevels of security:

• Paragraph (a) provides for the firearmsand ammunition to be stored securely atall times except as provided in paragraph(b), so as to prevent, as far as possibleunauthorised access; and

• Paragraph (b) lists the circumstances inwhich the security requirements ofparagraph (a) do not apply:

– when the firearms or ammunition arein use;

– when certificate holders have thefirearm with them for cleaning,repairing or testing it or in connectionwith its use, transfer or sale; or

– the firearm or ammunition is intransit in connection with any ofthese purposes.

Under these circumstances the certificateholder must take reasonable precautionsfor the safe custody of the firearms orammunition. Further detail is set out below,in Appendix 7 of this guidance, in the“Firearm Security Handbook” publishedby the Home Office in 2000 and the“Consolidated Guidance on Firearm Security”produced jointly by the Home Office and theAssociation of Chief Police Officers in 1999.

19.3 A similar safekeeping condition appearson a shot gun certificate. The only differenceis that the condition does not extend to shotgun cartridges.

Secure Storage

19.4 The “Consolidated Guidance on FirearmSecurity” referred to above provides adviceon security measures appropriate to differenttypes of firearms and ammunition in differentcircumstances. Forces are advised to adoptthis guidance as a matter of general policy inthe interests of consistency, taking account ofindividual circumstances as necessary.

19.5 Forces should note that while therequirements to keep firearms securely arestatutory, there are no statutory provisionson how this duty should be discharged.

The Firearms Rules

19.6 The Firearms Rules 1998 deal with thesafekeeping of firearms including shot guns.These Rules make it clear that it is aprescribed condition of the certificate:

“Firearms and shot guns to which thiscertificate relates must be storedsecurely at all times (except in certaincircumstances) so as to prevent, so faras is reasonably practicable, access tothe guns by unauthorised persons.”(Note: this includes section 1, but notshotgun (section 2), ammunition)

19.7 The Rules do not however prescribe theform of safekeeping or security. As with allaspects of crime prevention, the police mustlook at the individual circumstances of eachcase and at the overall security arrangementswhich will be in place. The level of securityshould be proportionate to the risk and each

Chapter 19SECURITY OF FIREARMS AND AMMUNITION

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case must be judged on its merits. Adviceshould be balanced and reasonable as wellas comprehensive.

19.8 It is not the intention of theGovernment to reduce the number offirearms held by certificate holders. Themisuse of firearms mainly involves those inunlawful possession of them. A firearm is likeany other property which needs protectingfrom the burglar/housebreaker or thief.

Factors for chief officer consideration

19.9 These may include the following:

a) A risk assessment based on the levels ofproperty crime in the area. This mightbe obtained from police officers workinglocally. These may be subject to suddentemporary changes and it is helpful to lookat the longer-term trends of property crimein an area, which is a more importantfactor. The incidence of gun theft in thearea might also be a factor;

b) The remoteness or otherwise of thepremises, and the potential response tocalls for assistance, either by police orneighbours;

c) The manner in which the property isoverlooked and/or illuminated. These aresignificant factors in deterring burglars;

d) The extent to which the property isoccupied or left unoccupied;

e) The location of storage points within theproperty and where appropriate thedistribution of firearms within each securepoint;

f) The attractiveness of the type of firearmsto criminals. For example, modern multi-shot handguns may be more attractive tocriminals than shot guns, which would inturn be more attractive than rifles or oldertypes of gun. Muzzle-loading firearms,whether original or reproduction, are notgenerally considered attractive to criminals;

g) The number of firearms held;h) Whether it is generally known that firearms

are stored on the premises.

The certification procedure

19.10 Perhaps the most important timewhen security questions are raised is whenapplications are made for the grant of afirearm or shot gun certificate. At such timesthe applicant will be seeking advice about thebest security arrangements and this willprovide a valuable opportunity to providesensible, well reasoned advice in the light ofthe circumstances prevailing at the time. Ifthere is any doubt about the adequacy ofsecurity the chief officer of police may takethis into account before issuing a certificate.

19.11 Renewals or variations of firearmcertificates, or the renewal of a shot guncertificate provide further opportunities toassess security and safety. In practice thereshould be no need for significant change ifthe recommendations made at the time of thegrant were accepted and implemented, andthere has been no subsequent change incircumstances.

Applying this guidance

19.12 This Guidance should be applied with aview to the individual circumstances and thetype and location of the premises subject torecommendations. This summary relates tothe situations relative to firearm or shot guncertificate holders.

19.13 It is important that the proposals ineach case take into account the safety of theoccupants of the premises; in particular,attention is drawn to the provisions of theFire Safety Acts, building regulations and theOccupiers Liability Act.

19.14 Attention is also drawn to the buildingregulations in respect of provisions foremergency escapes from buildings includingdwellings. For security purposes in thisdocument, no requirement can be made inrespect of a window or other opening whichhas been provided as an emergency escapethat will in any way prevent the immediateand unobstructed use of that escape route.

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19.15 If there is reason to believe that thereis a conflict between the need for security forfirearms and any regulations appertaining tothe safety of persons in that building, thenadvice must be sought from the agencyresponsible for the regulations.

19.16 Some situations and locations are suchthat these general principles cannot or do notprovide the security commensurate with therisk. The security provisions in these casescan be appropriate even though they do notaccord with this Guidance. Every case mustbe judged on its individual merits, with thisdocument providing general guidelines ratherthan strict rules.

19.17 The term “unauthorised access” hasbeen held to include the constructivepossession that can occur where personsother than the certificate holder have accessto the keys for security devices, as well asaccess gained by criminal entry to thepremises etc. Thus any keys to any securitydevice should be kept secure, with accesslimited to authorised persons. This isespecially important if children are in thehouse. Knowledge by an unauthorised personof the location of the keys or to thecombination to the locks may lead to abreach of the statutory security condition. Inthe case of Regina v Chelmsford Crown Court,Ex parte Farrer (2000) it was agreed thatdeliberately providing information of thewhereabouts of the keys was an offence. Itwas “reasonably practicable” for Mr Farrernot to tell his mother where the keys werekept in this case. With regard to sharedsecurity, such as a firearm and a shot guncertificate holder sharing a cabinet, separatesecurity provisions to prevent unauthorisedaccess to firearms once within the cabinet orprimary security measure, should be made.Devices such as lockable high tensile steelcable are considered suitable for this purpose.

19.18 Under most circumstances, it ispreferable that firearms should be securedwithin the occupied structure of a dwelling.Separate, detached buildings, or thoseattached but having only external access, forexample outhouses, garages etc. should notbe used unless the levels of security warrant

it. If used, these could also be protected byan intruder alarm linked to the household.

19.19 In some modern houses, thermal blockis used for the inner skin of main walls. Thisdoes not provide as substantial an anchoragepoint for security devices as those that candivide integral garages from living areas, forexample. (Integral garage means those builtwithin the dwelling and providing internaldoor(s) to the other living areas). Whilst notusually a suitable location, if a garage issecured to the level of recommendationsmade later in this document then this optionshould be considered. It should be consideredas an option after reviewing all otherlocations within the inhabited part of thepremises.

19.20 If the certificate holder’s dwelling is amobile home or static caravan, a different setof security concepts should be adopted.Details will be found in the “Firearm SecurityHandbook”. These are primarily concernedwith the anchorage of the structure. Thatstructure’s capability to store items securelymay well require that an extra layer ofsecurity is needed to “target harden” the unit.It is unlikely that a gun room cansatisfactorily be constructed within such adwelling or unit of this type.

19.21 As with any other valuable articles, thesecurity of firearms should be considered inlayers:

(i) The Outer Layer. The protection ofthe surroundings etc which arenecessary for particular situations orrisks. Exterior lighting, approachesoverlooked etc.;

(ii) The Secondary Layer, a protection ofthe surrounding structure (the buildingor part of a building) which containsthe immediate or core layer for thefirearms;

(iii) The Immediate or Core Area, whichwill secure the firearms directly andallow access only by those who areauthorised to have possession of thosefirearms.

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19.22 In most circumstances, the immediateand secondary layers are likely to be all thatneed to be addressed. However, conditionswhich affect either the ability of the outerstructure to provide a defensive levelcommensurate with the particular risks, orany constraints upon the occupier, (forexample crime level, property style or type ofconstruction, constraints in tenanted propertyetc.) may require adjustments to either layer.

19.23 If the occupant can show that thehouse has been designed and built to therequirements of BS8220 (the “secured bydesign” model, introduced in 1996) or hasdoors to BS PAS 24 and windows to BS7950,then those parts of the dwelling can be takento have satisfactory security in respect of thesecondary layer above.

The broad levels of security

19.24 It may also be helpful to think ofsecurity in terms of broad “levels” to beapplied according to the circumstances ofeach case. These are not intended to beprescriptive, but rather to provide guidanceon what might be considered proportionatein each case.

Level 1

19.25 The security of firearms, ammunitionand shot guns within a dwelling can in mostcases be achieved by the provision of acabinet designed for this purpose. Newcabinets should conform to the requirementsof BS7558. Further information on the designof cabinets can be found in the “FirearmSecurity Handbook”. The cabinet should befixed to the structure of the building andsuitably located to frustrate or obstruct thepoints of attack or identification by personsvisiting the premises. BS7558 was introducedin 1992, but many older cabinets will be builtto perfectly satisfactory standards and, ifsatisfactory, need not be replaced.

19.26 As an additional level of security,ammunition and easily removable componentparts – such as rifle bolts etc. – ought to bestored separately from the firearms they fit.This could be either by use of a detachedstorage container fitted elsewhere in the

dwelling, or one built into or onto thefirearms cabinet.

19.27 There is a need to consider otheralternatives for unusual firearms such as puntguns, cannon etc. In these cases, such itemsmay be secured in buildings other than thedwelling. Suitable securing points may berequired where the situation or constructionof such buildings make it necessary. Wherepossible any removable part that wouldrender the gun inactive should be storedseparately.

19.28 When only one rifle or shot gun isheld and a low level of risk is involved, gunclamps or similar devices or arrangementsmay be adequate. Other considerations inthat dwelling might be:

a) Final exit doors of good constructionsecured with good quality locks and/orother types of deadlocking facilities;

b) Suitable locks/securing devices on groundfloor windows and French/patiowindows.

19.29 In the cases of more modern houses,the above requirements will be met inproperties with PVCu doors or specialistdoors by a multi-locking system, gear or barlink operated, which is secured by a deadlock.These requirements will also be met inproperties with PVCu or specialist windowsby a similar style of internal mounted system,gear or bar link operated, secured by a keyedlock, either handle or independently mounted.

19.30 If you give advice to fit locks to PVCudoors and/or windows it must be stressedthat the manufacturer/supplier should beconsulted about which locks would beappropriate, as the fitting of non specifiedlocks may cause damage to the article andinvalidate the product warranty.

Level 2

19.31 Where the individual circumstances aresuch that additional considerations forsecurity might be made (for example, a highcrime location, building regularly unoccupied,substantial number of firearms on thepremises, repeat victimisation etc.), in addition

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to the provision of a suitable cabinet, gunroom or safe, the following may beconsidered:

a) The exit door locks should be toBS3621 or equivalent and any Frenchwindows/patio doors should have anintegral locking system or be providedwith supplementary locks to frustrateforcible opening, together with anti-liftblocks if applicable;

b) Windows on the ground floor and thoseaccessible from flat roofs etc should befitted with an appropriate type andnumber of locks which are self-latchingor active-key operated. These shouldensure casement-to-frame locking alongthe length of the opening edge;

c) An audible intruder alarm to theappropriate standard protecting either thewhole of the premises or those parts ofthe premises deemed necessary;

d) Splitting the risk by dividing up thenumber of guns between several securelocations.

19.32 For these purposes, a “substantial”number of firearms should be measured withregard to the type of firearms, their potentialdanger if misused and their likelyattractiveness to criminals. At the lower endthe number might vary between six and ten,depending on the type of firearm concerned,whilst anything over ten would rarely, if ever,be lower than level 2. For these purposes,sound moderators, spare barrels, sparecylinders and component parts should notnormally be considered as part of this total.

19.33 If the certificate holder provides adifferent form of security which equates tothat provided above (such as providing areinforced gun room or other area), this mayalso be accepted as suitable. The commentsmade in reference to PVCu and otherspecialist products are also applicable.

Level 3

19.34 If the risk is assessed as being greaterthan the previous level (for example by virtueof a high crime rate, certain high profilecertificate holders, large numbers of firearmsheld etc), then the following should be

considered as well as the previous levelof security:

a) Dividing the risk, for example by theprovision of separate cabinets, perhaps indifferent locations within the premises,to break down the number of firearmsper enclosure;

b) Additional target hardening of the storage(cabinet with individual gun locks, orextending to a gun room);

c) Installation of an audible intruder alarmto protect the whole of the premises.If there is a particular risk attached tothe property or its area, then a systemwith signalling should be sought. Theprovisions of the ACPO intruder alarmpolicy of 1995 should be considered ifa signalling system is to be installed.

19.35 For these purposes, “large numbersof firearms” may be taken as meaning morethan twelve guns, but excluding any antiquefirearms held as curiosities or ornaments.For these purposes, sound moderators, sparebarrels, spare cylinders and component partsshould not normally be considered as part ofthis total.

Ammunition

19.36 As a matter of best practice,ammunition for section 1 firearms should bekept secure apart from the firearm. Althoughsecure storage of shot gun cartridges is nota requirement of the Firearms Acts, it issensible to recommend that these shouldbe locked away for both security and safety,especially where there are children inthe house.

19.37 Although ammunition is not generallya serious fire hazard, in advising on thelocation of any ammunition container, ensurethat it is not in an area exposed to a riskof fire. It is also not advisable for anammunition container to be located in thearea of an escape route from a room wherethere is a fire risk (for example a kitchen).If there is any doubt on the safety or methodof intended storage, the Explosives LiaisonOfficer may be consulted. This is alsorecommended in the case where a privatecertificate holder intends to keep reloading

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articles such as gunpowder, primers or largequantities of cartridges etc.

Siting and fixing of devices

19.38 Any firearm security cabinet etc. shouldbe sited out of view from people both insideand outside the building. Securing to suitablebuilding walls within built-in furnishings, thatis wardrobes, cupboards, lockers etc. canprove effective. Rooms such as lofts andcellars for example, that are unlikely to bevisited by casual visitors, are an option.However, when recommending such places,it is important to consider whether theenvironment is suitable. Extremes intemperature, dampness, condensation etc. maymilitate against such use, as not only couldit result in damage to the firearms andammunition but particularly in damp areas,it may cause erosion of the fixings or thecabinet material, thus reducing its security.

19.39 In addition, the ease and convenienceof access to such places is important. If thisis difficult there may be a tendency for thecertificate holder to delay putting theirfirearms away upon return to the dwelling.Police research has shown that a number oflosses have involved owners not immediatelysecuring their weapons and suffering theirsubsequent theft.

19.40 In advising on the location of anysecurity cabinet, remember that most steelgun cabinets have a high weight-to-footprintratio. The average floor loading for asuspended floor on timber joists is 56lbsper square foot. A 9-gun cabinet with a24" x 12" (60.1 x 30.1 cm) footprint canbe in the order of 126 lbs per square footwhich equates to more than a safe averagesuspended floor loading. Obviously, anyfixing to a wall will reduce this loading.Joist ends are a more suitable fixing locationthan joist runs.

19.41 In a loft installation for a cabinet, careneeds to be exercised. Not all lofts havejoists calculated to include weight loadingother than that of the ceiling below. It is notuncommon for joists in lofts to be 40%smaller in cross sections than joists carryingfloors. Full use must therefore be made of

the support from structural walls carryingsuch joists. If there is any doubt, theapplicant/certificate holder should obtainproper structural advice.

19.42 Fixings for security devices form animportant part of the overall resistance toattack. Fastening to timber studded wallsshould be avoided, unless some additionalanchorage can be provided. Floor or roofjoists (subject to the previous comments) areacceptable. Walls of brick, concrete ormasonry are usually the best bondingmaterials. It is important that the fixing boltschosen are correct for that material (forexample expanding bolts, chemical anchors,toggle bolts etc.). With modern buildingmaterials, particularly breeze and thermalblock walls, the materials are not particularlysuited to normal fixing devices.

19.43 When cabinets are being fitted,consideration should be given to varying themethod of fixing. For example, in buildingswith only partition internal walls and moderninsulation block lining or random stone walls,it can be perfectly acceptable to fix cabinetshorizontally, as long as appropriate fixingdevices are used.

19.44 This will also assist when fastening intosuspended wooden flooring, as it spreads theload more evenly. In this case, coach screwsof at least 3/8" (9.5mm) diameter and notless than 2.5" (63.5mm) long will normallyprovide a suitable anchorage. However, wherescrews of such a size might weaken thesuspended flooring, smaller screws mightbe more appropriate. Such fixings must ofcourse be made into joists and not simplyto the floor boarding.

19.45 Another consideration should be thesize and weight of the larger form of guncabinet or commercial safe. Due to their veryweight or size, fixing may be unnecessary inthese cases, but they should be located insuch a position that would further frustrateremoval.

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Consideration for certificate holderstransporting firearms in vehicles

19.46 While carrying firearms in a vehicle, thefollowing steps are considered to accord withthe duty to ensure the safe custody of thefirearms and/or ammunition.

19.47 Any guns should be hidden, preferablyin the locked boot or other secured loadcarrying area of the vehicle where practicable.Vehicles used frequently for transportingfirearms should ideally have an immobiliserand/or alarm fitted, if the firearms are to beleft unattended.

19.48 If the vehicle is left unattended for anyreason, firearms should be concealed,preferably in the locked luggage compartmentand (where practicable), an essentialcomponent such as the bolt or fore-endremoved and kept in possession of theresponsible person. Where possible anyammunition should be stored separately fromthe firearm and this too should be concealedfrom view. The vehicle should be locked, andany immobiliser or alarm should be set. Ifpossible, the vehicle should be parked withinthe sight of the responsible person.

19.49 In the case of an estate, hatchback orsimilar vehicles, and where the firearms are tobe left unattended, the followingrecommendations should be considered:

a) The responsible person should ensurethat the lid or cover of the load carryingarea is in place and /or that the guns areso covered or concealed to prevent theiridentification;

b) Whenever possible the guns andammunition should not be storedtogether. Where the boot or loadcarrying area is the most practical place,ammunition should be secured in anappropriate container, ideally securedto the vehicle – if practicable;

c) Wherever possible, the bolt, magazineor other vital operating part should beseparated from the gun and either carriedon the person or secured or hidden inthe vehicle, or kept in a locked container,ideally secured to the vehicle ifpracticable;

d) If firearms are regularly carried in sucha vehicle, provision should be made forsecuring the firearms to the vehicle’sstructure. For example, security cases,cage, cable or clamp.

19.50 When firearms and ammunition arebeing carried on a journey which involvesthem being kept away from their usual securestorage, the responsible person should ensurethat they are, as far as reasonably practicable,secure. Consideration when firearms are beingtaken to venues involving overnight or longeraccommodation might include:

a) Obtaining accommodation which providessecure facilities (many country hotels offerthis service);

b) Separating and retaining possession ofintegral parts of the firearm to preventit being used; or

c) Using portable security devices, such assecurity cords.

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20.1 This Chapter sets out the legal authorityand rationale for charging fees for the variouscertificates issued under the Firearms Acts.It does not provide details of the actualamounts payable. It also lists the variousexemptions that apply.

Legal authority and rationale

20.2 Under section 43 of the 1968 Act, theSecretary of State has power to vary the levelof fees payable under the Act. Fees are setat a level intended to cover the costs ofadministering the certification and registrationprocedures and these are reviewed regularly.

Exemption from fees for firearmcertificates

20.3 No fee is payable on variation:

a) if the total number of firearms to whichthe certificate relates is not increased;

b) in respect of ammunition alone; orc) when a firearm certificate is renewed

at the same time.

However, in accordance with section 32(1)(c)of the 1968 Act, a fee is payable for avariation (other than when the certificate isbeing renewed at the same time) thatincreases the number of firearms to whichthe certificate relates. No fee is payable wherethe two elements of a “one for one’ variationtakes place at the same time, that is onefirearm is exchanged for another at the sametime. If the first firearm is removed from thecertificate, the addition of a new firearmsubsequently will be an increase in thenumber of firearms to which the certificaterelates and the variation to add that newfirearm would thus attract a fee. However, if

a certificate holder who has disposed of afirearm makes application for a variationwithin seven days from disposing of thefirearm this will not normally attract a fee.

20.4 No fee is payable in respect of a firearmcertificate granted to the responsible officerof any rifle or muzzle-loading pistol club,miniature rifle club or school approved bythe Secretary of State or the ScottishMinisters, and relating to firearms andammunition to be used solely for targetshooting by members of the club or school.Nor is any fee payable in respect of thevariation or renewal or such a certificate(section 32(2) of the 1968 Act). There ishowever, a fee payable in respect of thegrant or renewal of the Secretary of Stateor Scottish Ministers’ approval of such a clubor school (section 15(1) of the 1968 Act)(See Chapter 18).

20.5 Section 32(3) of the 1968 Act providesthat no fee shall be payable on the grant,variation or renewal of a certificate if thechief officer of police is satisfied that thecertificate relates solely to, and, in the caseof a variation, will continue when varied torelate solely to:

a) a firearm or ammunition which theapplicant requires as part of theequipment for a ship or hovercraft; or

b) a signalling apparatus (for exampleVery pistols) or ammunition whichthe applicant requires as part of theequipment of an aircraft or aerodrome; or

c) a slaughtering instrument or ammunitiontherefor which the applicant requires forthe purpose of the slaughter of animals.The term “slaughtering instrument”means a firearm designed or adaptedfor this purpose, rather than simply a

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handgun possessed for the humanedestruction of animals.

20.6 In categories (a) and (b) a free certificateshould, in general, be granted only to theowner or charterer of the ship, hovercraft,aircraft or aerodrome, the owner orcharterer’s agent, or the master or otherresponsible officer in charge of the storesof the ship, hovercraft, aircraft or aerodrome.As regards (c), the persons to whom freecertificates in respect of slaughteringinstruments or ammunition may be grantedwill include master butchers, superintendentsof abattoirs, farmers, smallholders andcrofters who kill their own animals withinthe food chain.

20.7 Section 32(3A) of the 1968 Act, as itcontinues to have effect by virtue of Article 5of the Firearms (Variation of Fees) Order1994, provides a further exemption from therequirement to pay a fee for signalling deviceswhich, when assembled and ready to fire, arenot more than eight inches long.

20.8 Section 32(4) of the 1968 Act providesthat a firearm certificate relating solely to atrophy of war shall be granted free of chargeand if so granted subject to the conditionthat the applicant shall not use the firearm.An ordinary certificate may also be variedfree of charge so as to cover a trophy of warif the variation is made subject to thecondition that the weapon shall not be used.

20.9 Section 54(2)(b) of the 1968 Actprovides for the issue of a free firearmcertificate or, as the case may be, shot guncertificate to a person in the armed serviceswho satisfies the chief officer of police thatthey are required to purchase or acquire afirearm or ammunition for their own use intheir capacity as such.

20.10 The Diplomatic Privileges Act 1964exempts diplomats and members of someinternational bodies from payment of thecertificate fee (see paragraph 10.29).

Shot Gun Certificate

20.11 No charge should be made for shotgun certificates issued to diplomats and

members of the international organisations(see paragraph 10.29). There are no otherexemptions from the requirement to pay thefee for a shot gun certificate but a reducedfee is payable when the certificate is issued inconjunction with a new or current firearmcertificate.

Dealer’s Registration

20.12 The Act provides an exemption fromthe requirement to pay a fee for registrationas a firearms dealer when the applicant istransferring their business from anotherpolice force area where they are alreadyregistered. This is also the case when thetransfer is merely the result of a change oflocal government or police force areaboundaries.

Fees for the examinationof imitation firearms

20.13 Manufacturers and importers whosubmit model and replica firearms to theForensic Science Service (FSS) for advice onwhether they conform to the guidelines underthe 1982 Act must pay the appropriate fee tothe FSS. This fee is reviewed regularly.


Chapter 20FEES

21.1 This Chapter provides information aboutthese two distinct areas. On notices, it liststhe circumstances that require chief officersof police and the Secretary of State orScottish Ministers to provide notice, as wellas the way that this notice should be sent.On appeals, this Chapter sets out the variouslegal authorities allowing appeals by certificateholders or registered firearms dealers againstpolice decisions, as well as an introduction tosome of the requirements of the process andissues for police consideration.

Notices

21.2 Chief officers of police are required togive notice:

a) to the holder of a firearm certificate:• when varying a condition in the

certificate (section 29(1) of the 1968Act); or

• when requiring them to surrender theircertificate, firearm and ammunitionwhen it has been revoked by the chiefofficer of police (section 30(A)) of the1968 Act or cancelled by a court(section 52(2)(b) of the 1968 Act).

b) to the holder of a shot gun certificate:• when requiring them to surrender their

certificate/shot gun when it has beenrevoked by the chief officer of police(section 30(C) of the 1968 Act orcancelled by a court (section 52(2)(b) ofthe 1968 Act).

c) to a registered firearms dealer:• who has failed by the date of expiry to

surrender their certificate of registration,requiring them to comply with thestatutory requirement (section 38(6) ofthe 1968 Act);

• of the intention to remove their namefrom the Register; or

• when the name of the dealer is removedfrom the register, requiring them tosurrender their certificate of registrationand register of transactions (section38(8) of the 1968 Act).

21.3 The Secretary of State and the ScottishMinisters are required to give notice:

a) to the holder of the Secretary of State orScottish Ministers’ authority under section5(1) of the 1968 Act requiring them todeliver up their authority when it has beenrevoked (section 5(6) of the 1968 Act);

b) to the persons responsible for themanagement of a museum holding amuseums firearms licence:• when varying the conditions in the

licence (paragraph 2(1)(a) of theSchedule to the 1988 Act);

• when extending or restricting thepremises to which the licence applies(paragraph 2(1)(b) of the Schedule to the1988 Act);

• requiring them to surrender the licencewhen it has been revoked (paragraph2(4) of the Schedule to the 1988 Act).

21.4 Under section 56 of the 1968 Act,notices required or authorised by the Act maybe sent by recorded or special delivery in aletter addressed to the person’s last or usualplace of abode, or to any registered place ofbusiness if a firearms dealer. Notices mayalso, and frequently are, served personally bythe police or, in the case of somebodyserving a term of imprisonment, a PrisonOfficer. In the case of revocation or refusalto renew a certificate, personal service,whenever practicable, gives the person anopportunity to discuss the matter.

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Appeals

21.5 Sections 28A, 29, 30A, 30B, 30C, 34, 36,37 and 38 of the 1968 Act (as amended) andsections 12(4) of the 1988 Act give rights ofappeal against decisions of chief officers ofpolice in connection with the grant, variation,renewal or revocation of firearm certificates,and the registration or removal from theregister of firearms dealers. Under section 44of the 1968 Act an appeal lies to the CrownCourt in England and Wales, or to theSheriff in Scotland, in accordance withSchedule 5 of the 1968 Act. There is nostatutory right of appeal against certificateconditions (Buckland v CambridgeshireConstabulary) although unreasonable additionsmay be challenged by way of Judicial Review.

21.6 Under Schedule 5 of the 1968 Act anappellant must give notice of their appeal tothe administrator of the Crown Court and tothe chief officer of police concerned within21 days after the date on which they receivednotice of the decision of the chief officeragainst which they wish to appeal. The chiefofficer might want to consider any furtherevidence or representations at any timeleading up to the hearing of an appeal. Theadministrator of the Crown Court is thenrequired to enter the appeal and give noticeto the appellant and to the chief officer ofthe date, time and place fixed for the hearing.Paragraph 5 of the Schedule provides that thechief officer may appear and be heard at thehearing of the appeal. The Schedule alsoprovides for abandonment of an appeal bynotice in writing to the administrator of theCrown Court and the chief officer not lessthan two clear days before the hearing. TheSchedule also contains provisions relating tocosts of appeals (Goodman & Newton vDerbyshire Police 1998).

21.7 Section 44 of the 1968 Act wasamended by section 41 of the 1997 Act. Thisprovided two points of clarification in respectof the appeal process:

a) that an appeal shall be determined on themerits (and not by way of review), R vActon Crown Court (ex parte Varney); and

b) that the Court or Sheriff hearing an appealmay consider any evidence or other matter,whether or not it was available when thedecision of the chief officer was taken(Kavanagh v Devon and Cornwall Constabulary).

21.8 In practice, this means that the Courtswill consider the case afresh, including anymatters that may have come to light since thechief officer of police’s decision was made.The chief officer should therefore considerany such matters which have arisen whichmight have a bearing on the case prior to theappeal.

21.9 In dealing with an appeal, police forcesmay wish to take the advice of their legaldepartment on matters of law. It shouldbe noted that guidance issued by the HomeOffice/Scottish Executive or theACPO/ACPOS has no legal standing andis thus open to challenge. However, suchguidance will often reflect the existing caselaw and previous decisions by the Courts,and forces may wish to consider whatprecedents may have been established insimilar cases.


Chapter 21NOTICES AND APPEALS

22.1 This Chapter outlines the variouscriminal offences contained in the 1968 Act,and includes a reference to a criminalfirearms offence under the terms of theHighways Act 1980.

Shortening shot guns and convertingimitation firearms (section 4 of the1968 Act)

22.2 It is an offence under section 4 of the1968 Act to:

a) shorten the barrel of a shot gun to alength less than 24 inches; or,

b) convert an imitation firearm into a firearm.

22.3 A person who commits an offenceunder section 1 by possessing, purchasing oracquiring a shot gun with a barrel shortenedto less than 24 inches or a convertedimitation firearm without holding anappropriate firearm certificate is liable to themore severe penalty prescribed by section4(4) of the 1968 Act (see Schedule 6, Part 1).

22.4 It is an offence under section 6 of the1988 Act to shorten the barrel of anysmooth-bore gun to which section 1 of the1968 Act applies (unless it has a barrel with abore exceeding 2 inches) to a length less than24 inches in length.

22.5 It is not an offence for a registeredfirearms dealer to shorten the barrel of a shotgun or other smooth-bore gun for the solepurpose of replacing a defective part of thebarrel so as to produce a barrel not less than24 inches in length, or to convert animitation firearm into a firearm.

Possession of firearm with intent toendanger life (section 16 of the1968 Act)

22.6 Section 16 of the 1968 Act makes it anoffence to possess a firearm or ammunitionwith intent to endanger life (and/or causeserious injury to property in Scotland). Themaximum penalty for this is life imprisonment.Section 16A of the 1968 Act makes it anoffence to possess a firearm or imitationfirearm with intent to cause, or to enableanother person to cause, someone else to fearthat unlawful violence will be used againstthem or another person. It provides for amaximum penalty of 10 years imprisonmentor a fine, or both.

Criminal use of firearms andimitation firearms (section 17of the 1968 Act)

22.7 Section 17 of the 1968 Act makes it anoffence for a person to use a firearm orimitation firearm to resist or prevent theirarrest, or that of some other person, and topossess either when committing, or beingarrested for, one of the offences in Schedule1 of the 1968 Act (in Scotland, Schedule 2),unless they can show that they possess itfor a lawful object. It should be noted thatsection 17(3) of the 1968 Act has beenrepealed and Schedule 1 of the 1968 Actamended by the Theft Act 1968, and thatsection 10 of the Theft Act 1968 creates theoffence of aggravated burglary in respect ofburglary with firearms. The Theft Act 1968does not extend to Scotland. For the purposeof section 17 of the 1968 Act the definitionof “firearm” in section 57(1) of the 1968 Actapplies without paragraphs (b) and (c) of thatsubsection, and “imitation firearm” isconstrued accordingly. The definition offirearm for the purposes of the Theft Act

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includes an air gun or air pistol. The 1982Act extends the provisions of section 1 ofthe 1968 Act to certain imitation firearms(see paragraphs 2.17 and 2.18).

Carrying firearms with criminal intent(section 18 of the 1968 Act)

22.8 Section 18(1) of the 1968 Act makes itan offence for a person to have with them afirearm or imitation firearm with intent tocommit an indictable offence or to resistarrest or prevent the arrest of someone elsewhile they have it with them. “Indictableoffence” means by virtue of section 57(4) ofthe 1968 Act, read with section 64 of theCriminal Law Act 1977 and Schedule 13thereto, an offence which if committed by anadult is triable on indictment, whether it isexclusively so triable or triable either way. InScotland, “indictable offence” means anyoffence specified in paragraphs 1-18 ofSchedule 2 to the 1968 Act.

22.9 In order to prove an offence undersection 18(1) of the 1968 Act, it is necessaryto show:

a) that the accused had a firearm or imitationfirearm with them; and

b) that they intended to commit an indictableoffence or to resist arrest or prevent thearrest of another, as the case may be.

22.10 Section 18(2) of the 1968 Act provides,however, that if (a) and (b) are proved, thatshall be evidence of an intention to have theweapon with them at the time of committingthe offence or of resisting or preventing thearrest which can be displaced by evidence tothe contrary.

22.11 Section 18 of the 1968 Act covers alltypes of firearms, including shot guns, airweapons and imitation firearms. It should benoted that an air weapon must be sufficientlypowerful to be defined as a lethal barrelledweapon.

Carrying firearms in a public place(section 19 of the 1968 Act)

22.12 Section 19 of the 1968 Act makes it anoffence to have in a public place without

lawful authority or reasonable excuse (theproof whereof lies on the accused) a loadedair weapon or a loaded shot gun, or anyother firearm, whether loaded or not,together with ammunition suitable for use inthat firearm. Care should be taken to ensurethat those who may have lawful authority orreasonable excuse to carry firearms in apublic place are not unnecessarilyinconvenienced.

22.13 Section 57(6) of the 1968 Act includesa definition of “loaded” in relation to shotguns and air weapons. An air weapon is tobe treated as loaded if there is a pellet in thebreach, even if the compression necessary tofire the gun is not present; and in the case ofa shot gun or air weapon having a loadedmagazine, the gun is to be treated as loaded,even though there is no round in the breech.

22.14 The definition of a “public place” insection 57(4) of the 1968 Act is the same asthat in section 1(4) of the Prevention ofCrime Act 1953, specifically “any highwayand any other premises or place to which atthe material time the public have or arepermitted to have access, whether onpayment or otherwise”. For Scotland, theword “highway” in the definition of “publicplace” in section 57(4) has been deleted andreplaced by “road (within the meaning of theRoads (Scotland) Act 1984)”. Relevant caselaw here is Anderson v Miller and Another,QBD 1997.

22.15 Members of an approved rifle ormuzzle-loading pistol club who carry clubfirearms and ammunition for the purpose ofclub shoots at ranges away from their homeclub premises benefit from the provisions ofsection 15 of the 1988 Act. People so doingmight be encouraged to carry writtenauthority from their club secretary or clubofficial and a copy of the club certificate.Firearms removed from club premises for thepurpose of participating in competitionsshould be returned, without delay, to the clubstorage after the competition, unless it isimpracticable to do so.

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Trespassing with firearms(section 20 of the 1968 Act)

22.16 Section 20 of the 1968 Act makes itan offence for a person, while they have afirearm (including an air weapon) or imitationfirearm with them, to enter or be in anybuilding or part of a building, or enter orbe on any land, including land covered withwater, as a trespasser and without reasonableexcuse (the proof whereof lies with them).In each case, the trespass consists of enteringor being in or on the building or land as atrespasser. Reasonable excuse is a defence,if it can be proved, but no exception is madefor “lawful authority” since lawful authorityitself would be incompatible with trespass.It is immaterial whether or not the firearmis loaded, or whether or not the accused haveammunition with them.

Highways Act 1980

22.17 Under section 161 of the Highways Act1980, it is an offence for any person, withoutlawful authority or excuse, to discharge anyfirearm within fifty feet of the centre of anyhighway which comprises a carriageway, if inconsequence, any user of the highway isinjured, interrupted or endangered. For thesepurposes a carriageway means a highway(other than a cycle track) over which thepublic have a right of way for the passage ofvehicles. The Highways Act does not apply inScotland but Procurators Fiscal may usecommon law offences of “culpable andreckless conduct” and “recklessendangerment” in situations in which the1980 Act would be contravened in Englandand Wales.



23.1 This Chapter provides information aboutpolice powers to:

• Search with a warrant;• Stop and search;• Require production of certificates;• Arrest.

23.2 It goes on to set out some details of thetime requirements for commencement ofsummary proceedings, and the powers of aCourt to order the cancellation of a certificateand/or the forfeiture of firearms orammunition.

Search with a warrant

23.3 Section 46 of the 1968 Act provides thatif a justice of the peace or a magistrate, or inScotland a sheriff, is satisfied that there isreasonable ground for suspecting that anoffence under the Act (except an offenceunder section 22(3) of the 1968 Act or anoffence relating to an air weapon) has been,is being, or is about to be committed, orthat, in connection with a firearm orammunition, there is a danger to the publicsafety or to the peace, they may grant asearch warrant authorising a constable orcivilian officer:

a) to enter at any time premises or a placenamed in the warrant, if necessary byforce, to search the premises or place andpersons found therein;

b) to seize and detain anything found there,or on any person there, which they suspectof being connected with an offence, or apossible offence under the Act (other thanan offence under section 22(3) of the 1968Act or connected with air weapons) or, inconnection with a firearm, imitationfirearm or ammunition, there is a dangerto the public safety or to the peace.

23.4 The power to seize and detain undersection 46 of the 1968 Act includes a powerto require information held on computer,which is accessible from the premises orplace in question, to be produced in a legibleand visible form which can be taken away.

Stop and search

23.5 Section 47 of the 1968 Act gives thepolice various powers in connection withoffences and suspected offences in a publicplace, or elsewhere, under sections 18(1) and(2) and 20 of the 1968 Act. A constablehaving reasonable cause to suspect a personof having a firearm, with or withoutammunition, with them in a public place, orto be committing or about to commit,elsewhere than in a public place, offencesunder sections 18(1) and (2) and 20 mayrequire the firearms or ammunition to behanded over for examination, search thatperson and detain them for the purpose ofdoing so, and, if a vehicle is involved, searchthe vehicle and for that purpose require theperson driving or in control of it to stop it.For the purpose of exercising these powersa constable may enter any place.

23.6 The primary purpose of section 47(1)of the 1968 Act is to enable a constable torequire the handing over of a firearm and anyammunition for their examination so thatthey may ascertain, for instance, whether afirearm is real or an imitation, what type offirearm it is (if this is not apparent), whetherit is loaded or whether the ammunition issuitable for use in the firearm. It is forexample an offence under section 19 of the1968 Act to have a shot gun or air weaponin a public place only if it is loaded. Thus ifa constable sees a person with such a gun ina public place, although they have obviousgrounds for suspecting them of having a

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firearm, they may well have no grounds forsuspecting an offence until they haveexercised the powers given by section 47(1)of the 1968 Act and examined the firearm. Ifthe person refuses to hand over a firearm orammunition when required to do so, theycommit an offence and a power of arrestarises as explained in paragraph 23.9 below.

23.7 The powers to detain, search, enter andseize in section 47 of the 1968 Act aresimilarly intended to enable a police officer toascertain whether an offence has beencommitted and to take immediate andeffective action. The powers are, however,limited to certain offences under the Act andany officer using them may have to satisfy acourt as to the grounds upon which theywere exercised. Chief officers of policeshould keep careful watch on the use ofthese powers and satisfy themselves that theyare used properly and with discretion.

Require production of Certificates

23.8 Section 48 of the 1968 Act provides thata constable may demand from any personbelieved to be in possession of a firearm orammunition to which section 1 of the 1968Act applies, or of a shot gun, the productionof their firearm certificate, or, as the casemay be, their shot gun certificate. Section48(2) of the 1968 Act provides a power toseize weapons and ammunition in cases ofnon-compliance.

Arrest

23.9 Section 50 of the 1968 Act has beenrepealed, in respect of England and Wales,and section 25 of the Police and CriminalEvidence Act 1984 now applies (althoughnot in Scotland). This section provides thatwhere a constable has reasonable groundsfor suspecting that any offence which is anarrestable offence has been committed orattempted, or is being committed orattempted, they may arrest the relevantperson if it appears to them that service of asummons is impracticable or inappropriatebecause any of the general arrest conditionsset out in that section is satisfied. “Arrestableoffence” is defined in section 24 of the 1984Act.

23.10 Section 50 of the 1968 Act, however,still applies in Scotland and empowers aconstable to arrest without warrant:

a) any person found on premises which theyare searching under authority of a warrantunder section 46 of the 1968 Act andwhom they have reason to believe to beguilty of an offence relevant for thepurposes of that section;

b) any person who they suspect ofcommitting an offence under sections 19,20, 21, or 47(2) of the 1968 Act (and theymay enter any place for the purpose); and

c) any person who refuses to declare theirname and address when required to do sounder section 48(2) of the 1968 Act, orwhom they in such a case suspect ofgiving a false name and address or ofintending to abscond.

Time for commencing summaryproceedings

23.11 Section 51(4) of the 1968 Act providesthat, notwithstanding section 127 of theMagistrates Courts Act 1980 or section 136in the Criminal Procedure (Scotland) Act1995, summary proceedings for any offenceunder the Act (except section 22(3) of the1968 Act, or any offence relating specificallyto air weapons) may be instituted at any timewithin four years after the commission of theoffence.

23.12 It should be noted though that noproceedings shall be instituted in Englandand Wales six months after the date of theoffence, unless they are instituted by, orunder the direction of, the Director ofPublic Prosecutions. Such cases requiringthe consent of the Director of PublicProsecutions should be referred to the localCrown Prosecution Service Office (undersection 1(6) of the Prosecution of OffencesAct 1985 a Crown Prosecutor has all thesame powers of the Director as to theinstitution of proceedings). The provision willbe found useful in cases in which offencesunder the Act of a comparatively seriousnature do not come to light until some timeafterwards, for example, at the time that afirearm certificate falls due for renewal.

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Forfeiture and disposal of firearmsand cancellation of certificates by aconvicting Court

23.13 Section 52 of the 1968 Act sets out thecircumstances in which, on conviction, aCourt may order the forfeiture and disposalof firearms and ammunition and cancelfirearm or shot gun certificates. Power isgiven to a constable to seize and detain anyfirearm or ammunition that may be thesubject of an order for forfeiture. In theevent of a cancellation of a certificate, thecourt must notify the chief officer of policewho granted the certificate. The chief officermust then, by notice in writing, require theholder to surrender the certificate, and theholder must surrender the certificate within21 days therefrom. No order can be made onthe conviction of a person for an offenceunder the Schedule of the 1988 Actconcerning museum licences for the forfeitureof any firearm and ammunition in theirpossession in their capacity as a museumemployee (section 25(5) of the 1988 Act).

Counting Rules for Recorded Crime

23.14 In April 1998 the Home Officeproduced a new set of rules for recordingcrime. They included a number of firearmsoffences for the first time. Full details can befound in the operational version of the HomeOffice instruction booklet.

23.15 There are three principal areas affectingfirearms licensing:-

a) Possessing etc. firearms or ammunitionwithout a certificate;

b) Possessing etc. shot gun without acertificate; and

c) Failure to give notice in writing to thechief officer of police of transfersinvolving firearms.

23.16 Where offences (a) and (b) arecommitted, often when a certificate expiresand has not been renewed, a crime reportmust be completed:-

a) the day following the expiry of thecertificate; or

b) when the offence is substantiated, that iswhen the certificate holder is visited by theEnquiry Officer to carry out routinerenewal enquiries and it is established thatthe applicant was in unlawful possession ofthe firearms and/or ammunition after theexpiry date. This option is considered themost appropriate.



24.1 Proof is the compulsory testing of everyfirearm to ensure its safety before it is firstoffered for sale. It includes all explosiveoperated small arms, whether for present useor future invention adapted for the dischargeof shot, bullet or other projectile. It includespistols, revolvers, shot guns, rifles, cattlekillers, line throwers, signal pistols, alarmguns and nail driving and other industrialtools. Air weapons are not included. Firearmbarrels adapted to discharge a ball of agreater weight than one pound and threequarters, or a barrel of a bore exceeding 2inches, are not included. Similarly, militaryarms manufactured for HM Forces are not,whilst still owned by the Crown, subject toproof. Reproof is the similar testing of afirearm that may have fallen below standardbecause of alteration. This is a complex areaand chief officers of police will want toconsider seeking guidance from qualifiedgunsmiths or the proof houses mentionedbelow when dealing with issues around proof.The proof houses can also carry out safetytests on items not subject to proof, such ascannon barrels.

24.2 There are two proof houses:

Birmingham London Proof House Proof HouseBanbury Road 48 Commercial RoadBirmingham LondonB5 5RH E1 1LP

24.3 The proving of firearms is governed bythe Gun Barrel Proof Acts of 1868, 1950 and1978. Under these Acts it is:

a) an offence to sell, exchange, expose orkeep for sale, or export, or keep forexportation, or to attempt to sell, exchangeor export, or to pawn or pledge, or

attempt to pawn or pledge, or to takein pawn or pledge, an arm, the barrels ofwhich are not duly proved and markedas proved;

b) an offence to import into the UnitedKingdom small arms, the barrels of whichare not duly proved and marked as proved,without giving notice in writing withinseven days after their arrival to the ProofMasters of the Birmingham and LondonProof Houses;

c) an offence to omit to send such importedarms, within twenty-eight days of theirarrival in the United Kingdom, to beproved at either the London orBirmingham Proof House. This does notapply to any small arm imported by anyperson for their own personal use whilst itis in their possession. In such a case, theproof is the responsibility of the possessor.

24.4 For each offence committed, everyperson shall be liable on summary convictionto a fine. If it should come to notice thatfirearms which do not bear recognised proofmarks are being dealt with in any way, thefact should be communicated to the ProofMaster at one of the addresses above.

24.5 It should be noted that the word“barrel” includes the breech and action orany part of the arm in, from or throughwhich all or any part of the charge wouldbe fired. Illustrations of all the proof marksthat are at present recognised in the UnitedKingdom may be obtained from either of theproof houses listed above. They can alsoprovide a small booklet (“Notes on the proofof shot guns and other small arms”), at anominal cost. This covers the law andprocedure of proof, and provides examplesof a broad range of proof marks.

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24.6 Schedule 1 of the Gun Barrel ProofAct 1978 provides for the registration at theProof Houses of Birmingham and London ofthe proof marks of a foreign state which hasa public proof house established by law andrecognised by the Permanent InternationalCommission for the Proof of Small Arms(CIP).

24.7 Schedule 1 of the 1978 Act alsoprovides that barrels bearing duly registeredproof marks of a foreign state shall beexempt from the liability to prove. If thebarrel is altered by any means except userwear and tear so that it no longer representsthe proof to which it would be subject in theofficial proof house of the state in question,it shall cease to be exempt.


Chapter 24PROOF OF FIREARMS

25.1 This Chapter offers definitions of bothsurrender and disposal, and provides generaladvice to chief officers of police on how todeal with firearms and ammunition that arehanded over to them. It then goes on to lookat how to handle the receipt of antiques andfirearms of particular interest.

Definitions

25.2 No obstacle should be placed in the wayof a person who wants to surrender firearmsor ammunition to the police. Surrender mightsuggest illegal possession. Persons anxious todispose of firearms and ammunition should beallowed to hand them in at a police station,although disposal through a dealer might alsobe considered. Disposal might suggestunwanted/unusable firearms held oncertificate.

General advice on receipt of firearmsor ammunition

25.3 Where any firearm is handed to thepolice, the first priority is to ensure that it isnot loaded. At no time should the gun bepointed in a direction where it might causedeath, injury or damage if it were todischarge. If in any doubt, the advice ofcolleagues experienced in the handling offirearms should be sought. Whatever theindividual circumstances, a receipt shouldbe given and the occurrence recorded as“surrender of firearms and/or ammunition”.Subject to paragraph 25.5 below, a disclaimershould be signed if at all possible to facilitatelawful disposal. Care should be taken toensure that the wishes of the person handingover the items are fully understood (seeparagraphs below). Where guns are takeninto the care of the police but remain theproperty of a certificate or permit holder, it

is important that they are so stored that nodamage can be caused to them and they arenot destroyed without the consent of theowner. In such case, adequate records mustbe kept with regard to their safe-keeping.

25.4 Different considerations must necessarilyapply to those cases when a person wishes tosurrender a weapon in respect of which theydo not have any lawful authority to possess.It is often the case that weapons may be heldby people in ignorance of their illegality; theymay be kept in homes where they have beenoverlooked or forgotten; or may have comeinto possession of their present ownersthrough the death of relatives.

25.5 Anyone surrendering an illegally heldfirearm should be questioned discreetly witha view to establishing its history but, unlesscircumstances exist to give serious cause forconcern as to its provenance (for example,if it appears to have been stolen), theperson handing it in should not be pressed.The emphasis should be on creating anenvironment in which people hand in illegallyheld firearms.

25.6 Where it appears, for example, that aperson who has inherited a firearm or shotgun wishes to retain it lawfully as a certificateholder or to arrange for its sale, it would beappropriate to consider whether the personconcerned should be granted a firearm orshot gun certificate or issued with a permitunder section 7 of the 1968 Act in order toregularise their position. In any instance,however, when it is believed that a seriousoffence involving a surrendered gun has beencommitted, normal police procedures shouldbe followed and such enquiries as arenecessary should be carried out in the usualway. Any decision to prosecute will be a

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matter for the discretion of the chief officerof police and the Crown Prosecution Serviceor Procurators Fiscal.

Antiques

25.7 If any firearm is handed in to whichsection 58(2) of the 1968 Act appears toapply (that is, it appears to be an antique), itshould not be refused by the police, but theperson wishing to dispose of it should beinformed of its status as an antique under thefirearms legislation and be allowed to keep itif they wish. It will be open to that personto consider retaining the antique firearmor obtaining an estimate of its value anddisposing of it through the trade or possiblyto a museum or reputable collection. If anyantique firearm is retained, the chief officerof police should consider offering it to amuseum.

Firearms of particular interest

25.8 Similarly, if a firearm is handed in by afirearm or shot gun certificate holder, whichappears to be of particular interest andworthy of preservation, even though it is notan antique, it should be confirmed that theperson wishing to dispose of it is aware ofthis possibility in case they wish to consideran alternative method of disposal. They may,for example, prefer to dispose of the firearmthrough a dealer, or agree to hand it over toa reputable collection. If the owner, havingconsidered these alternatives, decides to handit in to the police, the chief officer of policeshould consider offering the firearm to amuseum. If it appears that a firearm may beof value, then the owner should be advisedof this, and sufficient opportunity should beafforded to allow them to have the firearmproperly valued and disposed of through adealer (it may be appropriate to issue asection 7 permit in such circumstances).

25.9 Occasionally, handguns covered bysection 5(1)(aba) of the 1968 Act will turn upin deceased effects, possibly legally heldunder the exemptions provided by the 1997Act. At other times they may have beenillegally held. Either way, the police shouldimmediately take the guns into their care,with legally held items being transferred to asection 5 registered firearms dealer or otherauthorised recipient.

25.10 Many museums, the Ministry ofDefence and the Forensic Science Servicehave an interest in certain types of firearms,for example, for Court demonstrationpurposes, and chief officers of police shouldco-operate, in cases where no owner exists orcan be traced, by not destroying a firearm ofan unusual type until the staff of theseauthorities have had an opportunity toexamine it. They will make arrangementsdirect with police forces to inspect firearmsand those of interest may be handed over toan official against receipt.

25.11 All other firearms and ammunition notretained for police purposes should berecorded and destroyed.


Chapter 25SURRENDER AND DISPOSAL OF FIREARMS AND AMMUNITION

26.1 Section 60(3) of the 1968 Act providesthat the Act shall not extend to NorthernIreland, where the possession and use offirearms is subject to separate legislation. ThisChapter provides some information about thedifferences and similarities between firearmscontrols in Northern Ireland and GreatBritain. It also offers more detailedinformation about the movement of firearmsand ammunition from England, Wales andScotland to Northern Ireland.

General

26.2 In Northern Ireland, unlike in GreatBritain, all firearms, including shot guns, airweapons and de-activated guns are subject tofirearm certificate control and it is illegal forany person under the age of sixteen to be inpossession of a firearm. It should be notedthat small firearms are not prohibited inNorthern Ireland.

Firearm Certificates

26.3 The definition of “firearm certificate” insection 57(4) of the 1968 Act specificallyincludes a firearm certificate granted inNorthern Ireland. A firearm certificate issuedin Northern Ireland is thus valid in GreatBritain and, if the holder of such a certificatetakes up residence in Great Britain, thecertificate may be varied or revoked and theconditions subject to which it is held may bevaried as if it were a certificate granted inGreat Britain.

26.4 Section 15 of the 1968 Act provides thata person holding a firearm certificate issuedin Northern Ireland authorising them topossess a shot gun is exempt from theprovision in section 2(1) of the 1968 Act

which makes it an offence to possess,purchase or acquire a shot gun without acertificate.

26.5 The period of validity of a firearmcertificate issued in Northern Ireland is threeyears as opposed to the five years elsewherein the United Kingdom. The proviso tosection 26(3) of the 1968 Act provides that,subject to the power of a chief officer ofpolice in Great Britain to renew for a periodof five years, a certificate granted or lastrenewed in Northern Ireland shall notcontinue in force for a longer period thanthat for which it was so granted or lastrenewed. On expiry the holder should applyfor a certificate to be granted by the chiefofficer of police in the area where theyreside.

Registered Firearms Dealers

26.6 The definition of “registered” in section57(4) of the 1968 Act in relation to afirearms dealer also covers a firearms dealerregistered in Northern Ireland. The provisionsas to registered firearms dealers in sections3(1) to (5), 4(2) to (4), 8(1) and (2), 42 and45 of the 1968 Act and sections 4, 6, 7(3),13 and 18(2) to (5) of the 1988 Act apply topersons registered as firearms dealers inNorthern Ireland, and section 34(1) of the1968 Act prohibits the registration in GreatBritain of a person who has been prohibitedfrom being registered by order of a court inNorthern Ireland.

Sale, repair, test, proof, hire,gift or loan

26.7 It should be noted that the prohibitionsin section 3(2) and 3(3) of the 1968 Act andsection 35 of the 1997 Act with regard tosales etc. of firearms and ammunition, apply

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not only to transactions with persons inGreat Britain but also to transactions withpersons in Northern Ireland. However, theadditional requirements of sections 32, 33 and34 of the 1997 Act, section 32 specificallyrequires that transfers take place in person,are Great Britain limited.

Taking firearms from Great Britainto Northern Ireland

26.8 The holder of either a firearm or shotgun certificate granted in England, Wales orScotland who wishes to take a related firearminto Northern Ireland is required to providethe Chief Constable of the Police Service ofNorthern Ireland with such particulars of thefirearm and ammunition as they may require.They must also obtain from the ChiefConstable of the Police Service of NorthernIreland a Certificate of Approval.

26.9 Firearms (including air weapons) mayonly be taken into, possessed or used inNorthern Ireland in accordance with anycondition imposed on the Certificate ofApproval. Certificate of Approval applicationforms are obtainable from the ChiefConstable, Police Service of Northern Ireland,Firearms Licensing and Explosives Branch,Lisnasharragh, 42 Montgomery Road, BelfastBT6 9LD (028 9065 0222). Application fora Certificate of Approval must be made notless than one month before the proposeddate of arrival in Northern Ireland. No feeis payable for a Certificate of Approval.

26.10 The documents required and theprocedures to be followed in cases offirearms (including air weapons) taken intoNorthern Ireland by persons resident inGreat Britain are set out in Appendix 8.

Removing firearms from Great Britainto Northern Ireland

26.11 The procedures set out in the Firearms(Removal to Northern Ireland) Order 1990and outlined in Appendices 9 and 10 areintended to ensure that firearms andammunition to which section 1 of the1968 Act applies cannot be removed fromGreat Britain to Northern Ireland withoutauthorisation from the chief officer of policefor the area from which they are to beremoved. In addition, such removal isprohibited unless authorisation is obtainedfrom the Chief Constable of the PoliceService of Northern Ireland. The removalmust also comply with any conditions as maybe imposed by the chief officer in questionor by the Chief Constable of the PoliceService in Northern Ireland.

26.12 The procedures do not apply to theremoval of a shot gun, or ammunition for ashot gun, for a person’s own use for sportingpurposes, nor do they prohibit the holder ofa firearm certificate from carrying with themany firearm or ammunition authorised to beso carried.

26.13 Applications are most likely to be madeby firearms dealers but may also be made byindividual certificate holders (who, forexample, wish to transfer firearms andammunition to certificate holders or dealersin Northern Ireland). Applications may alsobe received from carriers or warehousemenacting on behalf of a person in NorthernIreland who has ordered from abroad afirearm or ammunition that has entered theUnited Kingdom at a port in Great Britain.


Chapter 26NORTHERN IRELAND

27.1 This Chapter sets out the legislativeauthority for the issue of visitors’ permits,and then provides guidance to chief officersof police on the requirements that need to bemet for an application to be successful. Italso looks in some detail at the conditionsthat can be added to permits, their variationand the controls on visitor shot gun permitholders buying shot guns.

Legislative provisions

27.2 Under section 17 of the 1988 Act,visitors to Great Britain may, if they aregranted the appropriate permit, have in theirpossession firearms, shot guns or ammunitionwithout holding a certificate. Specifically, theymay have:

a) a visitor’s firearm permit which allowsthem to have in their possession anyfirearm, and purchase, acquire or have intheir possession any ammunition, to whichsection 1 of the 1968 Act applies;

b) a visitor’s shot gun permit which allowsthem to have in their possession,purchase or acquire shot guns (subjectto the restrictions on purchase andacquisition of shot guns with a magazine(see 27.20-27.25 below)). By virtue ofsection 5(2)(b) of the 1988 Act, they areexempt from the requirement to producea shot gun certificate when purchasingammunition.

27.3 A visitors’ shot gun permit is valid foruse throughout Great Britain for a period ofup to 12 months, and a visitors’ firearmpermit is also similarly valid subject to anyterritorial condition as to where the firearmmay be used (a separate permit for each forcearea is not required in either case). While it isexpected that the permit should only be validfor the duration of the particular visit, there

might be circumstances where the police feelable to issue a pass for a longer period (andthis need not be for the full 12 months).A decision will need to be taken to reflectthe circumstances of each application, takingaccount of evidence of planned, future visitsand the visitor’s history and character,perhaps on previous shooting trips tothis country.

27.4 Visitors from other European Union(EU) states must be in possession of aEuropean Firearms Pass (EFP) in order to beissued with a visitors’ firearm or shot gunpermit (see Chapter 29 for more informationabout these passes). However, an EFP neednot be produced if (see also paragraph 29.20):

a) the prospective visitor is precluded byreason of residence or other circumstancefrom being granted an EFP by anotherEU state; or

b) they are a recognised EU collector andthe permit is required exclusively inconnection with the recognised activities.

Application

27.5 Applications for a visitors’ firearm orshot gun permit will be made by a sponsorto the chief officer of police for the area inwhich the sponsor resides on the prescribedform of application (form 107) and, in thecase of visitors from other EU states, mustbe accompanied (but see paragraph 29.20) bythe visitor’s EFP (section 7(1) of the 1992Regulations requires the original to be sent toallow the document to be endorsed). In suchcases, chief officers should aim to ensure thatthe application is dealt with as quickly aspossible so allowing the original EFP to bereturned to the applicant as soon as possible.The sponsor may be a private individual,or may make the application as the

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representative of, for example, a club,shooting syndicate, country estate or nationalshooting organisation. Where the sponsoris a private individual or represents a localshooting organisation, the usual checksshould be made as to their bona fides inthe same way as for a certificate applicant.Although in most cases private sponsors willthemselves be firearm or shot gun certificateholders, this need not necessarily be the case.Particular attention will need to be paid tosecurity arrangements.

27.6 Section 17(7) of the 1988 Act providesfor a group application to be made for up totwenty permits for persons specified in theapplication. In addition to fulfilling thecriteria outlined in paragraphs 27.8 and 27.9,the chief officer of police must be satisfiedthat the persons specified in such anapplication are genuinely part of a group whopropose to use the firearms in question eitherfor sporting purposes on the same privatepremises during the same period, or toparticipate in the same competition or event,or series of competitions or events. Wheresix or more permits are issued on the basisof a group application, a reduced fee ispayable.

Consideration of application

27.7 The criteria for the grant of a visitors’permit are set out in sections 17(2) and (3) ofthe 1988 Act.

27.8 Chief officers of police must not grant apermit to any person in respect of whomthey have reason to believe:

a) that their possession of the weapons orammunition in question would represent adanger to the public safety or to thepeace; or

b) that they are prohibited by the 1968 Actfrom possessing them (for example, aperson to whom section 21 of the 1968Act applies). Convictions outside of theUK do not count towards this statutoryprohibition but might be relevant to (a).

27.9 If the grant of a permit is not precludedon the above grounds, chief officers of policemust satisfy themselves that:

a) the applicant is visiting or intends to visitGreat Britain; and either

b) in the case of a visitor’s firearm permit,the applicant has a good reason forhaving each firearm and the ammunitionto which the permit relates in theirpossession, or, as respects ammunition,for purchasing or acquiring it, while theyare a visitor to Great Britain; or

c) in the case of a visitor’s shot gun permit,that the applicant has a good reasonfor having each shot gun to which thepermit relates in their possession, or forpurchasing or acquiring it, while they area visitor to Great Britain (and where theapplicant wishes to purchase or acquirea shot gun with a magazine, that theysatisfy the criteria listed at 27.20-27.25below).

27.10 The information required to reach adecision on an application will be supplied bythe sponsor, to whom all enquiries shouldbe directed. Generally, it will be neitherpracticable nor appropriate to make detailedenquiries into a visitor’s fitness to hold aweapon. It will normally be sufficient to seea copy of any current firearm certificate,hunting licence or membership card of ashooting organisation issued to an applicant intheir own country. The original EFP must besubmitted if the visitor is resident in anotherEU state. The verification by the sponsor ofthe event, if any, to be attended will normallyenable the chief officer of police to besatisfied as to the applicant’s good reason.

27.11 Applicants who wish to purchase ashot gun should similarly be able to providea good reason for the purchase or acquisitionof each gun, for example evidence of theevent or events at which it is to be used.Application to purchase a shot gun should bemade on the original application for a permit,using the space provided on the form.Applicants who wish to purchase a shot gunbut who do not intend to use it in GreatBritain should be directed to take advantageof section 18 of the 1988 Act. This provisionallows persons to purchase a firearm from aregistered firearms dealer if that person hasnot been in Great Britain for more than 30days in total in the preceding 12 months andthe firearm is purchased for the purpose only

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of being exported without first coming intothat person’s possession. If a person wishesto purchase a shot gun and take it with themfrom Great Britain they will need to obtain avisitor’s shot gun permit.

Permit conditions

27.12 Under section 17(4) of the 1988 Actthe chief officer of police has the power toattach conditions to a visitors’ permit. Undersection 17(5), the chief officer has the powerto vary, by a notice in writing, any conditionof the permit. However, there is no power toimpose or vary a condition so as to restrictthe premises where a shot gun may be used.

27.13 In considering what sort of conditionsshould be attached, it is necessary to haveregard to both the purpose and the proposedduration of the visit. Chief officers of policewill want to consider the following:

a) It is recommended that all permits shouldcontain conditions (i) to (v) set out inAppendix 11. However, it is importantthat all cases are considered on theirmerits with additional conditions addedas appropriate (see below). A permit maybe valid for up to twelve months, butthe validity should normally relate tothe duration of the proposed visit(but see paragraph 27.3);

b) Where an applicant for a visitor’s firearmpermit is coming to shoot in a particularcompetition or event, the permit shouldnormally make reference to the specificcompetition(s) or event(s) in respect ofwhich it has been granted as in condition(vi). Where, however, the permit is soughtfor other sporting purposes such asdeerstalking, game shooting or wildfowling, the type of condition willnecessarily be dependent upon thelocations specified by the sponsor inthe application;

c) Where the permit is required for one ormore specified locations (these may insome cases be in other force areas)condition (vii) in Appendix 11 wouldbe appropriate;

d) Where the circumstances of theapplication merit a more open approach,condition (viii) should be imposed;

e) Where a visitor also wishes to purchase ashot gun or shot guns for shooting inGreat Britain, condition (ix) should beimposed to require the permit holder tonotify details of purchase to the policeand to enter the details of each such shotgun in the appropriate part of the permit.

27.14 A visitors’ firearm permit must specifythe number and description of the firearmsto which it relates, including theiridentification numbers, and give details of thequantities of ammunition authorised to bepurchased or acquired, and to be held at anyone time. A visitors’ shot gun permit mustspecify the number and description of theshot guns to which it relates, including, ifknown, their identification numbers.

Variation of conditions

27.15 Section 17(5) of the 1988 Actempowers the chief officer of police to varythe conditions attached to a permit. A requestfor variation, which must be made on a newapplication form, will most usually occurwhere a visitor has subsequently been invitedto participate in some other competition orevent. In such circumstances a variation maynormally be granted on confirmation of theevent to be attended, provided that there hasbeen no material change in the applicant’scircumstances and that they still qualify underparagraphs 27.8 and 27.9 above. If the eventis to take place after the expiry date of theexisting permit, it will be necessary for a freshapplication for a new permit to be made.

Processing late applications

27.16 Applications should be made at leastsix weeks prior to arrival in the UK.Inevitably, some applications will be madeclose to the date on which the applicantwishes to come to this country, eitherbecause of a last-minute invitation to shoot,because of illness or a change in family orbusiness circumstances or as a late additionor change to a group application. In suchcases, every effort should be made to processthe application in time. Similarly, it may benecessary to issue amended permits at shortnotice to cater for unavoidable last-minutechanges to guns (for example because of

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breakage) which visitors are authorised tobring with them (see also paragraph 27.15).

Notification of refusal

27.17 There is no right of appeal against arefusal to grant a visitors’ permit. Notificationof refusal, giving the reasons for the decision,should be sent by letter to the sponsor.Where a refusal is issued it is particularlyimportant that notification should be sent ingood time, in order to avoid the applicantincurring unnecessary travel costs.

Dispatch of permits

27.18 The completed permit should be sentto the sponsor who will forward it to thevisitor in their country of origin forpresentation to HM Customs and Excise onarrival in this country. The visitors’ permitwill be accepted in lieu of a Department ofTrade and Industry import licence. A visitormust carry their permit with them on leavingthe country for presentation to HM Customsand Excise at the point of departure. Anexport licence would only be required foronward destinations not covered by thefirearms personal effects exception in theExport of Goods (Control) Order (EG(C)O),that is those countries subject to armsembargoes. In some cases, the permit will bevalid for further visits. EU visitors need notdeclare their firearms to HM Customs andExcise on arrival from, or departure to,another Member State, but must producetheir EFP, in which details of their visitor’spermit have been entered, to a HM CustomsOfficer if asked to do so. Failure to producethe Permit or the EFP would render thegoods liable to detention or seizure.

Diplomats and royal visitors

27.19 Members of the Diplomatic Corps inLondon are not visitors and the normalconsiderations for the grant of a firearm orshot gun certificate apply (see also paragraph10.29). Visiting diplomats and foreigndignitaries are, however, eligible for the grantof visitors’ permits subject to the normalrequirements of section 17 of the 1988 Actbeing met.

Controls on visitors’ permit holdersbuying shot guns in Great Britain

27.20 Section 17(1A) of the 1988 Actcontains restrictions on the purchase andacquisition of certain shot guns by the holderof a visitor’s shot gun permit. The restrictionsonly apply to transactions involving shot gunswith a magazine. Single-shot shot guns arenot subject to these restrictions. A single-shotshot gun means any shot gun which can fireonly one shot from each barrel withoutreloading. Single-barrelled single-shot shotguns, double-barrelled shot guns and multi-barrelled shot guns which have no magazinefall within this definition. A shot gun with amagazine means a shot gun which has a non-detachable magazine incapable of holdingmore than two shots, in accordance withsection 1(3)(a) of the 1968 Act (as amended).

27.21 The purpose of this provision is toensure that no visitor can purchase or acquirea shot gun with a magazine in Great Britainto take to another EU state without holdinga DTI licence to remove the gun from GreatBritain to that other state. It is also to ensurethat the authorities in the visitor’s own stateof residence are informed of the purchase oracquisition.

27.22 A visitors’ shot gun permit shall notauthorise the purchase or acquisition of ashot gun with a magazine unless one of fourrequirements are met, namely that:-

a) the permit holder has a licence issued bythe DTI to remove the gun from GreatBritain; or

b) the gun will be exported outside the EUwithout being first taken to another EUstate; or

c) the terms of acquisition restrict thepermit holder’s possession of the gun tothe whole or part of their stay in GreatBritain and prevent its removal fromGreat Britain; or

d) the gun is purchased or acquired by arecognised EU collector and the gun isacquired exclusively in connection withthe recognised activities of suchcollectors.

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27.23 The onus is on permit holders to showvendors or transferors that they satisfy one ofthe four requirements. If none of therequirements are met, and the transactiontakes place, permit holders will be committingan offence under section 2 of the 1968 Actand the vendors or transferors an offenceunder section 3(2) of the 1968 Act.

27.24 Any transaction with a permit holderwho cannot show that they reside outside theEU, and in respect of which sub-paragraph(a) or (b) above applies, must be notified tothe chief officer of police who issued thevisitors’ shot gun permit. The notice oftransaction must be sent within 48 hours ofthe transaction by recorded or special deliveryand must contain a description of the shotgun (including the identification number ifany). It must also state the nature of thetransaction (giving the permit holder’s nameand address in their state of residence andthe number and place of issue of theirpassport if any) and the particulars of anylicence issued by the DTI authorising theremoval of the shot gun from Great Britain.

27.25 The notifications received by chiefofficers of police must be passed immediatelyto the Home Office for transmission to thepermit holder’s state of residence via theWeapons Information Exchange System.



28.1 This Chapter provides information aboutimport and export licensing requirements forfirearms and ammunition. Details are providedfor both transfers between European Union(EU) nations and to and from the UnitedKingdom and non-EU countries. Theacronym EC is used in this Chapter onlywhere it relates to specific Directives or formsthat make use of the term.

Contact points

28.2 The Department of Trade and Industry(DTI) are responsible for these arrangementsand enquiries should be passed to whicheverof the two contacts below is most relevant:

Imports Import Licensing Branch DTIQueensway House, West PrecinctBillingham TS23 2NFTel: 01642 364351Fax: 01642 364269E-mail: [email protected]

ExportsExport Control OrganisationDTI4 Abbey Orchard StreetLondon SW1P 2HTTel: 020 7215 8070Fax: 020 7215 0558Email: [email protected]

Transfers to and from other EuropeanUnion (EU) nations

28.3 The Weapons Directive 91/477/EECintroduced harmonised communityarrangements for licensing firearmsmovements between EU Member States.Similar provisions for ammunition wereintroduced by the Explosives Directive

(93/15/EEC). To move firearms andammunition from one EU Member State toanother, a licence (a transfer licence) must beobtained from the EU Member State inwhich the firearms or ammunition aresituated. EU Member States can insist thatcertain types of firearms are not transferredto their territory without their prioragreement.

28.4 These arrangements apply to all transfersof firearms covered by the above mentionedDirective including commercial consignments,mail order sales or where an individual buysor permanently acquires a firearm in anotherEU Member State and wants to bring it backto their State of residence. They do notapply where individuals take their firearmstemporarily to another EU State on the basisof a European Firearms Pass, for example fora shooting trip or competition. Residents of aMember State other than the UK also requirea British visitors’ permit.

28.5 Third country (non-EU) import andexport licensing arrangements apply tocommercial transactions in weapons of war,and to those weapons which are controlledunder the Firearms Acts but which do notfall within the Directive’s definition offirearms, for example stun guns, CS gascanisters.

28.6 Detailed arrangements for import andexport of firearms and ammunition are asfollows:

Imports from other EU nations

28.7 An import licence issued by theDepartment of Trade and Industry is notrequired for firearms, shot guns, componentparts and ammunition falling to section 1 andsection 2 of the 1968 Act entering the UK

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from other EU States either on a commercialor private basis. Instead transfers of section 1firearms and shot guns from another EUState to the UK are lawful only if all thefollowing requirements are met:

i) a licence authorising the transfer of thefirearms to the UK has been issued tothe transferor by the EU state fromwhich the firearms are transferred; and

ii) the licence (or a document referring to it)accompanies the firearms at all times untilthey reach their destination in the UKand can be produced on demand to aconstable or an officer of HM Customsand Excise; and

iii) the UK transferee of the firearms isauthorised under the 1968 Act to possessthe firearms in question, that is aregistered firearms dealer, or firearm orshot gun certificate holder (unless exemptfrom the need to hold a certificate).

28.8 The licence referred to in (i) above maybe either a specific licence issued by the EUState from which the firearms are transferredor an open licence granted by that State to afirearms dealer. An open licence is acceptableonly if the UK transferee of the firearms is aregistered firearms dealer. In the case of atransfer by a registered firearms dealer underan open licence, the document which mustaccompany the consignment to another EUState (that is the document corresponding tothat referred to in (ii) above) should be adeclaration by the dealer giving details oftheir open licence, the transferee, and thefirearms in the consignment.

28.9 The UK has advised other EU Statesthat the UK’s prior consent is requiredbefore a licence can be issued authorisingthe transfer of any weapons or ammunitionprohibited under section 5 of the 1968 Act,and covered by Categories A to C of theDirective, to UK territory. UK prior consentis given in the form of an import licenceissued by DTI. The DTI prior consent mustbe obtained by the prospective UK transfereeof the consignment and will specify the typeand number of prohibited weapons orammunition that may be transferred to theUK under it. Applications should be made to

the DTI in accordance with the instructionsin this Chapter.

28.10 Prohibited weapons can therefore onlylawfully enter the UK from EU States if;

i) the three requirements detailed above arecomplied with; and

ii) an appropriate prior consent importlicence has been granted by the DTI tothe UK transferee. Small firearms(handguns) became prohibited weaponsas a result of the 1997 Acts. Priorconsent is not, however, required forhandguns imported directly into NorthernIreland and the Isle of Man. However, ifany part of the journey is through GreatBritain this can only be conducted by acarrier authorised to carry prohibitedfirearms under section 5 of the 1968 Act.

28.11 The above licensing requirementsapply where an individual brings in a firearmprivately from an EU State, for exampleby mail order or as part of their personalpossessions, if the firearm has been newlypurchased or acquired elsewhere in the EU.

Exports to other EU nations

28.12 Export licences (open or specific) areissued by the DTI. An open licence can begranted to a dealer, valid for up to threeyears, allowing them to transfer firearms todealers in other EU States without needing aspecific licence for each consignment. But ifthe firearms are of a type for which thereceiving EU State has indicated that its priorconsent is required this must be obtainedbefore they are transferred and before aspecific licence can be issued. The openlicence can only be used where both partiesto the transaction are firearms dealers. Wherea specific licence is issued it must accompanythe consignment at all times. Consignmentsmade under open licence must beaccompanied by a document (EC5) givingdetails of the licence, the transferee, andthe firearms.

28.13 Any visitor who, by virtue of holding avisitors’ shot gun permit, purchases a shotgun in Great Britain to take back to anotherEU State must obtain a transfer licence

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before removing the gun from the UK(assuming that the exceptions in the Exportof Goods (Control) Order (EG(C)O do notapply). Where the shot gun has a magazine,the licence must be obtained before thepurchase is made.

28.14 Particularly valuable firearms over 50years old will often require an individualexport licence to travel to any destination(both EU and non-EU nations). The criteriaare set out below. Less valuable firearms over50 years old can be moved under the termsof an open licence. Firearms that alwaysrequire an individual export licence are those:

a) between 50 and 100 years old that arevalued at £39,600 or more;

b) over 100 years old that are valued at£20,000 or more.

28.15 Applications for individual exportlicences for these older firearms areconsidered by the Department of Culture,Media and Sport (see Appendix 1). If afirearm has been imported into the UK inthe last 50 years, and proof of this isincluded with the export licence application,the licence is normally granted. All exportlicence applications for firearms which havenot been imported into the UK in the last 50years, are referred to an Expert Adviser whowould then consider the application under the"Waverley Criteria", before deciding whetheran export licence should be granted. Alicence for a firearm will be objected to, andreferred to the Reviewing Committee on theExport of Works of Art, if it is considered tomeet one or more of the “Waverley Criteria”.

Weapons Information ExchangeSystem (WIES)

28.16 EU licensing arrangements aresupplemented by the WIES (see Chapter 29).Each time a transfer of firearms and/orammunition takes place under a transferlicence, full details of the transfer must benotified via the WIES, both to the EU Stateto which the consignment is being transferredand to any EU State(s) through which it willpass in transit, by the EU State which issuesthe licence.

28.17 In the case of transfers under the open“dealer to dealer” system the dealertransferring the firearms/ammunition mustdeclare this to their own designated nationalauthority each time a consignment istransferred to another EU State. The nationalauthority must then transmit this informationto any EU States of transit, and to the EUState of destination, using a formcorresponding to WIES 3.

28.18 Any notifications received aboutcommercial movements of firearms to, orthrough, the UK will be passed by theHome Office to HM Customs & Excise.Those relating to the transfer offirearms/ammunition to a private individualin the UK will be passed to both HMCustoms and Excise and to the policeforce in which that individual resides.

Transfers to or from the UnitedKingdom and a non-European Union(EU) nation

28.19 Detailed arrangements for the importand export of firearms and ammunition areas follows:

Imports from non-EU nations

28.20 The following items are subject to DTIimport licensing requirements if consignedfrom outside of the EU or from the ChannelIslands:

i) lethal firearms, including any lethalbarrelled weapon of any description fromwhich any shot, bullet or other missilecan be discharged and other weapons ofwhatever description designed or adaptedfor the discharge of any noxious liquid,gas or other thing;

ii) component parts (other than wooden gunstocks) of any such firearms or otherweapons and any accessory to any suchfirearm or other weapon designed oradapted to diminish the noise or flashcaused by firing the weapon;

iii) ammunition including grenades, bombs,and other like missiles, and anyammunition containing or designed oradapted to contain any noxious liquid,gas or other thing.

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28.21 The above include firearms which areserviceable and those which are not, replicafirearms capable of being fired or which canbe readily converted so that they are capableof being fired, gas pistols, aerosol gas spraysand similar weapons.

28.22 Normally, no import licence is requiredto import the following but from time totime such goods may be subject to licensingcontrol:

i) cartridges for smooth-bore gunscontaining five or more shot, none ofwhich exceeds 0.36 inch (9 mm) indiameter;

ii) blank cartridges not exceeding one inch(25.4 mm) in diameter;

iii) air weapons or weapons powered bycompressed carbon dioxide not declaredto be “specially dangerous” under theFirearms (Dangerous Air Weapons)Rules 1969;

iv) ammunition for air guns, air rifles orair pistols;

v) articles more than one hundred years old;vi) any item not classified to Chapter 93 of

the HM Customs and Excise IntegratedTariff including vehicles, ships andaircraft incorporating a firearm;

vii) any component of ammunition.

28.23 It should be noted that (iii) and (iv) arenot exempt from licensing if imported intoNorthern Ireland. Moreover, although articlesat (v) do not require an import licence, theguidelines in paragraph 2.25 of Chapter 2 arerelevant in determining whether a firearmshould be regarded as “antique’ for thepurpose of the firearms legislation.

28.24 Commercial importations of firearms,component parts and ammunition require anindividual import licence. Applications forimport licences should be made on completedform ILB/W and submitted to ImportLicensing Branch at the address shown inparagraph 28.2. With the exception offirearms, component parts and ammunitionfalling to section 5 of the 1968 Act,applications should be accompanied by acopy of the domestic authority to possess theitems in the UK (for example a firearmcertificate or certificate of registration).

28.25 As a concession for non-commercialimportations of firearms, shot guns andammunition requiring import licences thefollowing documents are accepted by HMCustoms and Excise in lieu of importlicences:

i) valid United Kingdom firearm or shotgun certificates;

ii) visitors’ firearm or shot gun permits.

28.26 The firearms, shot guns or ammunitionmust be freely declared to HM Customs andExcise upon importation.

28.27 It should be noted that the Placing onthe Market and Supervision of Transfer ofExplosives Regulation (POMSTER) removedthe requirement for an import licence toimport explosives. The importation ofexplosives is though still prohibited unlessaccompanied by a transfer document (or acertified true copy) known as a RecipientCompetent Authority (RCA) document issuedby the Health and Safety Executive (HSE).These can be obtained from the HSE, SafetyPolicy Division D5, Rose Court, SouthwarkBridge Street, London SE1 9HF. There issome overlap between ammunition controlledby the DTI and the HSE, and where this isthe case both sets of documents are required.

Exports to non-EU nations

28.29 Firearms, shot guns, component partsfor firearms or shot guns, and ammunition aresubject to export control and in generalrequire a licence for export to any destination.

28.30 Export licences are not usually requiredin the following circumstances:

• holders of valid firearm or shot guncertificates or visitors’ firearm or shot gunpermits may take abroad with them, orhave sent, as part of their personal effects,without an export licence, any firearms,shot guns or related ammunition enteredon the certificates if the certificates arepresented by the holder, or their dulyauthorised agent, with the firearms andammunition to the officer of the Customsand Excise at the place of exportation. Theexception also includes telescopic sights.

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28.31 From time to time this exemption willnot apply to firearms consigned to certaindestinations. Further details may be obtainedfrom the DTI prior to export.

28.32 Applications for export licences mustbe made to the DTI on the appropriate formand must be accompanied by the applicant’sfirearm or shot gun certificate or, in the caseof a registered firearms dealer, a copy of thedealer’s certificate or section 5 authority onlyif appropriate. See also paragraphs 28.14 and28.15 about the export of valuable, olderfirearms.

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29.1 This Chapter sets out the background tothe EC Weapons Directive (91/477/EEC)and then focuses in more detail on threemain areas:

a) the European Firearms Pass (EFP)(including issue to British residents andits use in Britain by people from otherEuropean Union (EU) nations);

b) the purchase of firearms and ammunitionby EU residents, within the EU (includingthe issue of Article 7 authorities); and

c) the exchange of information between EUnations and obligations that this places onboth the Home Office and the police.

29.2 A list of current EU membership is atAppendix 12. The EC Weapons Directivealso applies to Northern Ireland as part ofthe United Kingdom, but not the Isle of Manor the Channel Islands. The acronym EC isused in this Chapter only where it relates tospecific Directives or documents that makeuse of the term.

The Directive

29.3 A Directive on the control of theacquisition and possession of weapons wasadopted by the Council of Ministers in June1991. Member States were required toimplement it by 1 January 1993. The UKimplemented the Directive’s requirements ontime (by means of the 1992 Regulations inGreat Britain) but some other Member Statestook longer to do so.

29.4 The Directive’s provisions compensatefor the relaxation of systematic bordercontrols in line with the Single Market. Thecompensatory measures prescribed are:

a) partial harmonisation to minimumstandards of EU states’ firearms controls.

The Directive classified firearms andammunition into four categories – A toD – and set minimum criteria for thecontrol of each category. The categoriesare set out in Appendix 13;

b) introduction of the European FirearmsPass (EFP) for individuals wishing to takefirearms to other EU states, and of theArticle 7 authority for those wishing toacquire or possess a category B firearmin another EU state;

c) a harmonised community licensing systemfor commercial and permanent firearmsmovements (that is, imports/exports); and

d) a Weapons Information Exchange System(WIES) under which a state is to benotified of every commercial/permanenttransfer of firearms to its territory fromanother EU state and the acquisition/possession of firearms by one of itsresidents in another EU state.

The European Firearms Pass (EFP)

Issue to GB residents

29.5 The EFP acts as a form of passport forfirearms (in a format agreed by the MemberStates) and is designed for use by shooterstravelling with their firearms throughout theEU. EFPs are issued by the Member Stateof residence. Chief officers of police areresponsible for the issue of EFPs to GBresidents and only firearm and shot guncertificate holders are entitled to an EFP.Chief officers cannot refuse to issue an EFPto the holder of a valid firearm and/or shotgun certificate in respect of the possessedfirearms or shot guns entered on thatcertificate. EFPs should only be issued tothose who request them. No fee is chargeablefor the issue of an EFP. An EFP will onlyinclude the firearms and/or shot guns whichthe applicant applies to have included in it,

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but can only include those firearms and/orshot guns which the applicant is authorisedto possess under domestic law by virtue ofa valid firearm or shot gun certificate.

29.6 EFPs are issued in the same format byall Member States to make it easy for anEFP issued by one state to be recognisedby Customs and police officers in others.Supplies of the EFP are available from TheStationery Office. Forces may produce theirown EFPs if they wish but the lay-out,format or content must not vary in any wayfrom the agreed format and must incorporatethe EC Weapons Directive logo.

29.7 For each firearm included, the EFPmust specify which category of the Directivethe firearm falls under (see Appendix 13). Itmust also give details, in respect of eachfirearm, of any EU state which requires theEFP holder to obtain its authorisation beforetaking the firearm there, or which prohibitsaltogether the acquisition or possession ofsuch a firearm in its territory. Details of therequirements of other EU states werecirculated following the introduction of theDirective. Any changes to these requirementsnotified to the Home Office will be circulatedto forces.

29.8 Application for an EFP may be made atany time, including at the time of applicationfor the renewal of a firearm and/or shot guncertificate. Where an individual already holdsa shot gun certificate and an EFP in respectof that certificate, and is then granted afirearm certificate, they are entitled to anextension of the EFP to include only thepossessed firearms on their firearm certificateand vice versa.

29.9 The application process should be assimple and easy as possible and a telephonerequest for an EFP by an existing certificateholder should normally be acceptable.Applicants must give details of the firearmswhich they want entered on the EFP andshould be asked to provide a photograph, orauthorise the use of one already supplied withthe application for the grant or renewal ofthe respective firearms or shot gun certificate,for inclusion on it. However, there is nostatutory obligation on an applicant to

provide a photograph for this purpose. Ifthe applicant refuses to supply one, the EFPshould still be issued without a photographon it. A written entry should be made in thespace for the photograph on the EFP tothe effect that the holder did not supply aphotograph and the police stamp affixedfor security purposes.

29.10 No investigation should be made intoan application for an EFP other than tocheck that the applicant holds a valid firearmand/or shot gun certificate in respect of thefirearms to be included in the EFP or, in thecase of an applicant for the grant or renewalof a certificate, will hold such a certificate.

29.11 The EFP should be valid until the dateon which the supporting firearm or shot guncertificate expires. If the EFP includes firearmsentered on both a firearm certificate and ashot gun certificate, the EFP should expire atthe same time as whichever certificate expiresfirst. Records of all EFPs issued should bekept in the normal way for a minimum offive years.

Renewals and variations of EFPs

29.12 An EFP can be renewed at the sametime as a firearm or shot gun certificate isrenewed. If the EFP holder has both afirearm and a shot gun certificate which arenot co-terminous, the EFP should only berenewed for the same period as the certificatewhich expires first. Where an EFP includesfirearms entered on both a firearm and a shotgun certificate, and one of the certificatesexpires and is not renewed, the EFP will alsoexpire. The EFP holder can apply to havethe EFP renewed for the firearms held onthe certificate which is still valid, but thefirearms covered by the certificate which hasexpired must be deleted from the EFP.

29.13 If an EFP expires and the holder doesnot apply for it to be renewed, the chiefofficer of police for the area where theholder resides should send a notice to theholder requiring the EFP to be surrenderedwithin 21 days. It is an offence for the holdernot to comply with such a notice.

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29.14 If an EFP holder’s firearm certificate isvaried by deletion of a firearm which is alsoentered on the EFP the chief officer ofpolice for the area where the holder residesshould send a notice to the holder requiringthe EFP to be produced within 21 days foramendment. Similarly if a chief officer isnotified that a shot gun certificate holder hasdisposed of a shot gun which is listed ontheir EFP, the chief officer must send theEFP holder a notice requiring the EFP to beproduced within 21 days for that shot gun tobe deleted from it. It is an offence for theEFP holder not to comply with such notice.

29.15 If an EFP holder wants to have anadditional firearm included in their EFP, theymust apply to the chief officer of police forthe area in which they reside to have thefirearm added.

29.16 Where a firearm identified in an EFP islost or stolen, the EFP holder must reportthe loss or theft to the chief officer of policeimmediately and produce their EFP foramendment. It is an offence for the EFPholder not to do so. If the firearm issubsequently returned to the EFP holder thechief officer can endorse the EFPaccordingly.

Amendments to EFPs covering other EUstates’ requirements

29.17 The EFP requires chief officers ofpolice to enter details, in respect of eachfirearm identified in the EFP, of any EUstate which prohibits that type of weapon orwhich makes its possession subject to priorauthorisation. There has been difficulty inobtaining comprehensive information fromother Member States in this respect. Wherechief officers are aware of the requirementsin other Member States, these details can beincluded in the EFP. Where such informationis not available, chief officers should adviseapplicants who wish to take their firearms toanother Member State to contact theauthorities of that state to confirm whetherprior authorisation is needed.

Revocation and cancellation of EFPs

29.18 Where a firearm or shot gun certificateis revoked, or cancelled by a court order,and the certificate holder also holds an EFP,the chief officer of police should send theEFP holder a notice requiring the EFP tobe surrendered within 21 days. It is anoffence for the EFP holder not to complywith such notice.

Use of EFPs by nationals of otherEU states

29.19 All EU visitors to the UK require avisitors’ permit. A visitors’ permit cannot begranted unless there is first produced a validEFP issued by the authorities of another EUstate to that visitor in respect of thefirearm(s) to be covered by the permit.However, an EFP need not be produced if:

a) the prospective visitor is precluded byreason of residence or other circumstancefrom being granted an EFP by anotherEU state; or

b) they are a recognised EU collector andthe permit is required exclusively inconnection with the recognised activitiesof such collectors.

29.20 An EU visitor may not possess anEFP for a particular weapon, for examplea muzzle-loading weapon, because thelegislation in their state of residence does notregard the weapon as a firearm. In suchcases, the applicant for the visitor’s permitshould be able to provide satisfactoryevidence of why the prospective visitordoes not hold an EFP.

29.21 Subject to these exceptions, chiefofficers of police must ensure that, whenconsidering any application for a visitor’spermit made on behalf of an EU resident,an EFP is produced and that it covers thefirearms in respect of which the permit isbeing applied for.

29.22 Once it has been decided to grant avisitors’ permit, an entry should be made onthe EFP giving the visitor’s permit numberand its period of validity and indicating that it

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authorises the possession of specified firearmsin Great Britain.

29.23 EU residents will need their EFPs totravel between other Member States, and toobtain prior authorisations from theauthorities of other EU states, and everyeffort should therefore be made to return theEFP to the visitor’s sponsor or representativeas quickly as possible.

29.24 An EU visitor who is not exempt fromthe requirement to have an EFP or visitors’permit should have it with them during anyvisit to Great Britain. A constable maydemand production of an EFP from a personwhom they believe to be in possession of afirearm and who fails:

a) to produce a firearm or shot guncertificate; or

b) to show that they are not entitled,by reason of residence or othercircumstances, to an EFP; or

c) to show that they are a recognised EUcollector who is in possession of thefirearm exclusively in connection with therecognised activities of such collectors.

29.25 It is an offence for a person to fail tocomply with a constable’s demand in suchcircumstances.

Purchase of firearms and ammunitionby EU residents, within the EU

GB residents – purchase of category Bfirearms in other EU states (Article 7authorities)

29.26 Any EU resident who wants to buy oracquire a category B firearm (see Appendix13) in another EU state must, unless they areexempt under the Directive, be able to showthat they have the agreement to the purchaseor acquisition of the authorities of their stateof residence. GB residents wishing to buy oracquire a category B firearm, or ammunitionfor such a firearm, in the territory of anotherEU state will have to obtain this agreementfrom the local chief officer of police for thearea in which they reside. This agreement iscalled an “Article 7 authority”.

29.27 Authorities are issued in differentcircumstances depending on whether theapplicant has a valid firearm certificate andwhether the firearm or ammunition is tobe brought back to the UK. No fee ischargeable for an Article 7 authority.

29.28 If the purchaser wants to bring thefirearm or ammunition back to the UK, anArticle 7 authority can only be issued for afirearm or ammunition which the applicantis authorised to acquire by their firearmcertificate. An Article 7 authority can beissued to such a firearm certificate holder atthe time their certificate is granted or at anytime while the certificate is in force.

29.29 An Article 7 authority can also begranted to a person who wants to buy oracquire a category B firearm, or ammunitionfor such a firearm, in another EU state butwho does not hold a firearm certificate orwhose firearm certificate does not authorisethe purchase or acquisition of the firearmor ammunition which is to be purchased oracquired if that person satisfies the chiefofficer of police that the firearm(s) orammunition will not be brought into the UK.This means that non-certificate holders canbe given an Article 7 authority to buy oracquire a category B firearm and ammunitionin another EU state if the chief officer thinksfit. It also means that an Article 7 authoritycan, if the chief officer thinks fit, be issuedto both certificate and non-certificate holdersto buy or acquire, in another EU state,category B firearms and ammunition whichthey would not be allowed to possess inGreat Britain.

29.30 A common form of document is usedby EU states for this purpose. The StationeryOffice produce stocks, but forces who haveprinting facilities can produce their ownprovided that they do not depart from theagreed EU form.

29.31 No restriction should be placed onwhere the firearm(s) to which the Article 7authority relates may be purchased oracquired. Forces should in all cases enterthe words “Any EU state” in section 3 ofthe Article 7 authority. Where an Article 7authority is issued in circumstances where

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the firearm(s) or ammunition to which theauthority relates is not to be brought into theUK, the chief officer of police should enterthe following statement in section 4 of theArticle 7 authority:

“Note: A firearm or ammunition to whichthis authority relates must not be broughtinto the United Kingdom”.

29.32 If the firearm certificate of an Article 7authority holder is varied, and the variationaffects the Article 7 authority, the chiefofficer of police for the area where theholder resides should send the holder anotice requiring the authority to be producedwithin 21 days to be varied or cancelled, asthe case may be. Similarly, if a firearmcertificate is revoked or cancelled and theholder has an Article 7 authority in respect ofa firearm covered by the certificate, the chiefofficer should send the holder a noticerequiring the authority to be surrendered forcancellation within 21 days.

29.33 Chief officers of police may revoke anArticle 7 authority issued for a firearm whichwill not be brought to Great Britain at anytime, if they think fit. In such cases the chiefofficer should send a notice to the authorityholder requiring the authority to besurrendered within 21 days.

29.34 There is no statutory right of appealagainst such revocation but chief officers ofpolice will wish to bear in mind that any suchdecision may be open to challenge by judicialreview. Except in cases where there may beimmediate danger to public safety or thepeace if revocation is delayed, chief officersshould normally write to the authority holderadvising that consideration is being given tothe revocation of the Article 7 authority andgiving the holder a chance to respond. Anycomments which the holder makes inresponse should be carefully consideredbefore a decision on revocation is made.

29.35 The UK will be notified where a GBresident purchases or acquires a category Bfirearm or ammunition in another EU stateand keeps it, or them, there. Notificationsshould therefore be received of everypurchase or acquisition made under an

Article 7 authority granted on the basisthat the firearm or ammunition will not bebrought into the UK. These notificationswill be received in the first instance by theHome Office who will forward them to therelevant local chief officer of police. Chiefofficers will wish to check that the GBresident in question has been granted anArticle 7 authority, and that the purchaseor acquisition has been in accordance withits terms.

GB residents – purchase of category Cfirearms in other EU states

29.36 A person who is resident in GreatBritain and who purchases or acquires acategory C firearm in another EU state mustnotify their local chief officer of police of thetransaction within 14 days of the transaction.The notice must be sent by recorded orspecial delivery or, if sent from another EUstate, the closest equivalent postal service.No notification need be made if:

a) the terms of the transaction restrict thatperson’s possession of the firearm to thewhole or a part of their visit to that stateand prevent its removal from that state;or

b) that person holds a firearm or shotgun certificate containing the specialcollector’s condition, and both thecertificate and the condition relate tothat firearm; or

c) that person is authorised to possess thefirearm in Great Britain by virtue of amuseums firearms licence.

29.37 The Home Office should also benotified of such transactions through theInformation Exchange Network by theauthorities of the EU state in which thetransaction takes place. Such notificationswill be passed by the Home Office to localchief officers of police who will wish tocheck that the individual is authorised topurchase/acquire/possess the firearmconcerned.

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EU residents – purchase of firearmsfor export

29.38 A resident of another EU state whowishes to purchase a category B firearm inGreat Britain will have to be able to showevidence of the agreement of the authoritiesof their state of residence to the purchase,corresponding to an Article 7 authority. Suchevidence is not necessary if the purchaser canshow that they are a recognised collector whois purchasing the firearm exclusively inconnection with the recognised activities, orthat they are resident in the UK or outsidethe EU states, or are otherwise precludedfrom being issued with such an authorisation.

29.39 An EU visitor will not of course beable to purchase firearms which are classifiedas category B by the Directive but which aresubject to control under section 5 of the1968 Act (as amended). In other words, anEU visitor, other than a recognised collector,will only be able to purchase a firearm towhich section 1 of the 1968 Act applies ora shot gun.

29.40 Registered firearms dealers shouldinclude details of any agreement given by thepurchaser’s state of residence in the notice oftransaction which they are required to sendto chief officers of police under section 18(2)of the 1988 Act.

29.41 Chief officers of police are alsorequired to pass to the Home Office noticeof transactions received under section 18(2)of the 1988 Act in respect of category Cweapons by residents of other EU states.

Weapons Information ExchangeSystem (WIES)

29.42 The system is designed so that an EUstate is notified when one of its residentsacquires or possesses a firearm in anotherEU state. It is also used to notify everypermanent or commercial movement offirearms from one EU state to another. Thenational authority to transmit and receiveinformation for the UK is the Action AgainstCrime and Disorder Unit (AACDU) at theHome Office. The following section sets outthe respective duties of the Home Office and

police forces in exchanging information onboth the purchase and possession of firearmsby individuals and for permanent andcommercial transfers.

Exchange of information on the purchaseand possession of firearms by individuals

29.43 An EU state must be notified throughthe WIES each time one of its residentsbuys, or permanently acquires, a category Cfirearm in another EU state. It must also benotified if one of its residents possesses acategory B firearm in another EU state.

29.44 The WIES is only of benefit ifinformation is exchanged quickly andaccurately. The information which the UK isrequired to transmit to other EU states aboutpurchases of firearms in the UK by other EUresidents will in the first instance be notifiedunder the requirements of the Firearms Actsto chief officers of police.

29.45 It is of vital importance thatnotifications which forces receive aboutpurchases of firearms by EU residents aredealt with as a matter of urgency and, ifsubject to the information exchangerequirements, forwarded to the Home Officeimmediately on receipt in force firearmsdepartments. Information which forces arerequired to forward should be sent by fax toAACDU, Firearms Section, 020 7273 4028.

29.46 All notifications must be made on theagreed EU stock forms which incorporate theEC Weapons Directive logo. WIES 1 is to beused both by police forces to notify otherEU states (through AACDU) of purchasesof certain firearms by EU residents in theUK and by other EU states to notify policeforces (through AACDU) of purchases ofcertain firearms by UK residents in thosestates. WIES 2 and WIES 3 are to be usedonly by other EU states to notify UK policeforces (through AACDU) of the possessionof firearms in those states by UK residentsand the transfer of firearms to UK residentsrespectively.

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Information which police forces mustpass to the Home Office

a) Local forces must notify the HomeOffice immediately of any notice theyreceive involving the purchase, orpermanent acquisition, by EU residentsof category C firearms in the UK.The Home Office will transmit thisinformation to the purchaser’s state ofresidence. (Residents of other EU statescan only purchase or acquire category Cfirearms in Great Britain if they hold avisitors’ shot gun permit or, in the caseof purchase, if they purchase it for exportunder section 18 of the 1988 Act).

b) The only category C weapon which canbe purchased or acquired by virtue ofholding a visitors’ shot gun permit is ashot gun with a non-detachable magazineincapable of holding more than 2 shots.All such notifications received by thepolice should be reported to the HomeOffice using WIES 1. The same formshould be used to report notificationsof transactions involving EU residentsand category C firearms by registeredfirearms dealers.

Information which the Home Office mustpass to the police

c) The Home Office will be notifiedthrough the WIES each time a UKresident acquires a category C firearm inanother EU state. This information willbe passed on to local chief officers ofpolice also using form WIES 1. Chiefofficers will need to check that theindividual concerned holds a firearm orshot gun certificate (or is exempt fromthe requirement to hold one) in respectof that firearm. The individual purchasingthe firearm must also notify their localchief officer of the acquisition (unlessthey are exempt from the requirementto do so).

d) The UK will also be notified by otherEU states of any UK residents possessinga category B firearm in those states. Suchnotifications will be passed by the HomeOffice to local chief officers of police forthe areas in which these persons resideusing form WIES 2.

Exchange of information on permanentand commercial transfers of firearmsbetween EU states

29.47 The WIES is also designed tosupplement the system for licensing themovements of firearms between EU states.EU states will be notified through the WIESof every transfer of firearms to, or through,their territory.

Notifications which the Home Officemust pass to the police

a) The Home Office will be notifiedthrough the WIES each time a licence isgranted by another EU state authorisingfirearms to be transferred to the UK.Notifications will be received not onlyabout commercial transfers but also abouttransfers to, or by, private individuals.Notifications received about purelycommercial transfers will be passedby the Home Office to HM Customsand Excise who are responsible forenforcement of the licensing controlson movements of firearms between theUK and other EU states.

b) Notifications received from other EUstates about licences authorising transferof a firearm or firearms to a privateindividual in the UK will be passed bythe Home Office to both HM Customsand Excise and the local police forcefor the area in which the UK transfereeresides. Notification will be by means ofWIES 3. The local force will need tocheck that the transferee is authorised toacquire/possess the firearm(s) to whichthe notification relates and take actionas appropriate.



Association of Chief Police Officers 25 Victoria StreetLondonSW1H 0EXTel: 020 7227 3434Fax: 020 7227 3400

Association of Chief Police OfficersScotlandPolice HeadquartersFettes AvenueEdinburghEH4 1RBTel: 0131 311 3051Fax: 0131 311 3052

Association of Deer Management GroupsDalhousie Estates OfficeBrechinAngusDD9 6SGTel: 01356 624566Fax: 01356 623725Email: [email protected]

Association of Professional Clay TargetShooting GroundsHarings FarmRiselyBedford MK44 1DATel: 01234 708893Fax: 01234 708886

Association of Scottish PoliceSuperintendents173 Pitt Street GlasgowG2 4JSTel: 0141 221 5796Fax: 0141 532 2489

Birmingham Proof HouseBanbury Street BirminghamB5 5RHTel: 0121 643 3860Fax: 0121 643 7872Web: www.gunproof.comEmail: [email protected]

British Association for Shooting andConservation (BASC)Marford MillRossettWrexham Clwyd LL12 0HLTel: 01244 573 010Fax: 01244 573 001Web: www.basc.org.ukEmail: gun [email protected]

British Association for Shootingand Conservation (Wales)The Station House CaerswsPowysSY17 5HHTel: 01686 688 861Fax: 01686 688 854Web: www.basc.org.uk

British Association for Shootingand Conservation (Scotland)Trochyby Dunkeld TaysidePH8 0DYTel: 01350 723 226Fax: 01350 723 227Web: www.basc.org.ukEmail: [email protected]

Appendix 1CONTACT DETAILS

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British Deer SocietyBurgate Manor FordingbridgeHampshireSO6 1EFTel: 01425 655 434Fax: 01425 655 433

British Medical AssociationBMA HouseTavistock SquareLondonWC1H 9JPTel: 020 7387 4499Web: www.bma.org.uk

British Pest Control Association1 Gleneagles HouseVernon GateSouth StreetDerbyDE1 1UPTel: 01332 294288Fax: 01322 295904Email: [email protected]

British Shooting Sports CouncilPO Box 11Bexhill-on-SeaTN40 1ZZTel: 01424 217031Fax: 01424 217031www.bssc.org.uk

British Transport Police PO Box 26015 Tavistock PlaceLondonWC1H 9SJTel: 020 7388 7541www.btp.police.uk

British Veterinary Association7 Mansfield Road London W1G 9NQTel: 020 7636 6541 Fax: 020 7436 2970E-mail: [email protected]

British Western Shooting AssociationNew FarmIngoldmells RoadBurgh le MarshSkegnessLincolnshire PE24 5HFTel: 01754 810 424Fax: 01754 811 266

Clay Pigeon Shooting AssociationPO Box 750 Bisley Camp Brookwood SurreyGU24 0YUTel: 01483 485 400Fax: 01483 485 410Web: www.cpsagb.co.ukEmail: [email protected]

Country Land and Business Association16 Belgrave SquareLondonSW1X 8PQTel: 020 7235 0511Fax: 020 7235 4696Web: www.cla.org.ukEmail: [email protected]

Countryside Alliance367 Kennington RoadLondonSE11 4PTTel: 020 7840 9200Fax: 020 7793 8484Web: www.countryside-alliance.orgEmail: [email protected]

Crown Office25 Chambers StreetEdinburghEH1 1LATel: 0131 226 2626Fax: 0131 247 2650

Crown Prosecution Service50 Ludgate HillLondonEC4M 7EXTel: 020 7796 8000Fax: 020 7796 8650Email: [email protected]

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Deer Commission for Scotland82 Fairfield RoadInvernessIV3 5LHTel: 01463 231751Fax : 01463 712931Web: www.dcs.gov.ukE-mail: [email protected]

Department for Culture, Media and Sport2-4 Cockspur StreetLondon SW1Y 5DHTel: 020 7211 6160Fax: 020 7211 6170Web: www.culture.gov.ukEmail: [email protected]

Department for Environment, Foodand Rural AffairsAnimal Welfare DivisionArea 6061A Page StreetLondonSW1P 4PQTel: 020 7904 6858 or 6910

Department for Environment, Foodand Rural AffairsEuropean Wildlife DivisionRoom 1/08Temple Quay House2 The SquareTemple Quay BristolBS1 6EBTel: 0117 372 8903Fax: 0117 372 8182E-mail: [email protected]

Department for Environment, Foodand Rural AffairsLand Use DivisionNobel House 17 Smith SquareLondon SW1P 3JRTel: 020 7238 6000

Department of Trade and IndustryExport Control Organisation4 Abbey Orchard StreetLondon SW1P 2HTTel: 020 7215 8070Fax: 020 7215 0558Email: [email protected]

Department of Trade and IndustryImport Licensing BranchQueensway HouseWest PrecinctBillinghamClevelandTS23 2NFTel: 01642 364351Fax: 01642 364269E-mail: [email protected]

English Civil War Society382 Woodend RoadWednesfieldWest MidlandsWV11 1YDwww.english-civil-war-society.org

English HeritageDirector of Special Events23 Savile RowLondon W1X 1ABTel: 020 793 3000Fax: 020 793 3001

English NatureNorthminster HousePeterboroughCambridgeshirePE1 1UATel: 01733 455000Fax: 01733 568834Web: www.english-nature.org.ukEmail: [email protected]

European Cartridge Research Association15 Allington RoadHendonLondonNW4 3EATel: 020 8202 0652Fax: 020 8202 0652

147


Firearms Consultative CommitteeHome Office5th Floor50 Queen Anne’s GateLondonSW1H 9ATTel: 020 7273 2184Fax: 020 7273 4028

Foreign and Commonwealth OfficeProtocol DivisionOld Admiralty BuildingLondonSW1A 2PATel: 020 7008 1021Fax: 020 7008 1026

Forensic Science ServiceMetropolitan Laboratory109 Lambeth RoadLondon SE1 7LPTel: 020 7230 6423Fax: 020 7230 6296

Forestry Commission231 Corstorphine RoadEdinburghEH12 7ATTel: 0131 334 0303Fax: 0131 334 3047Web: www.forestry.gov.ukEmail: [email protected]

Great Britain Target Shooting Federation1, The CedarsGreat WakeringSouthend-on-SeaEssex , SS3 0AGTel: 01702 219 395E-mail: [email protected]

Gun Control NetworkPO Box 11495LondonN3 2FEWeb: www.gun-control-network.org/ukEmail: [email protected]

The Gun Trade Association LtdPO Box 43Tewkesbury, GloucestershireGL20 5ZETel: 01684 291868Fax: 01684 291864

Health and Safety ExecutiveExplosives InspectorateMerton HouseStanley RoadBootleMerseysideL20 3DLTel: 0151 951 4025Fax: 0151 951 3891

Health and Safety ExecutiveSafety Policy Division C1Rose CourtSouthwark Bridge StreetLondonSE1 9HS

Historical Breechloading SmallarmsAssociation (HBSA)PO Box 12778LondonSE1 6XGTel: 0207 416 5370Fax: 0207 416 5270

HM Customs & ExciseNew King’s Beam House22 Upper RoadLondon SE1 9PJTel: 0845 010 9000 Fax: 0845 000 0200Web: www.hmce.gov.uk

HM Inspectorate of ConstabularyHome Office50 Queen Anne’s GateLondonSW1H 9ATTel: 020 7273 3000

148


HM Inspectorate of Constabularyfor Scotland2 Greenside LaneEdinburghEH1 3AHTel: 0131 244 5614Fax: 0131 244 5616Web: www.scotland.gov.uk

Home OfficeFirearms & Explosives SectionAction against Crime and Disorder Unit50 Queen Anne’s Gate London SW1H 9ATTel: 0207 273 2184Fax: 0207 273 4028

Humane Slaughter AssociationThe Old SchoolBrewhouse HillWheathamstead Hertfordshire AL4 8ANTel: 01582 831 919Fax: 01582 831 414Web: www.hsa.org.ukE-mail: [email protected]

International Long-Range Pistol ShootersAssociation108 Sussex RoadHarrowMiddlesexHA1 4NBTel/Fax: 0208 863 3302

International Maritime Organisation4 Albert EmbankmentLondonSE1 7SRTel: 020 7735 7611Fax: 020 7587 3210Web: www.imo.org

London Proof House48 Commercial RoadLondon E1 1LPTel: 020 7481 2695Fax: 020 7480 5102

The Medical Defence Union Ltd230 Blackfriars RoadLondonSE1 8PJTel: 020 7202 1500Fax: 020 7202 1662Web: www.the-mdu.comEmail: [email protected]

Ministry of Defence (cadets and reserveforces)Directorate of Reserve Forces and CadetsDRFC SEC1St Giles Court1-13 St Giles High StreetLondon WC2H 8LDTel: 020 7218 9000Fax: 020 2218 5612

Ministry of Defence (range safety issues)PC ‘C’Trenchard LinesUpavonPewsey WiltshireSN9 6BETel: 01980 678 500Fax: 01980 678 059

Museums Weapons Groupc/o Mark Murray FlutterRoyal ArmouriesArmouries DriveLeedsLS10 1LTTel: 0113 220 1876Fax: 0113 220 1871

Muzzle Loaders’ Association of GreatBritain (MLAGB)The Old BarnWaspertonWarwickCV35 8EBTel: 01926 624142Fax: 01926 624142

149


National Assembly for WalesAgriculture DepartmentCathays ParkCardiffCF10 3NQTel: 0292 082 3114Fax: 0292 082 5348

National Association of Re-enactmentSocieties (NARES)90 Woodlands RoadIsleworthMiddlesexTW7 6JYTel: 020 8847 2526

National Farmers UnionAgriculture House164 Shaftesbury AvenueLondonWC2H 8HLTel: 020 7331 7200Fax: 020 7331 7381

The National Gamekeepers’ OrganisationPO Box 107Bishop AucklandDurhamDL13 5YUTel: 01388 718502Fax: 01388 718502Web: www.nationalgamekeepers.org.uk

National Operatic and DramaticAssociation1 Crestfield StreetLondonWC1H 8AUTel: 020 7713 5800Fax: 020 7833 0609www.noda.co.uk

National Rifle Association (NRA)(including the National Shooting Centredesignated site)Bisley CampBrookwood WokingSurreyGU24 0PYTel: 01483 797 777 Fax: 01483 797 285

National Small-bore Rifle Association(NSRA)(including the National Shooting Centredesignated site)Lord Roberts CentreBisley CampBrookwoodWoking Surrey GU24 0NPTel: 01483 485500Fax: 01483 476392Web: www.nsra.co.ukEmail: [email protected]

Northern Ireland OfficePolice DivisionMassey HouseStoney RoadBelfastBT4 3SXTel: 028 9052 7569Fax: 028 9052 7159Email: [email protected]

Office of Legislative AffairsNewton HallNewtonCambridgeCB2 5PETel: 01223 872176Fax: 01223 872983

Police Federation15/17 Langley RoadSurbitonSurreyKT6 6LPTel: 020 8335 1000

Police Service of Northern IrelandFirearms Licensing and Explosives BranchLisnasharragh42 Montgomery RoadBelfastBT6 9LD Tel: 028 9065 0222Fax: 028 9070 0946Email: [email protected]: www.psni.police.uk/farms/

150


Re:source, The Council for Museums,Archives and Libraries 16 Queen Anne’s Gate London SW1H 9AATel: 020 7273 1444Fax: 020 7273 1404Email: www.resource.gov.uk

Royal College of General Practicioners14 Princes GateHyde ParkLondonSW7 1PUTel: 020 7581 3232Fax: 020 7225 3047Web: www.rcgp.org.ukEmail: [email protected]

Royal Society for the Prevention ofCruelty to Animals (RSPCA)CausewayHorshamWest SussexRH12 1HGTel: 01403 264181Web: www.rspca.org.uk

St Hubert Club of Great BritainCrowground HallKenny HillBury St EdmundsSuffolkIP28 8DSTel: 01353 675239Fax: 01353 675447Email: [email protected]

Scotland OfficeHome Affairs BranchMeridian Court5 Cadogan StreetGlasgowG2 6ATTel: 0141 242 5953Fax: 0141 242 5994Web: www.scottishsecretary.gov.ukEmail: [email protected]

Scottish Crofters UnionOld MillIsle of SkyeIV49 9AQTel: 01471 822 529Fax: 01471 822 799Web: www.scu.co.uk

Scottish ExecutiveExecutive SecretariatSolicitor’s Division A2Area 1-FVictoria QuayEdinburghEH6 6QQWeb: www.scotland.gov.uk

Scottish Executive Education DepartmentSport, the Arts and Culture DivisionArea 1-AVictoria QuayEdinburghEH6 6QQTel: 0131 244 0987Fax: 0131 244 0353Web: www.scotland.gov.ukEmail: [email protected]

Scottish Executive Environment andRural Affairs DepartmentFreshwater Fisheries, Aquaculture and MarineEnvironmentBranch 3 Marine Environment and WildlifeRoom 415, Pentland House47 Robbs LoanEdinburghEH14 1TYWeb: www.scotland.gov.uk

Scottish Executive Justice DepartmentPolice DivisionSaughton HouseBroomhouse DriveEdinburghEH11 3XDTel: 0131 244 2141Fax: 0131 244 2666Web: www.scotland.gov.uk

151


Scottish Gamekeepers AssociationWhitehall CottageKirkmahoeDumfriesDG1 1TDTel: 01387 740572Fax: 01387 740572Web: www.scottish-gamekeepers.org.uk

Scottish Landowners’ FederationStuart HouseEskmills Business ParkMusselburghEH21 7PBTel: 0131 653 5400Fax: 0131 653 5401Web: www.slf.org.ukEmail: [email protected]

Scottish Police Federation5 Woodside PlaceGlasgowG3 7QFTel: 0141 332 5234Fax: 0141 331 2436

The Sealed KnotPO Box 2000NottinghamNG2 5LHTel: 020 8670 2133Fax: 020 8670 2133www.sealedknot.org

The Shooting Sports Trust LtdPO Box 43TewkesburyGloucestershire GL20 5ZETel: 01684 291865Fax: 01684 291864Email: [email protected]

Showman’s Guild 41 Clarence StreetStainesMiddlesexTW18 4SYTel: 01784 461805

The Sportman’s Association of GreatBritain and Northern Ireland57 Garstang RoadPrestonLancashirePR1 1LBTel: 01772 200801Fax: 01772 200802Web: www.sportsmanassociation.org.ukEmail: [email protected]

Superintendents’ Association of Englandand Wales67A Reading RoadPangbourneBerkshireRG8 7JDTel: 0118 984 4005Fax: 0118 984 5642

UK Athletics Ltd Athletics House 10 Harborne RoadEdgbastonBirmingham B15 3AATel: 0121 456 5098Fax: 0121 456 8752Web: www.Ukathletics.org

United Kingdom Practical ShootingAssociation (UKPSA)PO Box 4478HarlowEssex CM17 0RSTel: 07010 703845Fax: 0870 765 7721Web: www/ukpsa.co.uk

Vintage Arms Association46 St Petersburgh PlaceBayswaterLondonW2 4LDTel: 020 7727 3636Fax: 020 7727 3636

152


FIREARMS LICENSINGDEPARTMENTS FOR BRITISH POLICEFORCES

England & Wales

Avon & Somerset ConstabularyFirearms Licensing BureauNew BridewellBridewell StreetBristolBS1 2QHTel: 0117 945 5175Fax: 0117 945 5174

Bedfordshire PoliceFirearms Licensing DepartmentPolice HeadquartersWoburn RoadKempstonBedfordMK43 9AXTel: 01234 842259Fax: 01234 842133

Cambridgeshire ConstabularyFirearms Licensing DepartmentHinchingbrooke ParkHuntingdonPE29 6NPTel: 01480 456111Fax: 01480 422 237

Cheshire ConstabularyFirearms Licensing Department Nuns RoadChesterCheshireCH1 2PPTel: 01244 612243Fax: 01244 612127

Cleveland PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 70Ladgate LaneMiddlesboroughTS8 9EH Tel: 01642 301352Fax: 01642 301405

Cumbria ConstabularyFirearms Licensing DepartmentCarleton HallPenrithCumbriaCA10 2AUTel: 01768 217013Fax: 01768 217017

Derbyshire ConstabularyFirearms Licensing DepartmentPolice HeadquartersButterley HallRipleyDerbyDE5 3RSTel: 01773 570100

Devon & Cornwall ConstabularyFirearms Licensing DepartmentPolice HeadquartersMiddlemoorExeterEX2 7HQ Fax: 01392 452880Tel: 01392 452973

Dorset PoliceFirearms Licensing DepartmentPolice HeadquartersWinfrithDorchesterDT2 8DZTel: 01202 223776Fax: 01202 223763

Durham ConstabularyFirearms Licensing DepartmentPolice HeadquartersAykley HeadsDurhamDH1 5TTTel: 0191 386 4929Fax: 0191 375 2280

Dyfed-Powys PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 99LlangunnorCarmarthenSA31 2PF Tel: 01267 222020Fax: 01267 226499

153


Essex PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 2SpringfieldChelmsfordCM2 6DATel: 01245 452768Fax: 01245 452157

Gloucestershire ConstabularyFirearms Licensing DepartmentPolice HeadquartersHolland HouseLansdown RoadCheltenhamGL51 6QHTel: 01242 521321

Greater Manchester PoliceFirearms & Explosives UnitOpenshaw ComplexLawton StreetOpenshawManchesterM11 2NSTel: 0161 856 0820Fax: 0161 856 0822

Gwent PoliceFirearms Licensing DepartmentPolice HeadquartersCroesyceiliogCwmbranNP44 2XJTel: 01633 838111Fax: 01633 865211

Hampshire ConstabularyFirearms Licensing BranchPolice HeadquartersWest HillWinchesterSO22 5DBTel: 0845 0454545Fax: 01962 871188

Hertfordshire ConstabularyFirearms Licensing DepartmentPolice HeadquartersStanborough RoadWelwyn Garden CityAL8 6XFTel: 01707 638152Fax: 01707 638156

Humberside PoliceFirearms Licensing DepartmentPolice HeadquartersQueens GardensKingston upon HullHU1 3DJTel: 01482 220237Fax: 01482 220478

Kent County ConstabularyFirearms Licensing DepartmentPolice HeadquartersSutton RoadMaidstoneME15 9BZTel: 01622 652510Fax: 01622 652519

Lancashire ConstabularyFirearms Licensing DepartmentPO Box 77HuttonNr. PrestonPR4 5SB Tel: 01772 412664Fax: 01772 412332

Leicestershire ConstabularyFirearms Licensing DepartmentCharles Street Police StationSt George StreetLeicesterLE1 1SDTel: 0116 248 2814Fax: 0116 248 2827

Lincolnshire PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 999LincolnLN5 7PHTel: 01522 558164Fax: 01522 558024

154


London, Metropolitan Police

Central & East SO19

Firearms Enquiry TeamOld Ilford Police Station40 Ilford HillIlfordEssexIG1 2AYTel: 020 8345 4029Fax: 020 8345 4190

Firearms Enquiry TeamKensington Police Station72-74 Earls Court RoadLondonW8 6EQTel: 020 8246 0840Fax: 020 8244 0841

West SO19

Firearms Enquiry Team5 Penrhyn RoadKingston Upon ThamesSurreyKT1 2BTTel: 020 8247 5247Fax: 020 8247 5013

Firearms Enquiry TeamHenderson HousePeel CentreAerodrome RoadColindaleLondonNW9 5JETel: 020 8358 1471Fax: 020 8355 1469

South SO19

Firearms Enquiry TeamOld Dulwich Police Station97 Crystal Palace RoadEast DulwichLondonSE22 9EYTel: 020 8282 6975Fax: 020 8282 6967

London, City Of, Police26 Old JewryLondonEC2R 8DJTel: 0207 601 2222

Merseyside PoliceFirearms RegistryPolice HeadquartersCanning PlaceLiverpoolL69 1JDTel: 0151 777 8479Fax: 0151 777 8485

Norfolk ConstabularyFirearms Licensing DepartmentOperations and Communication CentreFalconers ChaseWymondhamNorfolkNR18 OWWTel: 01953 424192Fax 01953 424203

Northamptonshire PoliceFirearms Licensing DepartmentPolice HeadquartersWootton HallNorthamptonNN4 0JQ Tel: 01604 703288Fax: 01604 703139

Northumbria PoliceFirearms Licensing DepartmentPolice HeadquartersPontelandNewcastle upon TyneNE20 0BLTel: 01661 868368Fax: 01661 868540

North Wales PoliceFirearms Licensing DepartmentCJUVictoria RoadPrestatynDenbighshireLL19 7TDTel: 01745 859634Fax: 01745 880163

155


North Yorkshire PoliceFirearms Licensing DepartmentNewby Wiske HallNorthallertonDL7 9HATel: 01609 783131Fax: 01609 789049

Nottinghamshire PoliceFirearms Licensing DepartmentPolice HeadquartersSherwood LodgeArnoldNottinghamNG5 8PP Tel: 0115 967 0999Fax: 0115 967 2719

South Wales PoliceFirearms Licensing DepartmentPolice HeadquartersCowbridge RoadBridgendCF31 3SUTel: 01656 869244Fax: 01656 869429

South Yorkshire PoliceFirearms Licensing DepartmentPolice HeadquartersSheffieldS3 8LYTel: 0114 2325699Fax: 0114 2523537

Staffordshire PoliceFirearms Administration UnitPolice HeadquartersCannock RoadStaffordST17 0QGTel: 01785 232338Fax: 01785 232313

Suffolk ConstabularyFirearms Licensing DepartmentPolice HeadquartersMartleshamIpswichIP5 7QSTel: 01473 613681Fax: 01473 613683

Surrey PoliceFirearms Licensing DepartmentPolice HeadquartersMount BrowneSandy LaneGuildfordGU3 1HGTel: 01483 482187Fax: 01483 482105

Sussex PoliceFirearms Licensing DepartmentPolice HeadquartersMalling HouseChurch LaneLewesBN7 2DZTel: 01273 404117Fax: 01273 404228

Thames Valley PoliceFirearms DepartmentPolice HeadquartersKidlingtonOxonOX5 2NXTel: 01865 846000Fax: 01865 846038

Warwickshire ConstabularyFirearms Licensing DepartmentPolice HeadquartersPO Box 4Leek WoottonWarwickCV35 7QB Tel: 01926 415254Fax: 01926 415259

West Mercia ConstabularyFirearms Licensing DepartmentPolice HeadquartersPO Box 55Hindlip HallHindlipWorcesterWR3 8SPTel: 01905 723000Fax: 01905 755709

156


West Midlands PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 52Lloyd HouseColmore CircusQueenswayBirminghamB4 6NQTel: 0121 626 5000

West Yorkshire PoliceFirearms Licensing DepartmentPolice HeadquartersPO Box 9WakefieldWF1 3QPTel: 01924 375222Fax: 01924 292236

Wiltshire ConstabularyFirearms Licensing DepartmentCounty Police StationGeorge LaneMalboroughSN8 4BUTel: 01672 511014Fax: 01672 517804

Scotland

Central Scotland PoliceLicensing DepartmentPolice HeadquartersRandolphfieldStirlingFK8 2HDTel: 01786 456312Fax: 01786 456311

Dumfries & Galloway ConstabularyLicensing DepartmentPolice HeadquartersCornwall MountDumfriesDG1 1PZ Tel: 01387 260517Fax: 01387 260501

Fife ConstabularyLicensing DepartmentPolice HeadquartersDetroit RoadGlenrothesFifeKY6 2RJTel: 01592 418888Fax: 01592 418444

Grampian PoliceLicensing DepartmentPolice HeadquartersQueen StreetAberdeenAB10 1ZATel: 01224 386270Fax: 01224 386013

Lothian & Borders PoliceLicensing SectionPolice Headquarters‘O’ Division5 Fettes AvenueEdinburghEH4 1RBTel: 0131 311 3297Fax: 0131 311 3064

Northern ConstabularyFirearms Licensing DepartmentPolice HeadquartersPerth RoadInvernessIV2 3SY Tel: 01463 720484Fax: 01463 716848

Strathclyde PoliceLicensing BranchPolice Headquarters173 Pitt StreetGlasgowG2 4JSTel: 0141 532 2698Fax: 0141 532 2465

157


Tayside PoliceFirearms AdministrationPolice HeadquartersPO Box 59West Bell StreetDundeeDD1 9JUTel: 01382 223200Fax: 01382 596859

UNITED KINGDOM POLICEFORCE HEADQUARTERS

England and Wales

Avon & Somerset ConstabularyPO Box 37 PortisheadBristolAvonBS20 8QJTel: 01275 818181

Bedfordshire PoliceWoburn RoadKempstonBedfordMK43 9AXTel: 01234 841212

Cambridgeshire ConstabularyHinchingbrooke ParkHuntingdonPE29 6NPTel: 01480 456111

Cheshire Constabulary Castle EsplanadeChesterCH1 2PPTel: 01244 350000

Cleveland Police PO Box 70Ladgate LaneMiddlesboroughTS8 9EH Tel: 01642 326326

Cumbria ConstabularyCarleton HallPenrithCA10 2AUTel: 01768 891999

Derbyshire ConstabularyButterley HallRipleyDerbyDE5 3RSTel: 01773 570100

Devon & Cornwall ConstabularyMiddlemoorExeterEX2 7HQ Tel: 0990 777444

Dorset PoliceWinfrithDorchesterDT2 8DZTel: 01929 462727

Durham ConstabularyAykley HeadsDurhamDH1 5TTTel: 0191 386 4929

Dyfed-Powys PolicePO Box 99LlangunnorCarmarthenSA31 2PF Tel: 01267 222020

Essex PolicePO Box 2SpringfieldChelmsfordCM2 6DATel: 01245 491491

Gloucestershire ConstabularyHolland HouseLansdown RoadCheltenhamGL51 6QHTel: 01242 521321

158


Greater Manchester Police PO Box 22 (S.West PDO)Chester HouseBoyer StreetManchester M16 0RETel: 0161 872 5050

Gwent PoliceCroesyceiliogCwmbranNP44 2XJTel: 01633 838111

Hampshire ConstabularyWest HillWinchesterSO22 5DBTel: 0845 0454545

Hertfordshire ConstabularyStanborough RoadWelwyn Garden CityAL8 6XFTel: 01707 354200

Humberside PoliceQueens GardensKingston upon HullHU1 3DJTel: 01482 326111

Kent County ConstabularySutton RoadMaidstoneME15 9BZTel: 01622 690690

Lancashire ConstabularyPO Box 77HuttonNr. PrestonPR4 5SB Tel: 01772 614444

Leicestershire ConstabularySt. JohnsNarboroughLeicesterLE9 5BXTel: 0116 222 2222

Lincolnshire PolicePO Box 999LincolnLN5 7PHTel: 01522 532222

London, Metropolitan PoliceNew Scotland YardBroadwayLondonSW1H 0BGTel: 0207 230 1212

London, City Of, Police26 Old JewryLondonEC2R 8DJTel: 0207 601 2222

Merseyside PolicePO Box 59LiverpoolL69 1JDTel: 0151 709 6010

Norfolk ConstabularyOperations and Communication CentreFalconers ChaseWymondhamNorfolkNR18 OWWTel: 01953 424242

Northamptonshire PoliceWootton HallNorthamptonNN4 0JQ Tel: 01604 700700

Northumbria PolicePontelandNewcastle upon TyneNE20 0BLTel: 01661 872555

North Wales PoliceColwyn BayLL29 8AWTel: 01492 517171

159


North Yorkshire PoliceNewby Wiske HallNorthallertonDL7 9HATel: 01609 783131

Nottinghamshire PoliceSherwood LodgeArnoldNottinghamNG5 8PP Tel: 0115 967 0999Fax: 0115 967 2719

South Wales PoliceBridgendCF31 3SUTel: 01656 655555

South Yorkshire PoliceSheffieldS3 8LYTel: 0114 220 2020

Staffordshire PoliceCannock RoadStaffordST17 0QGTel: 01785 257717

Suffolk ConstabularyMartlesham HeathIpswichIP5 7QSTel: 01473 613500

Surrey PoliceMount BrowneSandy LaneGuildfordGU3 1HGTel: 01483 571212

Sussex PoliceMalling HouseChurch LaneLewesBN7 2DZTel: 0845 6070999

Thames Valley PoliceKidlingtonOxonOX5 2NXTel: 01865 846000

Warwickshire ConstabularyPO Box 4Leek WoottonWarwickCV35 7QB Tel: 01926 415000

West Mercia ConstabularyPO Box 55Hindlip HallHindlipWorcesterWR3 8SPTel: 01905 723000

West Midlands PolicePO Box 52Lloyd HouseColmore CircusQueenswayBirminghamB4 6NQTel: 0121 626 5000

West Yorkshire PolicePO Box 9WakefieldWF1 3QPTel: 01924 375222

Wiltshire ConstabularyLondon RoadDevizesSN10 2DN Tel: 01380 722341

Scotland

Central Scotland PoliceRandolphfieldStirlingFK8 2HDTel: 01786 456000

160


Dumfries & Galloway Constabulary Cornwall MountDumfriesDG1 1PZ Tel: 01387 52112

Fife ConstabularyDetroit RoadGlenrothesFifeKY6 2RJTel: 01592 418888

Grampian PoliceQueen StreetAberdeenAB10 1ZATel: 01224 386000

Lothian & Borders PoliceFettes AvenueEdinburghEH4 1RBTel: 0131 311 3131

Northern ConstabularyPerth RoadInvernessIV2 3SY Tel: 01463 715555

Strathclyde Police173 Pitt StreetGlasgowG2 4JSTel: 0141 532 2000

Tayside PolicePO Box 59West Bell StreetDundeeDD1 9JUTel: 01382 23200

Other

Police Service of Northern IrelandFirearms Licensing and Explosives BranchLisnasharragh42 Montgomery RoadBelfastBT6 9LD Tel: 028 9065 0222Fax: 028 9070 0946Email: [email protected]: www.psni.police.uk/farms/

Isle Of Man ConstabularyGlencrutchery RoadDouglasIM2 4RGTel: 01624 631212

Jersey PolicePO Box 789St HelierJerseyJE4 8ZDTel: 01534 612612

Guernsey PolicePolice HeadquartersSt Peter PortGuernseyGY1 2QNTel: 01481 725111



Title Number* Application for grant, renewal or variation of firearm certificate 101

* Firearm certificate 102

* Application for grant or renewal of a shot gun certificate 103

* Shot gun certificate 104

* Application for visitor’s firearm/shot gun permit 107

* Visitor’s firearm permit 108

* Visitor’s shot gun permit 110

* Permit to possess firearms or ammunition (authorised under section 7) 111

* Permit to possess shot guns (authorised under section 7) 112

* Auctioneer’s permit (for section 1 firearms) 113

* Auctioneer’s permit (for section 2 shot guns) 114

* Permit to remove from or to a ship, aircraft or aerodrome 115

* Application for registration as a firearms dealer 116

* Application for registration of additional place of business 116A

*** Certificate of registration of firearms dealer 117

*** Certificate of registration of additional place of business 118

*** Notice of sale or transfer of firearms and ammunition 119

*** Application to transfer firearms to N Ireland 120

*** Authorisation to transfer firearms to N Ireland 121

*** Authorisation to enter and inspect stock 122

*** Authorisation to inspect gun club premises 123

*** Application for approval of rifle and muzzle-loading pistol clubs 124

* Reference Form 125

** Police register of firearms dealers N/A

* Firearms dealer’s register of transactions N/A

* In the form prescribed, which must be followed.** Also prescribed, but form not available from the Stationery Office.*** Not prescribed, forms produced by the police.


Appendix 2LIST OF FIREARMS FORMS

Where the firearm is authorised for morethan one purpose, care must be taken toomit the word ‘only’ in the conditions.

An asterisk conditions specific firearms on acertificate but may be replaced by the phrase,“The firearms and ammunition…..” where asingle condition applies to all firearms (andammunition) on the certificate.

1. Quarry Shooting (for vermin, foxor deer)

• The *calibre RIFLE/COMBINATION/SMOOTH-BORE GUN/SOUNDMODERATOR and ammunition shall beused for shooting vermin and groundgame/fox/deer (delete as appropriate) andfor zeroing on ranges, or land deemedsuitable by the chief officer of police for the areawhere the land is situated and over which theholder has lawful authority to shoot.

(The words in italics may be omitted oncethe certificate holder has demonstratedcompetence. There is no set time for thisand each case should be considered on itsindividual merits.)

Automatic Condition for Section 1 ShotGuns for Clay Pigeon Shooting (once“good reason” for possession has beendemonstrated)

• The *calibre SMOOTH-BORE GUN mayalso be used for CLAY PIGEONSHOOTING.

Condition for Section 1 Rifle which is alsoto be used overseas

• The *calibre RIFLE and ammunition mayalso be carried when proceeding to orreturning from a port of embarkation.

2. Quarry Shooting – Birds with aSelf Loading Shot Gun

• The *calibre SMOOTH-BORE GUN shallbe used for SHOOTING BIRDS inaccordance with the purpose, terms andconditions of the general licence currentlyissued by the DEFRA under the provisionsof THE WILDLIFE ANDCOUNTRYSIDE ACT 1981.

3. Quarry Shooting – Roe Deer inScotland

• The *calibre RIFLE and ammunition/SOUND MODERATOR shall be used forSHOOTING ROE DEER as prescribedunder the Deer (Firearms etc.) (Scotland)Order 1985 on land in Scotland, andzeroing on ranges or any land in GreatBritain deemed suitable by the chief officer ofpolice for the area where the land is situated andover which the holder has lawful authorityto shoot.

(The words in italics may be omitted oncethe certificate holder has demonstratedcompetence. There is no set time for thisand each case should be considered on itsindividual merits.)

4. Quarry Shooting – Shot Pistols

• The *calibre SHOT PISTOL shall be usedonly in connection with SHOOTINGVERMIN WITHIN OR AROUNDBUILDINGS on land over which theholder has lawful authority to shoot.

5. Overseas Use

• The *calibre RIFLE shall be carried onlywhen proceeding to or returning from aport of embarkation. It shall not be firedin Great Britain.

163

Appendix 3CONDITIONS FOR FIREARM CERTIFICATES

or• The *calibre RIFLE and ammunition shall

be carried when proceeding to or returningfrom a port of embarkation and may bezeroed with non-expanding ammunition inGreat Britain on ranges where a safetycertificate for that class of firearm hasbeen issued by the Ministry of Defence.

6. Humane Killing of Animals

• The *calibre *PISTOL/REVOLVER/RIFLE shall be used (only) in connectionwith the HUMANE KILLING OFANIMALS (in their duties with*hunt/association1).

• The *calibre *PISTOL/REVOLVER,SOUND MODERATOR and ammunitionshall be used (only) in connection with theHUMANE KILLING OF HORSES at *racecourse1 whilst a member of the ARVS.

1 Insert name of hunt/association or racecourse.

7. Slaughtering

• The *calibre *SLAUGHTERINGINSTRUMENT and ammunition shall beused only for the SLAUGHTER OFANIMALS. The holder is authorised tohire or borrow an additional slaughteringinstrument in the event that the instrumentto which this certificate relates is notavailable for use.

8. Expanding Ammunition

• The certificate holder may possess,purchase or acquire expanding ammunition,or the missiles of such ammunition, in thecalibres authorised by this certificate anduse only in connection with:

(a) the lawful shooting of deer;(b) the shooting of vermin or, in

connection with the management ofany estate, other wildlife;

(c) the humane killing of animals;(d) the shooting of animals for the

protection of other animals or humans.

9. Target Shooting

• The *calibre *RIFLE/MUZZLE-LOADING PISTOL/REVOLVER andammunition shall be used for targetshooting, and only whilst a member of*club1, on ranges where a safety certificatefor that class of firearm has been issued bythe Ministry of Defence.

1 Insert name of Home Office Approved ShootingClub.

10. Target Shooting – Club Guns

• The firearms and ammunition shall be used(only) for target shooting on ranges wherea safety certificate for that class of firearmhas been issued by the Ministry ofDefence.

11. Target Shooting – Shot Guns

• The SMOOTH-BORE GUN/SOLIDSLUG shall be used for practical targetshooting:-

a. on ranges where a safety certificate forthat class of firearm has been issued bythe Ministry of Defence or:

b. over a course of fire approved by aqualified member of the UKPSA onland over which the holder has lawfulauthority to shoot.

Automatic Condition for Section 1 ShotGuns for Clay Pigeon Shooting (once“good reason” for possession has beendemonstrated)

• The *calibre SMOOTH-BORE GUN mayalso be used for CLAY PIGEONSHOOTING.

12. Target Shooting – Section 1 AirRifles

• The *calibre *AIR RIFLE shall be used onranges where a current safety certificate hasbeen issued by the competent authority.

164


13. Firearms of Historical Importance

“Small firearms” held under section 7(1)

• A firearm identified by an asterisk in Part1 or Part 2 of the certificate must bepossessed, purchased or acquired by theholder of the certificate only for thepurpose of its being kept or exhibited aspart of a collection. Notwithstandingprescribed condition (4), it is at all timesto be kept securely stored at *place1 unlesstransportation is authorised by the chiefofficer of police. Not to be fired.

“Small firearms” held under section 7(3)

• The *calibre *PISTOL/REVOLVER is tobe kept and used only at a place asdesignated by the Secretary of State undersection 7(3) of the Firearms (Amendment)Act 1997 namely, *place1.

1 Insert place of storage.

14. Collections

• A firearm or ammunition identified byan asterisk in Part 1 or Part 2 of thecertificate must be possessed, purchasedor acquired by the holder of the certificateonly for the purpose of its being keptor exhibited as part of a collection.

- Not to be fired. or- The *calibre *firearm and ammunition

may be used for target shooting, onranges where a safety certificate forthat class of firearm has been issuedby the Ministry of Defence.

15. Trophies of War

• The *calibre *RIFLE/PISTOL/REVOLVER shall possessed only as aTROPHY OF WAR. Not to be fired.

16. Signalling Apparatus

• The *calibre *PISTOL/LAUNCHERshall be used only for EMERGENCYSIGNALLING/BIRDSCARING purposes.

17. Controlling Races

• The *calibre *PISTOL/REVOLVERshall be used only in connection withCONTROLLING RACES at athleticsmeetings. The holder of this certificateshall recover the firearm(s) each day inwhich the firearm(s) is/are being used bypersons controlling the races.

• The *calibre *CANNON shall be usedonly for CONTROLLING RACES.

18. Historical Re-enactment

• The *calibre *CANNON/RIFLE/PISTOL/REVOLVER shall be usedonly WITH BLANK CHARGES ORBLANK AMMUNITION in connectionwith displays, battle re-enactments anddemonstrations under the supervision ofappointed officers of the * society1.

1 Insert name of society/societies.

19. Theatrical Use

• The *calibre *firearm shall be used only ina theatrical or television performance orthe rehearsal of such a performance or theproduction of a film. The holder of thiscertificate shall recover the firearm(s) aftereach performance, rehearsal or productionin which the firearm(s) is/are being usedby persons taking part.

20. Treating Animals

• The *calibre *firearm and ammunitionshall be used only in connection with thepurpose of tranquillising or otherwisetreating an animal. The holder is authorisedto hire or borrow additional equipment inthe event that the instrument to which thiscertificate relates is not available for use.

21. Young Shooters

• THIS NOTICE DOES NOT FORMPART OF THE CONDITIONS. Thecertificate holder may not purchase or hireany firearm or ammunition prior to *date1

when he/she will attain the age ofseventeen years.

1 Insert date of the holder’s 17th birthday.




Appendix 4YOUNG PERSONS AND FIREARMS LAW

Under 17 Under 15 Under 14

1. Purchase any firearm or ammunition ✖ ✖ ✖

2. Possess section 1 firearm ✔ ✔ ✖

Exemptions 1,2,3 (see below)

3. Receive gift of section 1 firearm ✔ ✔ ✖

4. Possess assembled shot gun ✔ ✖ ✖

Exemptions 4,5 (see below) 4,5 (see below)

5. Receive shot gun as gift ✔ ✖ ✖

6. Possess air weapon✔ ✔ ✖

Exemptions 2,3,4 (see below)

7. Receive air weapon as gift ✔ ✔ ✖

8. Possess air weapon in public place ✖ ✖ ✖

Exemptions 2,3,5 (see below) 2,3,5 (see below) 2,3,5 (see below)

Exemptions

1. Carry for sporting purpose.

2. Rifle/Pistol Club or cadet corps

3. Miniature rifle range.

4. Under supervision of someone 21 years or over.

5. Secure gun cover (but this exemption is not available in respect of air pistols).

Breech-loading firearms originally chamberedfor the following ammunition, and whichretain that original chambering, should beregarded as benefiting from exemption asantiques under section 58(2) of the FirearmsAct 1968.

[NOTES]

1. All the cartridges listed are centre-fire.

2. The chances of the survival of morethan a tiny number of most of thesecartridges – or of the arms which theyfit – are very low indeed. But thosefirearms listed in bold may survive insome quantity.

3. Each cartridge in the list is followed byinitials referring to a published sourcewhose description may be accepted asthe norm for each round. These are asfollows

B – “Cartridges of the World”, by Barnes

D – “Cartridges for Collectors”, by Datig(three vols)

ECRA-“European Cartridge ResearchAssociation Data Viewer”

E&B – “Manual of Pistol and RevolverCartridges”, by Erlmeier and Brandt

H – “The History and Development ofSmall Arms Ammunition”, by Hoyem(volumes two and three)

Hu – “Military Rifle and Machine GunCartridges”, by Huon

W&M – “Pistol and Revolver Cartridges”,by White & Munhall, single volume editionby Bearse.

Bold type is used to describe those obsoletecalibres for which firearms may be found insome quantities. This list will be reviewed andupdated as necessary.

.22 Extra Long Maynard (B)

.22-15-60 Stevens (B)

.22CF (E&B)

.230CF (E&B)

.25/20 Single Shot (B)

.25/21 Stevens (B)

.25/25 Stevens (B)

.250 Rook (or .297/.250 Rook) (H)

.255 Jeffrey Rook (H)

.275 Jeffrey (H)

.276 Enfield P.13 (Hu)

.28/30/120 Stevens (B)

.297/.230 Sporting (H)

.297/.230 Morris (H)

.298 Minex (H)

.300 (.295) Rook (H)

.300 Sherwood (H)

.300/.250 Rook (H)

.30/30 Wesson (D)

.30/40 Wesson (D)

.310 Cadet (H)

.310 Greener

.31 Thuer

.310/.300 Rook (H)

.320/.230 Rook (H)

.32 Protector (W&M)

.32 Long Rifle CF (NB recommended forsection 58(2) in rifles only) (B).32/35 Stevens (D).32/40 Remington-Hepburn (D).32/40 Bullard (B).32/40 Winchester and Ballard (B).32 Ideal (B).32 – .44 Smith & Wesson (W&M)

167

Appendix 5ANTIQUE FIREARMS: OBSOLETE CALIBRES

.320 British (also known as the .320Revolver C.F., Short or Long) (W&M) .35/30 Maynard (B).35/40 Maynard (B).340 Short or Long Revolver (W&M).360 Thuer.360 Rook (also known as the .360 No. 5 )(H) (recommended for section 58(2) riflesonly) .360 shot gun.360 Westley Richards No.3 Express (H) .360 No.3 Gibbs (H).360 Gibbs No.4 (also known as the .380Gibbs No. 4).360/.300 Fraser (H).360 2 7/16 Black Powder Express (H).360 2 3/4 Boxer (H).369 Purdey (H).38/35 Stevens Everlasting (D).38/40 Ballard Everlasting (D).38/40 Remington-Hepburn (D).38/45 Bullard (D).38/70 Winchester (D).38/56 Winchester (D).38/90 Winchester (B).380 Black Powder Express (also known asthe .380-21/4 Rigby and .360-21/4) (H).380 Long Rifle (NB recommended forsection 58(2) in rifles only) (H).40/40 Maynard (B).40/.50-70 Caliber Reduction Exptl.(H) .400-2.5 inch Kynoch (H) .400-3.25 inch Boxer (H).400-3 inch Purdey (H).40/60 Marlin (D).40/60 Winchester (D).40/60 Maynard (B).40/70 Ballard (D).40/70 Sharps Necked (D).40/70 Sharps Straight (D).40/70 Maynard (B).40/70 WCF (B).40/72 Winchester (D).40/75 Bullard (D).40/82 Winchester (D).40/90 Bullard (D).40/90 What Cheer (D).40/50 Sharps Straight (D).40/65 Sharps Straight (D).40/65 WCF (D).40/90 Sharps Necked (D).40/40 Maynard (B).40/60 Maynard (B).40/63 Ballard (B)

.40/65 Ballard Everlasting (B)

.40/70 Maynard (B)

.40/70 Peabody What Cheer (B)

.40/85 Ballard (B)

.40/110 Winchester Express (B)

.400 2 3/4 Westley Richards (H)

.402 Enfield-Martini Exptl. (H)

.42/.50-70 Caliber Reduction Exptl. (H)

.425 Webley (H)

.425 Webley 1 5/16 (H)

.430 Long Rifle (also known as the .430 LongRevolver) (W&M) .430 Revolver (W&M).44 Thuer.44 Morse necked (H) .44-50 Meigs (H) .44 Dupee rimless (H) .44/60 Creedmore (D).44/77 Remington (D).44/90 Sharps 2 7/16 inch (D).44/90 Sharps 2 5/8 inch (D).44/90 Remington Special (B).44/95 Peabody What Cheer (B).44/100 Maynard (H).44 Evans Short and Long (B).44 Devilliers (W&M).440 Revolver (W&M).440 Long Revolver (W&M).440 Nagant (Argentine model) (W&M).442 Carbine 1.025" (H).442 revolver (also known as .44 Webley)(W&M).442 Long Revolver (W&M).44 Colt Revolver (W&M).44 Remington Revolver (W&M).44 S&W American (W&M).44 Merwin Hulbert Long (W&M).44 Merwin Hulbert Short (W&M).44 S&W Russian (W&M).45-85 Ward Burton Exptl. (H).45/.50-70 Caliber Reduction Expti. (H) .45 US Exptl, 1869 (H).45-200-500 Winchester Exptl. (H).45 Boxer-Henry Long Chamber 1869 (H).45 New South Wales Police Carbine (H).45 Gardner & Gatling (H).45 Mars Long (W&M).45 Mars Short (W&M).45 MP (very rare Maxim Pistol roundmentioned in the ‘Journal of the HistoricalBreechloading Smallarms Association’ Vol 2No 6 Page 24).450 No. 1 Bland (E&B).450 Soper 2.5 inch (H)

168


.450 Needham (H)

.450 No. 1 Musket (H)

.450/.360 Purdey (H)

.450/.350-2 3/8 inch (H)

.45/75 WCF (Hu)

.45 Brown Standard Military Target Rifle (D)

.45/50 Sporting (D)

.450/.400 Black Powder in case lengths of23/8", 27/8", 219/32" Thomas Turner No 2, 23/4"Westley Richards and 31/4". Also the .450.4003" Jeffrey (H).450 Black Powder Express in case lengthsof 11/2", 21/2", 29/16", 26/10", 3", 31/16" and31/4" (H).45/125 Winchester (B) .45 Turkish Peabody (also known as the11.43 x 55R Turkish) (B).46 Winchester (H) .461 Gibbs No. 1 (H) .461 Gibbs No. 2 (H) .476 Indian Police (H) .48 Morse (H).490 BSA (H).50/.58 Morse sleeved (H) .50 Morse (H).50 Meigs (H).50-.48 Meigs (H).50 Peabody (?) (H).50 Spencer Carbine (H).50 Springfield Cadet (H).50-70 Springfield (H).50 Daw’s Patent 1867 (H).50 Boxer 1867 (H).50/50 Maynard (B).50/70 Maynard (H).500/.450 Westley Richards No.2 Musket (H) .500-1.5 inch (H).500-2-25 inch (H).500-2.5 inch (H).500-3 inch (H).500-3.25 inch (H).500/.450 No.1 Carbine (H).500/.450 Webley Carbine (H) .500/-450-2.5 inch (H) .500/.450 No.1 Express (H) .500/.450-3 3/8 inch (H) .500/.450- 3.5 inch (H) .50 Remington Army Pistol, M1871 (W&M) .50 Remington Navy Pistol, M1867 (W&M) .50 Springfield Pistol, M1869 (W&M) .500 Revolver (W&M).50/95 Winchester (D).50-100 Winchester Express (D) .50-110 Winchester Express (D)

.50/115 Bullard (B)

.50/140 Sharps (B)

.52-70 Sharps (H)

.54 Morse (H)

.55 Morse (H)

.55 Gatling (H)

.55/100 Maynard (B)

.56-56 US Exptl. (H)

.577 Selwyn 1865 (H)

.577 Daw’s Patent 1867 (H)

.577 Snider (H)

.577/.450 Martini-Henry (H)

.577-2.25 inch (H)

.577 2.5 inch (H)

.577-2.75 inch (H)

.577/.500 No.2 Express (H)

.577/.500 Magnum Express (H)

.577 Pistol (W&M)

.58 Morse (H)

.58 US Converted Musket, 1865 (H)

.58 Remington Carbine (H)

.58 US Berdan System Conversion (11)

.58 Tibbals/Roberts 1869 (H)

.58 Roberts (H)

.60 Chinese Jingal (H)

.65 Gatling (H)

.69 Morse (H)

.75 Gatling (H)

.75 Chinese Jingal (H)

.80 Gatling (H)1 inch Nordenfelt-Palmcranz (H) 20 bore/.577 Alex. Henry (H)2.7mm Kolibri (W&M) 3mm Kolibri (W&M)4.25mm Liliput (W&M)5mm Bergmann NO.2 Pistol (W&M)5mm Charola-Anitua (W&M)5mm Clement (W&M)5mm Brun (E&B)5mm French (E&B)5mm Pickert (E&B)5.2mm Pickert revolver (W&M) 5.2mm Mondragon (Hu)5.2mm x 34R Kronprinz (D)5.43mm x 26.BR revolver (W&M) 5.5mm Velo-Dog revolver (W&M)5.6mm x 34R Francotte Carbine (D)5.6mm x 33 Rook (B)6mm Beaumont revolver (W&M)6mm Merveilleux (W&M)6mm Protector (W&M)6mm Lee Navy (Hu)6mm x 58 GewehrprufungskommissionM1897 (also 6 x 5 8 Forster’)

169


6mm x 58 Forster (B)6mm x 29.5 Stahl (D)6.3mm x 21 rimless (W&M)6.5mm Bergmann No.3 Pistol (W&M)6.5mm Mannlicher Pistol M.1894 (W&M)6.5mm Mondragon (Hu)6.5mm x 27R (D)6.5mm x 4OR (B)6.5mm x 48R Sauer (B)6.5mm Ronezewsky (E&B)6.6mm x 7OR (D)6.8mm x 19.6 Revolver (W&M) 6.8mm Schulhof pistol (W&M)7mm Bar (W&M)7mm Charola y Anitua (W&M)7mm French thick rim (W&M)7mm Galand (W&M)7mm Revolver (W&M)7mm CF Walking Stick7mm Devisme (E&B)7mm German Target Pistol Cartridges (Nos.46-49, E&B)7.25mm Adler (W&M)7.5mm x 53.5R Rubin (H)7.5mm x 53.5 Rimless Rubin (H)7.5mmx 53 Swiss Schmidt Rubin M.1890 (H)7.53mm x 60R Hebler (H) 7.65mm Frommer M. 1901 (W&M)7.65mm Roth-Sauer (W&M)7.7mm Bittner pistol (W&M) 7.7mm x 60R (D)7.8mm Bergmann No.5 (E&B)7.8mm x 19R Laumann (referred to inJ.HBSA Vol 2 No 6, as above)8mm German Target Pistol (No. 86, E&B)8mm Schonberger (W&M)8mm x 55R Petit Gras (H)8mm x 58R Petit Gras (H)8mm x 57R Petit Gras (H)8mm x 75R Pieri (H)8mm x 61R Rubin (H)8mm x 57.5R Rubin (H)8mm x 57R Spanish Exptl. (H)8mm x 60R Guedes and PortugueseKropatschek (H)8mm Gaulois pistol (W&M)8mm Bergmann No.1 pistol (D)8mm x 48R (D)8mm x 72R (D)8mm x 48R Sauer (B)8mm x 58R Sauer (B)8mm Bergmann No.4 (E&B)8mm Bergmann No.7 (E&B)8mm Bergmann-Schmeisser (E&B)

8mm Protector (E&B)8mm Raphael (E&B)8mm Schulof (E&B)8.15mm x 46R (Hu)8.15mm Mauser Experimental (ECRA) 8.3mm x 53.5R Rubin (H)8.5mm Mars (E&B)9mm x 5l.5R Rubin (H)9mm x 57R Rubin (H)9mm Devisme (E&B)9mm Moutier rimless-grooveless (E&B)9mm French Thick Rim (E&B)9mm Mars (E&B)9mm Belgian Nagant (W&M)9.1mm x 40 Walking Stick9.3mm x 58R Koeffler (H)9.3mm x 63.5R Koeffler (H)9.3mm x 70R (D)9.3mm x 75R Nimrod (D)9.3mm x 82R Nimrod (D)9.3mm x 65R Collath (B)9.4mm Dutch Revolver (W&M)9.5mm x 59R Gras Exptl. (H)9.5mm x 60R Turkish Mauser (H)9.5mm x 42R (D)9.5mm x 47R (ECRA)10mm x 47R (D)10mm Gaupillat (E&B)10mm Bergmann (E&B)10mm Mars (ECRA)10mm Mauser Short (E&B)10mm Mauser Long (E&B)10.15mm x 61R (H)10.15mm x 63R Serbian mauser (H)10.15mm x 61R Jarmann (H)10.16mm x 57R Berdan Exptl. (H)10.25mm x 69R Hunting-Express (B)10.3mm x 41R (H)10.3mm x 65R Baenziger (D)10.35mm x 47R Italian Vetterli (H)10.4mm x 56R Swiss (H)10.4mm x 42R Swiss Vetterli (H)10.4mm x 38R Martini-Galland (D)10.4mm Swiss M.1878 (W&M)10.4mm x 47R Stahl (D)10.6mm German Ordnance Revolver(W&M)10.6mm Mauser (W&M)10.66mm x 57R Russian Berdan (H)10.66mm x 48R Russian Berdan Carbine (H)10.7mm x 57R Krag Petersson (H)10.75mm x 55R (H)10.8mm x 47 Martini (B)11mm x 42R (H)

170


11mm x 45R (H)11mm x 53 Gevelot (H)11mm Manceux (H)11mm x 59R Gras (H)11mm x 48.5R Gras “Battalion Ecole” (H)11mm x 50.5R Comblain (H)11mm x 43R Comblain Carbine (H)11mm x 70R Mitrailleuse (H)11mm x 46R (H)11mm x 50R Egyptian Remington (H)11mm x 57R Spanish Remington (H)11mm Devisme (E&B)11mm French Ordnance Revolver M1870(Navy) (ECRA)11mm French Ordnance Revolver M1873(Army) (W&M) 11 mm Devilliers (W&M)11.15mm x 42R Austrian Werndl (H)11.15mm x 36R Austrian Werndl Carbine (H)11.15mm x 58R Austrian Werndl, Holub (seebelow) and Mannlicher (H)11.15mm x 36R Fruhwirth (H)11.15mm x 60R Mauser (H)11.15mm x 37R (H)11.15mm x 60R Japanese Murata (H)11.5mm x 50R (D)11.15mm x 58R 11.15mm x 65R (D)11.15mm x 71R (D)11.15mm x 52 Walking Stick11.2mm x 51R Kropatschek-Hessig (D)11.2mm x 39.6R (D)11.25mm x 44.5R (H)11.3mm x 51R Dutch Beaumont (H)11.35mm Schouboe (Rimmed and RimlessVersion) (W&M)11.4mm x 53R Brazilian Comblain (H)11.4mm x 44.5R Dutch Gendarmerie Carbine(H)11.4mm x 57R Spanish Remington (H)11.43mm x 49R Romanian Peabody (H)11.43mm x 59R Turkish Peabody-Martini (H)11.43mm x 41R Peabody Carbine (H)11.5mm x 50R Austrian Werder (H)11.5mm x 35R Werder Carbine (H)11.5mm x 60R (D)11.53mm Albini-Braendlin (H)11.6mm x 50R Chilean Comblain (H)11.7mm x 57R Berdan Exptl. (H)11.7mm x 41.5R Danish Remington (H)11.7mm x 45.5R Danish Remington (H)11.7mm x 51.6R Danish Remington (H)12mm Perrin Thick Rim (E&B)12mm Raphael (E&B)

12mm Moutier (E&B)12mm Pidault & Cordier (E&B)12.2mm x 70R Mitrailleuse (H)12.5mm x 60R (D)12.7mm x 48R (H)12.7mm x 70R Mitrailleuse (H)12.8mm x 45R Papal Remington (H) (alsoknown as the 12.7mm x 45R)13mm x 87R Mitrailleuse (H) 13mm Rochaz-Lindner (H)13mm x 92 Mauser T-Gew (H)13.2mm x 32R (H)14.5mm x 33R Austrian Wanzl (H)14.5mm x 41R Spanish Berdan (H)14.66mm x 35R Serbian Peabody (H) 14.7mm x 58R Schneider (H) 15mm revolver (W&M)15.2mm x 110R Mitrailleuse (H)15.2mm x 28R (H)15.24mm x 40R Krnka (H)16.5mm x 18R Beringer (E&B)17mm Danish Snider (Hu)17.5mm x 29R Dutch Snider (Hu)18mm x 35R Tabatiere (H)18.84mm x 38R Tabatiere (H)18.84mm x 57R Wanzl-Albini (H)



For inclusion with all registrations:

i) Reasonable measures shall be taken tomaintain the safekeeping of all firearmsand ammunition dealt with or kept in thecourse of the registered firearms dealer’sbusiness.

Additional conditions to be imposed inindividual cases:

ii) All firearms shall be * (secured in alocked rack) (kept fastened together bymeans of a chain/approved security cordpassing through the trigger guards andanchored to the frame or rack in whichthe firearms are secured) and shall notbe removed unless this is necessary fora particular purpose connected withthe certificate holder’s business as afirearms dealer.

(* Delete the words in brackets which are notapplicable)

iii) All handguns shall be kept in a lockedsafe and shall not be removed unless thisis necessary for a particular purposeconnected with the certificate holder’sbusiness as a firearms dealer.

iv) Ammunition shall be kept separatelyunder lock and key.

v) Glass panels of doors shall be covered bysteel grilles and windows shall be barred.

vi) The holder of this certificate shall notifythe chief officer of police in writing if atany time he/she commences dealing infirearms to which section 1 of theFirearms Act 1968 applies.

vii) The holder of this certificate shall notifythe chief officer of police in writing if atany time he/she commences dealing infirearms other than flare signal pens.

viii)No firearms or ammunition shall behandled or stored at the registeredpremises without prior notice to thechief officer of police.

(This condition should be used in respect of dealerswho do not physically handle firearms orammunition).


Appendix 6CONDITIONS FOR REGISTRATION OF FIREARMS DEALERS

Conditions of Security

Firearms Act, 1968, Amendment Acts 1988 &1997

The Firearms Rules, 1998 state “firearms orshot guns to which a certificate relates must be storedsecurely at all times so as to prevent, so far as isreasonably practicable, access to the guns byunauthorised persons.”

A registered firearms dealer certificate isconditioned to require that “Reasonable measuresshall be taken to maintain the safekeeping of allfirearms and ammunition dealt with or kept in thecourse of the registered firearms dealer’s business.”

Auctioneers, carriers and warehousemen arerequired by the Firearms Amendment Act,1988 to “take reasonable precautions for the safecustody of the firearms and ammunition in his or hisservants possession in the course of his business.”

Conditions on an Authority of the Secretaryof State for the holding of weapons etc towhich section 5 of the 1968 Act applies,include “that the prohibited weapons are stored atno place other that the company premises at [ ]under secure conditions as agreed with and satisfactoryto the chief officer of [ ] police”, and “that theprohibited weapons are transported under secureconditions agreed with and satisfactory to the chiefofficer of [ ] police.”

One of the conditions for Home Officeapproved rifle and muzzle loading pistol clubsrequires that “the security arrangements for thestorage of club firearms and/or ammunition are tothe satisfaction of the chief officer of police for thearea or areas in which the firearms and/orammunition are stored.”

The requirements for a museum firearmlicence include that: “the Secretary of State shallnot grant a licence unless, after consulting the chiefofficer of police for the area; he is satisfied that thearrangements for exhibiting and keeping firearms andammunition in question are or will be such as notto endanger the public safety or the peace. A licenceshall be subject to such conditions specified in it asthe Secretary of State thinks necessary for securingsafe custody of the firearms and ammunition inquestion.”

General Construction & Standards

These specifications are an indication of therelative construction/fabrication of items thatwould provide the resistance sought in theirgiven application. It is quite possible toproduce an acceptable level using alternativestrategies, materials or their application.

The test is whether the alternatives on balance provideresistance which can equate to that provided by thecontained specification. The Standards quoted in thisdocument should provide a base line for these.Certain of these standards provide testing measuresfor resistance or deterrence against which the overallprevention of the theft of the firearm(s) can beassessed. Summaries of the appropriate standards arefound in Appendix E of the “Firearm SecurityHandbook”.

Certain recommendations in this sectioninvolve structural adaptation. You should beaware that there is a need to ensure that anyrecommendation made will not cause anyproblems in relation to load bearing of floorsor walls that may cause damage. It isimportant that applicants are advised thatprofessional advice should be sought beforeembarking on projects of this nature.

173

Appendix 7GUIDANCE ON SECURE KEEPING OF FIREARMS

When proposing security for domestic and commercialpremises, no requirements can be implemented thatcompromise the provisions for safe exiting from suchpremises, required in both the Building and FireSafety controls.

The style of security required must be reasonable foreach situation.

Cabinets:

Cabinet which may be considered to besuitable for the security of the firearms, shotguns and ammunition should be expected toprovide the resistance equal to:

A cabinet manufactured and fitted ascertified to comply with BS7558:1992

Or

A cabinet fabricated to the following:

Sheet steel body of not less than 2 mm(14 swg), formed by either folding,continuous welding or a combinationof these methods

When fabricating the body, the doorcase should be constructed to providea continuous rest plate the length ofthe opening edge to prevent thethrough insertion of hacksaw blades toattack the lock bolts

The door frame may be formed byreturn bending of the body steel or theprovision of a bar or angle frame,welded to the carcass with sufficientrelief to the edges to provide for doorlocking and hanging. The frame shouldbe designed so that the door, whenclosed, can resist attempts to forceit inwards

Doors should be formed from the samematerial with either bent, folded or postformed edges, or the provision of abracing frame of bar or angle steel, orribs welded to the inside of the door toprevent the flexing or bending of thedoor when closed.

Doors hung on:

Hinges internally fitted.

Hinges externally fitted, with eitherhinge bolts, anti-bar plates orinterlocking formed door edge alongthe hanging edge of the door.

Swivel bars or rods with return foldanti-bar plate. The frame should befabricated to prevent, so far aspossible, the insertion of tools to cutthe pins.

At least two steel pins of 12 mm diaor full width welded steel foot platenot less than door thickness – for slotin type doors.

Secured by:

Locks to BS3621 or 7 lever safe lockswith not less than 38 mm x 9 mmcross section steel bolts.

Locks in the approved list underHELA Tech Doc 26/5.

Locks specified above should bemounted on steel brackets or pockets,providing strength equal to that of thedoor and welded to the door.

Padlocks not less than grade 4 of thedraft CEN 12320:1997. Close shackleshould be selected on open ring orplate staples.

Hinged full length doors for rifles/shotguns, should be fitted with two lockingdevices fitted at points to divide thelocking edge into equal parts.

On slide in, fully braced doors, the numberand location of the lock(s) will bedetermined by the degree of absence offlexing in the door.

Padlocks should have steel staples,hasp/staple, or padbars fabricated toequate to the protective strength of thelock.

174


Provision of at least 4 fixing holes to takenot less than 10 mm diameter fasteningdevices. The holes to be spaced to providemaximum binding of cabinet to structure.

When ammunition or firing mechanismsare to be kept separate from the weapons,a smaller cabinet of similar constructionor a separately lockable container, either asan extension of the cabinet, or internallyfabricated, can be manufactured.

Safes

Commercially manufactured safes may beconsidered suitable for the securing offirearms. Even early models, if tight andin good condition can provide physicalprotection that would be above that expectedon a cabinet constructed to BS7558. Thefollowing considerations should be appliedas appropriate:

Safes weighing less than 20 cwt should besecured to the floor in accordance with themanufacturers instructions, or in the caseof one already possessed, that from amanufacturer or safe engineer.

Safes have a considerable floor loadingimplication. Advice must be sought for anyproposal to fit a safe on other than a solidground floor.

To protect those safes with thinner platebacks, they must always be installed withthe back against a solid wall or be builtinto a wall or recess to prevent attackat the rear.

Where the safe is secured by drivenboltwork, a single key lock or dial lock(either combination or digital) is oftenprovided. Unless there is some particularrequirement, double locking would notbe necessary.

Clamps:

Clamps which may be considered to besuitable for the security of a single firearmor shot gun should be:

Steel plate construction, not less than 2mm (14 swg), all external joints to be seamwelded or of bend construction.

Secured by a lock to BS3621; 7 lever safelocks with not less than 38 mm x 9 mmcross section steel bolts; a lock on theHELA Tech doc 26/95; security padlocksnot less than grade 4 of the draft CEN12320:1997.

Configured to enclose firearm action andtrigger(s).

Provided with at least two fixing pointsto allow fixing devices not less than

10 mm diameter being used.

Fixed in such a location to frustrate attackon the fixings.

Information on other security provisionsare contained in the “Firearm SecurityHandbook”.



1. The requirements for the taking offirearms (including air weapons) toNorthern Ireland by persons in GreatBritain are as follows:

Bullet Firing Weapons and SpeciallyDangerous Air Weapons (Section 1Firearms)

2. Such weapons may be taken into NorthernIreland provided that the visitor holds avalid Great Britain firearm certificate inrespect of that weapon and a validCertificate of Approval issued by theChief Constable of the Police Serviceof Northern Ireland.

Shot Guns

3. Such weapons may be taken into NorthernIreland provided that the visitor holds avalid Great Britain shot gun certificate anda valid Certificate of Approval issued bythe Chief Constable of the Police Serviceof Northern Ireland showing a fulldescription of the shot gun in question.

Air weapons other than speciallydangerous ones

4. Such weapons may be taken into NorthernIreland provided that the visitor holds avalid Certificate of Approval issued by theChief Constable of the Police Service ofNorthern Ireland showing a full descriptionof the air weapon in question.


Appendix 8TAKING OF FIREARMS (INCLUDING AIR WEAPONS) TONORTHERN IRELAND BY VISITORS FROM GREAT BRITAIN

1. A person or registered firearms dealer inGreat Britain wishing to send firearms towhich section 1 of the 1968 Act appliesor ammunition for section 1 firearms toa person or a registered firearms dealer inNorthern Ireland should obtain firearmsform 120 (Application to transferfirearms to Northern Ireland) fromtheir local police and complete bothpages. A separate application formshould be completed for each firearmor consignment of ammunition whichit is proposed to send to NorthernIreland.

2. The completed form should be returned tothe chief officer of police in Great Britainfor the area from which the firearms orammunition are to be removed. Dealersshould also, if possible, forward to the chiefofficer a copy of the certificate of registrationof the firearms dealer in Northern Ireland.

3. The police should check that the form hasbeen correctly completed and that theinformation given corresponds with anyinformation in police firearms records.They should also clarify with the applicantany queries or doubts about thetransaction. The police should ensure asfar as possible that if a Northern Irelanddealer is involved they are authorised toreceive the consignment in question. Abrief acknowledgement of the applicationmight be sent to the applicant.

4. Where chief officers of police decide toauthorise the removal (see also note belowabout security in transit), they shouldcomplete part 1 (except section 4), thetop part of part 2 and schedules 3 and4 as necessary of firearms form 121(Authorisation to transfer firearms toNorthern Ireland). Any conditions

imposed should be inserted whereindicated at the end of the form.

5. Once this has been done, the followingdocuments should be sent immediately tothe Police Service of Northern Ireland,Firearms Licensing and Explosives Branch,Lisnasharragh, 42 Montgomery Road,Belfast BT6 9LD by first class mail or byfax (028 9070 0946), with copies beingretained for record purposes:

• the firearms forms 120 and 121; and,if appropriate,

• a copy of the certificate of registrationof the firearms dealer in Great Britain.

6. On receipt of the forms, the Police Serviceof Northern Ireland will make theappropriate local enquiries of the dealer orother consignees. The Chief Constable ofthe Police Service of Northern Ireland,where it is decided to authorise theremoval, will complete the lower partof part 2 on firearms form 121 and ifnecessary impose conditions on theremoval. The forms will then be returnedto the chief officer in Great Britain.

7. If both the Chief Constable of the PoliceService of Northern Ireland and the chiefofficer in Great Britain authorise theremoval, the chief officer in Great Britainshould then complete section 4 of part 1of firearms form 121, showing the dateafter which the authorisation shall cease tohave effect. The period allowed should besufficient to enable the removal to takeplace. It is unlikely that a period exceedingtwo months would normally be necessary,other than in exceptional circumstances.Firearms form 121 should then be issuedto the applicant and a copy sent to thePolice Service of Northern Ireland.

177

Appendix 9APPLICATIONS TO REMOVE FIREARMS/AMMUNITIONFROM GREAT BRITAIN TO NORTHERN IRELAND(INCLUDING REGISTERED FIREARMS DEALERS)

8. A copy of the certificate of registration ofthe firearms dealer in Northern Irelandshould be retained by the police in GreatBritain for filing and destruction in duecourse. Copies of Northern Irelandfirearms dealers’ certificates of registrationshould not be sent to the Chief Constableof the Police Service of Northern Ireland.

9. Where either police force in question is notprepared to authorise the removal, then theapplication must be refused. Notice ofrefusal should be sent to the applicant bythe local chief officer and a copy sent tothe Police Service of Northern Ireland.

Note: The answer to questions 12 and 13 on form120 will give information to enable the PoliceService of Northern Ireland and the appropriatechief officer in Great Britain to consider theapplicant’s arrangements for transport and securityin transit.


Appendix 9APPLICATIONS TO REMOVE FIREARMS/AMMUNITION FROM GREAT BRITAINTO NORTHERN IRELAND (INCLUDING REGISTERED FIREARMS DEALERS)

The information provided in the form ofapplication (Form 120) will enable a chiefofficer of police to impose certain conditions,as listed below, in the space provided for thatpurpose in Part I (a) of Form 121.

(i) The firearms and ammunition specified inthe schedule below shall be removed onlyto…….. (insert name and address of consigneeand, where the consignee is a registered dealer,the name of the business and business addressif any).

(ii) The firearms and ammunition specified inthe schedule below shall only be removedby…… (insert method of transportation).

(iii) The firearms and ammunition specifiedin the schedule below shall be removedby the following route………………(insert route by which consignment will travel)

(iv) During the removal to which thisauthorisation relates the firearms andammunition specified in the schedulebelow shall be…… (insert securityarrangements for transportation).

(v) During the removal to which thisauthorisation relates the firearms andammunition specified in the schedulebelow shall be…… (insert methodof packing).


Appendix 10CONDITIONS FOR AUTHORISATION TO REMOVEFIREARMS AND AMMUNITION FROM GREAT BRITAINTO NORTHERN IRELAND

(i) The holder must, on receipt of thispermit, sign it in ink with their usualsignature.

(ii) The holder of this permit must informat once the chief officer of police bywhom this permit was granted of thetheft, destruction, deactivation or lossin Great Britain of any firearm orammunition (shot gun) to which itrelates and/or the theft, loss ordestruction in Great Britain ofthis permit.

(iii) The holder of this permit must, withoutundue delay, inform the chief officerof police by whom this permit wasgranted of any change in their notifiedarrangements insofar as it relates tothe grant of this permit.

(iv)

(a) The firearm and ammunition(shot gun) to which this permitrelates must at all times (exceptin the circumstances set out inparagraph (b) below) be storedsecurely so as to prevent, so far asis reasonably practicable, access tothe firearm or ammunition (shotgun) by an unauthorised person.

(b) Where a firearm or ammunition(shot gun) to which this permitrelates is in use or the holder of thepermit has the firearm (shot gun)with them for the purpose ofcleaning, repairing or testing it orfor some purpose connected withits use, transfer or sale, or thefirearm or ammunition (shot gun)

is in transit to or from a place inconnection with its use or any suchpurpose, reasonable precautionsmust be taken for the safe custodyof the firearm or ammunition(or shot gun).

(v) The holder of this permit must, onwritten request, return the permit to thechief officer of police without delay.

(vi) The firearm(s) and ammunition to whichthis permit relates shall be used only at[place of event/use or event(s)] [name ofevent(s)/competition(s)] or target shootingon ranges where a safety certificate forthat class of firearm has been issued bythe Ministry of Defence.

(vii) The firearm(s) and ammunition towhich this permit relates shall be usedonly on [land over which shooting isto take place].

(viii) The firearm(s) and ammunition to whichthis permit relates shall be used only on[land over which shooting is to take place] andon other land over which the holder haslawful authority to shoot.

The following is required as a standardcondition for a shot gun visitor’s permit:

(ix) The holder of this permit must, withoutundue delay, inform the chief officerof police who issued the permit of thedetails of any shot gun which theholder has purchased or otherwiseacquired; and must enter the detailsof each such shot gun in theappropriate part of this permit.


APPENDIX 11CONDITIONS FOR VISITOR’S FIREARM OR SHOTGUN PERMIT

The following 15 nations are members ofthe EU:

• Austria• Belgium• Denmark• Finland• France• Germany• Greece• Ireland• Italy• Luxembourg• Netherlands• Portugal• Spain• Sweden• United Kingdom


Appendix 12EUROPEAN UNION (EU) MEMBER STATES

There are 4 categories of weapons under theEC Directive:

CATEGORY A

1. Explosive military missiles and theirlaunchers.

2. Automatic firearms.

3. Firearms disguised as other objects.

4. Ammunition with penetrating (armour-piercing), explosive or incendiaryprojectiles, and the projectiles for suchammunition.

5. Pistol and revolver ammunition withexpanding projectiles, and the projectilesfor such ammunition, except in the caseof weapons for hunting or target shooting,for persons entitled to use them.

CATEGORY B

1. All handguns and short rifles, carbinesand smooth-bore guns with a barrel notexceeding 115/6 inches (30 cm) or anoverall length not exceeding 23.6 inches(60 cm) except single shot rimfire pistolswith an overall length of 11 inches (28 cm)or more.

2. All semi-automatic rifles and smooth-bore guns:

(i) with a magazine and chamber whichcan together hold more than 3 rounds;or

(ii) where the magazine and chambercannot together hold more than 3rounds but could be converted to alarger capacity with ordinary tools; or

(iii) with a detachable magazine; or

(iv) in the case of smooth-bore guns,which have a barrel of less than 24inches (60.96 cm); or

(v) which resemble automatic weapons.

3. Repeating (that is, pump-action, bolt-action, lever-action) and other manuallyloaded, smooth-bore guns, and smooth-bore revolver guns, with a barrel of lessthan 24 inches (60.96 cm).

CATEGORY C

1. Repeating (that is, pump-action, bolt-action, lever-action) and other manuallyoperated rifles and single shot rifles.

2. Repeating (that is, pump-action, bolt-action, lever-action) and other manuallyloaded, smooth-bore guns, and smooth-bore revolver guns, with a barrel of notless than 24 inches (60.96 cm).

3. Semi-automatic rifles and smooth-boreguns:

(i) where the magazine and chambertogether cannot hold more than 3shots and which cannot be convertedto a larger capacity using ordinarytools, for example smooth-bore gunswhich have been adapted in accordancewith section 2(3) of the 1988 Act: and

(ii) which do not have a detachablemagazine; and

(iii) which do not resemble fully automaticweapons; and

(iv) which, in the case of smooth-boreguns, have a barrel of not less than 24inches.

4. Single-shot rimfire pistols with an overalllength of more than 11 inches (28 cm).

5. Any shot gun with a magazine.

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Appendix 13 CATEGORIES OF WEAPONS UNDER THE 1991 ECDIRECTIVE (91/477/EEC) ON CONTROL OF THEACQUISITION AND POSSESSION OF WEAPONS

CATEGORY D

Any shot gun without a magazine.

This includes single-barrel, single-shot, overand under and side by side shot guns, or anymulti-barrelled shot guns which can only fireone shot from each barrel without reloading.


Appendix 13 CATEGORIES OF WEAPONS UNDER THE 1991 EC DIRECTIVE (91/477/EEC)ON CONTROL OF THE ACQUISITION AND POSSESSION OF WEAPONS

This is not intended to be a definitive index of the entire contents of the Guidance but it willhelp users find their way around this extensive document. It should be read in conjunctionwith the chapter and appendix headings (and sub-headings).

AAddress (change of): 10.31 (iii), 10.46, 11.13 (iii), 11.14

Age limits see young persons

Air weapons: Ammunition 2.26 (i), 5.11 (b), 28.22 (iv)Exemptions 2.26 (i), 5.11 (a)Import 28.22 (iii)Northern Ireland 26.2Offences 2.27, 22.11, 23.6Proof 24.1Quarry shooting 13.15, 13.19Section 21 2.27Sound moderators 13.71Young people 7.2 – 7.4, 7.10 – 7.12

Alarm guns: 2.28, 24.1

Ammunition: Air weapons 2.26 (i), 5.11 (b), 28.22 (iv) Birdscaring 6.46, 13.60Certificate entries 10.39 – 10.40Definition 2.9, 3.17Historic handguns 9.35Imports 28.20 (iii), 28.22 (iv), 28.22(vii) Quantities 4.8, 13.21, 13.23, 13.28, 13.47Re-enactment 13.64Section 5 3.2 (viii), 3.2 (x),

3.2 (xii) – 3.2 (xv), 3.10,3.12 -3.16, 13.51

Security 19.26, 19.36 – 19.37 Shot guns 2.26 (iii), 5.2, 5.11 (c), 5.12,

11.4, 15.2, 27.2 (b), 28.22 (i)Trophies of war 13.55

Antiques: Chapter 8Definition 2.25Historic handguns 9.4 – 9.5, 9.21 (v)Imports 28.23Mortars 3.8

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Obsolete calibres Appendix 5Possession 5.2Re-enactment 13.64Security 19.35Surrender/disposal 25.7Target shooting 8.4, 13.53

Appeals: Chapter 21Ammunition quantities 10.40Article 7 authority 29.34Certificate application 10.18, 10.27, 10.43, 11.11,

11.17, 12.6, 21.5Conditions 21.5General 21.5 – 21.9Police records 10.60, 10.62Revocations 10.32, 10.53, 10.58, 11.20,

11.23, 12.6, 21.5RFD registers 16.9 – 16.10, 16.31,

16.33 – 16.34, 21.5Visitors’ permits 27.17

Armed forces: Crown servants 6.4 – 6.7Fees 13.73, 20.9Good reason 13.73Service premises 6.18Visiting 6.8

Armoured fighting vehicles: 13.51, 13.64

Arrest: 23.9 – 23.10

Article 7 authority: General 29.4 (b), 29.26Issue 29.27 – 29.31Revoke/cancel 29.32 – 29.34Variation 29.32

Auctioneers: Loss 6.20Possession 6.19Safe custody 6.20Sale/permits 6.19, 6.23, 15.4 Section 5 6.21 – 6.22

BBadgers: see quarry shooting

Birdscaring: Ammunition 6.46, 13.60Conditions Appendix 3Fees 6.45- 6.46Good reason 13.59 – 13.60Possession 6.45Section 5 6.46

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Blank cartridges: 2.26 (iv), 5.11 (d), 28.22 (ii)

Blow pipes: 3.2 (vii), 3.9, 13.67

Borrowed rifles: Ammunition 6.17Possession 6.16

British Transport Police: 6.4

Bullets/missiles: 3.2 (xv), 3.17

Butchers: 6.25 – 6.26

CCadet corps: Clubs 18.28

Crown servants 6.9Young people 7.9

Camouflage: 3.11

Cancelled certificates: 10.62, 11.22, 21.2 (a) – 21.2 (b),23.13, 29.18

Captive bolts: 2.28, 13.38

Carbines: 3.2 (ii), 3.4

Carriers: Loss 6.20Northern Ireland 26.13Possession 5.3, 5.22, 6.19Safe custody 6.20Section 5 6.21 – 6.22

Cattle prods: 3.9

Certificates: see firearm certificates and shot guncertificates

Exemptions Chapter 6Northern Ireland 6.12, 26.3 – 26.5Production 5.21 – 5.22, 6.2, 23.8Recovery 10.64, see also revocationsSurrender/disposal 25.6Young people 7.6, 7.14, 7.17 – 7.19

Channel Islands: 1.8, 29.2

Clay pigeon shooting: 6.15, Appendix 3

Clubs: Chapter 18Approval criteria 18.13Approval procedure 18.4 – 18.8, 18.17 – 18.18Cadet corps 18.28

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Certificates 13.43Countersignatories 10.14, 11.7 (b)Disclosure information 18.15 – 18.16Exemptions 18.2Extension of approval 18.25Fees 18.19, 18.25, 20.4Good reason 13.43, 18.23Inspections 18.23Name changes 18.20, 18.22Police records 18.27Ranges 18.9 – 18.11, 18.13 (11), 18.14 (3),

18.18, 18.20 – 18.21, 18.23Renewals 18.19, 18.26School clubs 18.14Security 18.8, 18.12, 18.13 (12)Transport 18.12, 22.15Variations 18.19Withdraw approval 18.24Young people 7.3, 7.9, 7.11

Collectors: Antiques 8.4Conditions Appendix 3Disguised shot gun 11.15EFPs 27.4 (b), 29.19 (b), 29.24 (c)Good reason 13.51 – 13.54Historic handguns 9.4, 9.7, 9.16 – 9.18, 9.21, 9.28Museums 13.54, 17.4Purchase by visitor 27.22 (d), 29.38 – 29.39RFDs 13.54Section 5 3.29, 13.51

Component parts: Good reason 13.69 – 13.70Import 28.20 (ii)

Security 19.26 – 19.27, 19.32, 19.35, 19.48,19.50

Conditions: see firearm certificates, good reason, security,shot gun certificates, visitors’ permits andAppendices 3, 6 and 11

Conversions: Imitations 22.2 – 22.3, 22.5Section 1 2.31 – 2.32Section 5 2.29 – 2.30

Convictions: see also section 2110.4, 11.5, 11.11, 12.5, 12.16

Co-operation: 12.12 – 12.13

Co-terminous certificates: 10.44, 11.7 (a), 11.18

Countersignatories: see RFDs and shot gun certificates

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Crashed military aircraft: 13.57

Crown Servants: Possession 6.4 – 6.9Purchase 6.5Section 5 3.27

CS sprays: 2.3, 3.2 (vii), 3.2 (viii), 3.9, 3.10

DDart guns: 3.2 (vii), 3.9, 13.67

De-activations: Definition 2.12 – 2.16Northern Ireland 26.2Notifications 5.17, 5.19, 10.31 (ii), 11.13 (ii)Re-enactments 13.63Specifications 2.13 – 2.15

Dealers: see RFDs

Deer: see good reason and quarry shooting

Deerstalking: see “deer” under good reason and quarryshooting

Expanding ammo. 3.30, 4.4 – 4.5, 4.7 – 4.8, 13.15, 13.28Signalling apparatus 13.59

Designated sites: see historic handguns

Destruction: Notifications 5.17. 5.19, 10.31 (ii), 11.13 (ii)RFDs 16.37

Dilapidated certificates: 10.47, 11.19

Disclosure of information: 16.40, 18.15 – 18.16

Disguised firearms: 3.2 (ix)

Display boards: 2.26 (v)

Disposal of firearms: Chapter 25Antiques 25.7Certificates 25.6Definition 25.2General advice 23.13, 25.3 – 25.6, 25.11Museums 25.7 – 25.8, 25.10Particular interest 25.8 – 25.11Permits 25.6, 25.8Police records 25.3Small firearms 25.9Storage 25.3

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Doctors: Certificate applications 10.19 – 10.23, 11.12, 12.9 – 12.10Fitness 10.24 – 10.25, 12.15, 12.9 – 12.10, Referees 10.12

Dogs: see good reason and quarry shooting

EEC transfer licences: Export licences 28.12 – 28.15

General 28.3Import licences 28.7 – 28.11Prior consent 28.3

EC Weapons Directive: Chapter 29, Appendices 12 and 13and also Article 7 authority, EuropeanFirearms Pass, export licences, importlicences and Weapons InformationExchange System

General 28.3 – 28.5, 29.2 - 29.4, 29.36

EU membership: Appendix 12

European Firearms Pass: General 28.4, 29.4 (b)Issue 29.5 – 29.11Other EU states 29.17Production 29.24 – 29.25Renewal 29.12 – 29.13Revoke/cancel 29.18Surrender 29.13Variation 29.14 – 29.16Visitors’ permits 27.4, 27.5, 27.10, 27.18, 28.4,

29.19 – 29.25

Expanding ammunition: Chapter 4Competition use 3.32, 4.7Conditions Appendix 3Definition 3.2 (xiv), 3.16, 4.2 – 4.3Exemptions 3.17, 3.30 – 3.31, 3.33, 4.4 – 4.8,

13.21, 13.23, 13.25, 13.28, 13.38, 13.51, 13.67

Overseas 3.32, 4.5, 13.35Quantities 4.8, 13.21, 13.23, 13.28RFDs 4.6Target shooting 3.32, 4.7

Explosive ammunition: 3.2 (viii), 3.2 (x), 3.2 (xi), 3.2 (xv),3.10, 3.12, 3.13, 3.17

Explosives: EC Directive 28.3Imports 28.27

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Export: Chapter 28 and also export licencesContacts 28.2Proof 24.3 (a)Shot guns 27.20 – 27.24

Export licences: EU 28.3 – 28.5, 28.12 – 28.15Non-EU 28.29 – 28.32Purchase shot gun 27.20 – 27.24RFD open licence 28.12Visitors’ permit 27.18

FFees: Chapter 20

Antiques 8.4Armed forces 13.73, 20.9Article 7 authority 29.27Birdscaring 6.45 – 6.46Clubs 18.19, 18.25, 20.4Co-terminous 10.44, 11.18Dilapidated 10.47, 11.19Doctors 10.12, 10.22EFPs 29.5Foreign representatives 10.29, 11.26, 20.10 – 20.11General 20.2Imitations 20.13Museums 17.11, 17.15Northern Ireland 26.9RFD registration 20.12Ships’ equipment 20.5 – 20.6Shot guns 20.11Signalling 6.44, 20.5 – 20.7Slaughtering 6.26, 13.40, 20.5 – 20.6Trophies of war 13.55, 20.8Variations 10.49, 10.51, 10.52, 20.3 – 20.5Visitors’ permits 27.6

Field Artillery: 13.51, 13.64

Film production: see theatre

Firearm: Definition 2.3, 2.28

Firearm certificates: Chapter 10, Appendix 3 and also feesAddress (change of) 10.46Applications 10.4 – 10.6Completion 10.36 – 10.40Conditions (additional) 10.32 – 10.35, Appendix 3Co-terminous 10.44Dilapidated 10.47Foreign representatives 10.29General 10.2 – 10.3Grant or refusal 10.4, 10.26 – 10.28, 12.2, 21.5Medical information 10.19 – 10.23, 12.15

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Police records 10.58 – 10.64, 12.13Prescribed conditions 10.31Referees 10.6 – 10.18Renewals 10.41 – 10.43, 10.45, 21.5Revocations 10.53 – 10.58, 21.5Section 5 10.30Variations 10.32, 10.48 – 10.52, 21.5Young persons 7.14, 7.15, 7.17 – 7.19

Firearms forms: Appendix 2

Fitness: Chapter 12Convictions 12.5, 12.16Co-operation 12.12 – 12.13Court order 5.7Criminal intelligence 12.6Foreign applicants 12.7Further enquiries 12.14 – 12.16General 10.12, 12.1 – 12.2, 12.16Intemperate habits 12.8, 12.16Revocations 12.2Security 12.11 – 12.12Section 21 12.4Unsound mind 10.24 – 10.25, 12.9 – 12.10, 12.15Visitors’ permits 27.8, 27.10

Flame throwers: 3.2 (vii), 3.9

Flares (distress): 13.59 – 13.60

Foreign representatives: 10.29, 11.26, 20.10 – 20.11, 27.19

Fox: see good reason and quarry shooting

Free-fall bombs: 3.12

GGame: see quarry shooting

Gift: see sale/transfer etc.

Good character: Definition 10.14

Good reason: Chapter 13Armed forces 13.73Collections 13.51 – 13.54Component parts 13.69 – 13.70Conditions 13.12, 13.14, 13.22 – 13.23,

Appendix 3Deer 13.28 – 13.32, 13.35, 13.36Dogs 13.14Fox 13.17, 13.23 – 13.24

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General 10.27 – 10.28, 11.9 (b), 13.2 – 13.7Humane killing 13.36 - 13.37, 13.40Land inspections 13.11, 13.13Named land 13.8 – 13.10, 13.12Other animals 13.25 – 13.26Overseas 13.33 – 13.35Personal protection 13.72Re-enactment 13.63 – 13.65Seals 13.27Shooting quarry 13.7 – 13.8, 13.14 – 13.35Signalling 13.59 – 13.60Slaughtering 13.37 – 13.40Small quarry species 13.14, 13.16 – 13.22Sound moderators 13.71Starting races 13.61 – 13.62Target shooting 13.41 – 13.49, 13.53Theatre 13.66Treating animals 13.67 – 13.68Trophies of war 13.55 – 13.58Visitors’ permits 27.9 – 27.11Wild boar 13.25, 13.35, 13.36Written authorities 13.4, 13.9 – 13.10, 13.30

Gun bearers: 6.30

HHighways (offence): 22.17

Hire: see sale/transfer etc.

Historic handguns: Chapter 9Certificates 10.5, 10.37Conditions Appendix 3Designated sites (kept) 9.19 – 9.33General 9.1 – 9.3, 9.5Home (kept) 9.7 – 9.18Legislation 9.4

Historical performance: 6.40, 13.63

Home visits: 10.3, 11.10

Hovercraft: 6.41, 15.4

Human rights: 1.9

Humane killing: Conditions Appendix 3Expanding ammo. 3.30, 4.4 – 4.5Good reason 13.36 – 13.37, 13.40, 13.67

Hunt servants: 3.33, 13.36

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IImitations: Examination 20.13

General 2.20Offences 2.21 - 2.23, 22.2 – 22.3, 22.5, 22.6,

22.7, 22.8 – 22.11, 22.16Re-enactment 13.63

Import: Chapter 28 and also import licencesContacts 28.2Proof 24.3 (b) – 24.3 (c)Section 5 28.9 – 28.10

Import licences: EU 28.3 – 28.5, 28.7 – 28.11Non-EU 28.20 – 28.27RFD open licence 28.8Section 5 28.10, 28.24Visitors’ permits 27.18

Intemperate habits: Certificates 10.26, 11.11, 12.8, 12.16Court order 5.7Referees 10.15Revocations 12.2, 12.8, 12.16

Isle of Man: 1.8, 29.2

JNo entries

KNo entries

LLand inspection: 10.35 (d), 13.11, 13.13

Launch rails/tubes: 3.2 (x), 3.2 (xi), 3.12, 3.13

Law enforcement: Chapter 23 and also offencesArrest 23.9 – 23.10Court order 23.13Police record 23.14 – 23.16Produce certificate 23.8Search with warrant 23.3 – 23.4Stop and search 23.5Summary proceedings 23.11 – 23.12

Lethality: Definition 2.3

Line-throwing implements: 2.28, 13.60, 24.1

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GUIDE TO CONTENTS

Loan: see sale/transfer etc.

Long-barrelled revolvers: 13.42 – 13.43

Long-range pistols: 13.42 – 13.43, 13.48

Loss/theft etc.: Notifications 5.17, 5.19, 10.31 (ii), 11.13 (ii), 29.16

MMace: 3.2 (vii), 3.9

Machine guns: 3.2 (i), 3.3

Miniature rifle ranges: 6.3, 7.3, 7.9, 7.11, 18.2 –18.3, 20.4

Mortars: 3.2 (vi), 3.8

Museums: Chapter 17Applications 17.6 – 17.8Collectors 13.54Conditions 17.9 – 17.10Court order 23.13Exemptions 6.10Fees 17.11, 17.15Issue 17.2 – 17.5, 17.10 – 17.12Renewal 17.12Revocation 17.16 – 17.21, 21.3Section 5 17.2, 17.4Security 17.7, 17.8 – 17.10, 17.14Surrender/disposal 25.7 – 25.8, 25.10Variation 17.13 – 17.15

Muzzle-loading guns: see also clubsClub exemption 18.2EFPs 29.20Re-enactment 13.63 – 13.65Small firearms 2.24, 3.2 (iii), 3.5Smooth-bore revolvers 2,7, 3.2 (v), 3.7Spare cylinders 13.69Target shooting 13.41, 13.43 – 13.44

NNail guns: 2.28, 24.1

Named land: 10.35 (d), 13.8 – 13.10, 13.12, 13.26,13.30

Napalm missiles: 3.2 (xii), 3.14

Net throwing guns: 2.28

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GUIDE TO CONTENTS

Non-statutory forms: 1.7, 10.3, 11.9

Northern Ireland: Chapter 26 and Appendices 8, 9and 10

Certificates 6.12, 26.3 – 26.5General 1.8, 26.2, 29.2Imports 28.23Removing to NI 26.11 – 26.13RFDs 26.6, 26.13Sale, repair etc. 26.7Taking to NI 26.8 – 26.10

Notices: Chapter 21Amending certificates 10.32Ammo. quantities 10.40Article 7 authority 29.32 – 29.34General 21.4Museums 17.13, 17.16, 17.19, 21.3Refuse at renewal 10.43, 11.17Revoke/cancel 10.54 – 10.58, 11.21 – 11.23,

21.2(a) – 21.2 (b), 23.13RFD registration 16.20, 16.31 – 16.32, 21.2 (c)Section 5 21.3Variations 21.2 (a), 27.12

Noxious liquid/gas etc.: 3.2 (vii), 3.9, 13.67, 28.20 (i), 28.21

OObsolete calibres: Appendix 5

Occupier: Definition 6.14

Offences: Chapter 22 and also law enforcementAggravated burglary 22.7Carry in public 22.12 – 22.15, 23.6Carry with intent 22.8 – 22.11Convert imitation 22.2 – 22.3, 22.5Criminal use 22.7Highways 22.17Intent to endanger life 22.6Proof 24.3 – 24.4Shorten shot gun 22.2 – 22.5Trespassing 22.16

Overseas: see good reason and quarry shooting

195

GUIDE TO CONTENTS

PPawn: 5.23, 24.3 (a)

Pen pistol: 3.2 (ix), 3.11

Penetrating ammunition: 3.2 (xiii), 3.15

Pepper spray: 3.2 (vii), 3.9

Permits (section 7): Chapter 15Auctioneers 15.4Issue 6.13, 15.2 – 15.4Personal effects 6.13, 15.2Purchase 6.13, 15.2Section 5 15.2Ships’ equipment 15.4Signalling apparatus 15.4Surrender/disposal 25.6Terms 15.5

Personal protection: 13.72

Photographs: Certificates 10.6 (a), 10.10, 10.27, 11.7 (a), 11.11EFPs 29.9

Poison gas projectors: 3.2 (vii), 3.9

Possession: Definition 5.2 – 5.4

Postal sales: 16.38

Practical shooting: 13.41, 13.49, Appendix 3

Premises: Definition 6.14

Proof: Chapter 24Definition 24.1, 24.5Exemptions 6.35Foreign proof marks 24.6 – 24.7Offences 24.3 – 24.4

Public place: Definition 7.4, 22.14

Pump-action guns: 3.2 (ii), 3.2 (iv), 3.4, 3.6, 13.49, 14.15

196

GUIDE TO CONTENTS

QQuarry shooting: Chapter 14 and also good reason

Badgers 14.21Conditions 13.12, 13.14, 13.23 – 13.24,

Appendix 3Deer 13.28 – 13.32, 13.35, 14.2 – 14.10,

14.16Definition 13.8, 13.15Dogs 13.14, 14.22Fox 13.17, 13.23 – 13.24General 13.7, 13.14 – 13.15, 13.22Land inspections 13.11, 13.13Named land 13.8 – 13.10, 13.12, 13.26Other animals 13.25 – 13.26Overseas 13.33 – 13.35Seals 13.27, 14.24Small quarry species 13.14, 13.16 – 13.22, 14.16 – 14.20,

14.23WCA Act 1981 14.11 – 14.15, 14.20Wild birds 14.11Wild boar 13.25, 13.35Wildfowl 14.11, 14.13 – 14.15, 14.17

RRanges: Clubs 18.8 – 18.11, 18.13, 18.14, 18.18,

18.20 – 18.21, 18.23Good reason 13.44, 13.48 – 13.49, 13.53

Re-enactment: 6.40, 13.63 – 13.65, Appendix 3

Referees: see firearm certificates

Renewals: see firearm certificates, shot gun certificates,clubs, European Firearms Pass, museums,RFDs and security

Replicas: Imports 28.21Mortars 3.8Readily convertible 2.17, 2.19

Reproof: 24.1

Revocations: Ammo. quantities 10.40, 10.57Appeals 10.32, 10.53, 10.58, 11.20, 11.23, 21.5Article 7 authority 29.32 – 29.34Court order 5.7, 10.53, 10.56, 11.20, 11.22EFPs 29.18Fitness Chapter 12General 10.53 – 10.54, 11.20 – 11.21Museums 17.16 – 17.21, 21.3

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GUIDE TO CONTENTS

Notices 10.54 – 10.58, 11.21 – 11.23, 21.2 (a) – 21.2 (b)

Partial 10.57, 13.46Police records 10.62, 12.13Variations 10.32

RFDs: Chapter 16 and Appendix 6Certificate of registr. 16.24, 21.2 (c)Conditions of registr. 16.19 – 16.23, Appendix 6Countersignatories 11.7 (b)Destroy firearms 16.37Exemptions 6.2Expand business 16.11Expanding ammo. 4.6Game fairs 16.13Historic handguns 9.34Inspections 5.28, 16.22, 16.26 – 16.28,

16.44 – 16.46Northern Ireland 26.6, 26.13Motifying transfers 5.15 – 5.20, 16.35 – 16.38, 29.40Open export licence 28.12Open import licence 28.12Permits 15.2Referees 10.8 – 10.9Register 5.25 – 5.29, 16.14 – 16.18Registration 5.14, 5.23, 5.27, 16.2 – 16.12, 16.24Registration fees 20.12Remove from register 16.28, 16.29 – 16.34, 21.2 (c), 21.5Renewals 16.25, 16.30Section 5 16.42Servants 6.2, 16.39 – 16.41Shorten shot gun 22.5Shot gun cartridges 11.4Stolen gun/certificates 16.47Theatre etc. 6.36

Rocket grenades: 3.2 (x), 3.12

Rocket launcher: 3.2 (vi), 3.2 (xi), 3.8

Rocket/signal etc devices: 2.28

SSale, transfer etc.: Notifications 5.16, 5.18, 5.20, 11.3, 7.20

Prescribed conditions 10.31 (iv), 11.13 (iv)Proof 24.3 (a)Restrictions 5.9, 5.15RFDs 16.35 – 16.38Unsound mind 5.9

School shooting clubs: 18.14, 20.4

198

GUIDE TO CONTENTS

Seals: see good reason and quarry shooting

Search with a warrant: 23.5Section 5: Chapter 3Authorities 3.19 – 3.26Certificate application 10.30Definition 3.2 – 3.18Exemptions 3.27 – 3.33Importation 28.9 – 28.10, 28.24

Section 21: Air weapons 2.27, 5.5Appeals 5.8Certificates 10.26, 11.9 (a), 11.20, 12.2Clubs 18.13, 18.15 – 18.16Definition 5.5 – 5.7, 12.4Visitors’ permit 27.8 (b)Museums 17.2, 17.4Purchase by visitor 29.39Revocation 21.3RFDs 16.42Target shooting 13.42

Security: Chapter 19 and Appendix 7Ammunition 19.26, 19.36 – 19.37Antiques 19.35Certificate procedure 19.10 – 19.11Clubs 18.8, 18.12, 18.13Component parts 19.26 – 19.27, 19.32, 19.35,

19.48 – 19.50Fitness 12.11 – 12.12General 19.7 – 19.9, 19.12 – 19.35,

19.38 – 19.45Inspections 10.46Layers 19.21 – 19.23Levels 19.24 – 19.35Mobile home/caravan 19.20Museums 17.7 – 17.8, 17.14Prescribed conditions 10.31 (iv), 11.13 (iv), 19.2 – 19.6,

19.17RFD conditions 16.19 – 16.23, Appendix 6Sound moderators 19.32, 19.35Transport 19.2, 19.46 – 19.50Visitors’ permits 27.5

Self-loading guns: 3.2 (ii), 3.2 (iv), 3.4, 3.6, 13.49, Appendix 3

Servants: 6.2, 16.39 – 16.41

Ships’ equipment: Definition 6.41Fees 20.5 – 20.6Permits 6.41, 15.4Possession 6.41, 13.59Purchase 6.41

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GUIDE TO CONTENTS

Shooting galleries: see miniature rifle ranges

Shot gun certificate: Chapter 11 and Appendix 3Application 11.5 – 11.8Completion 11.16Conditions 11.13 – 11.15Co-terminous 11.18Countersignatories 11.7 (b)Dilapidated 11.19Fees 20.11Foreign representatives 11.26, 20.11General 11.2 – 11.4Grant or refusal 11.9 – 11.11, 21.5Medical information 11.12, 12.15Police records 11.23 – 11.24, 12.13Renewals 11.17Revoke/cancel 11.20 – 11.23, 21.2 (b)Young persons 7.6, 7.16 – 7.19

Shot guns: Adapted 2.10 – 2.11Ammunition 2.26 (iii), 5.2, 5.11 (c), 5.12, 11.4,

15.2, 27.2 (b), 28.22 (i)Carry in public 23.6Definition 2.4 – 2.8Disguised 11.15Exemptions to possess 6.14 – 6.15Large magazine 13.18Loan 11.3Northern Ireland 26.4, 26.12Practical shooting 13.49Self-loading 13.18, 13.49Shortening 22.2 – 22.5Sound moderators 13.71Test or proof 5.22Visitor purchase 5.26, 6.11, 27.11, 27.13 (e),

27.20 – 27.25, 28.13,29.46 (a) – 29.46 (b)

Walking stick 3.2 (ix), 3.11, 11.15Young people 7.5 – 7.7

Shot pistols: 13.20, 13.36, Appendix 3

Signalling apparatus: Birdscaring 6.45Conditions Appendix 3Definition 2.28Fees 6.44, 20.5 – 20.7Good reason 13.59 – 13.60Permits 6.43, 15.4Possession 6.42Proof 24.1Purchase 6.44Section 5 3.2 (iii)Starting cannon 6.33, 13.62

200

GUIDE TO CONTENTS

Slaughtering: Certificates 6.25 – 6.26Conditions Appendix 3Deer 14.4Expand ammo. 3.33Fees 6.26, 13.40, 20.5 – 20.6Good reason 13.36 – 13.37, 13.38Possession 3.33, 5.3, 6.24, 6.27Purchase 6.24Section 5 6.28 – 6.29Small firearm 3.33

Small cannon: 13.63

Small firearms: Definition 2.24Historics Chapter 9Humane killing 13.36Northern Ireland 6.12, 26.2Permits 15.2Section 5 (general) 3.2 (iii), 3.5Slaughtering 3.33Starting races 6.31 – 6.33. 13.61Surrender/disposal 25.9Trophies of war 13.55

Smoke canisters: 3.10

Smooth-bore revolvers: 3.2 (v), 3.7

Sound moderators: Good reason 13.71Humane killing 13.36Import 28.20 (ii)Security 19.32, 19.35

Starting cannon: 6.33, 13.62

Starting races: 6.31 – 6.32, 13.61, Appendix 3

Stop and search: 23.5

Stun guns: 2.3, 3.9

Sub-machine guns: 3.2 (i), 3.3

Summary proceedings: 23.11 – 23.12

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GUIDE TO CONTENTS

Surrender of firearms: Chapter 25Antiques 25.7Certificates 25.6Definition 25.2General 25.3 – 25.6, 25.11Museums 25.7 – 25.8, 25.10Particular interest 25.8 - 25.11Permits 25.6, 25.8Police records 25.3Small firearms 25.9Storage 25.3

TTanks: 13.61 – 13.64

Target shooting: see clubsAntiques 8.4, 13.53Club exemption 18.2Collectors 13.53Conditions Appendix 3Good reason 13.41 – 13.49Re-enactment 13.64Referees 10.9, 10.13

Television: see theatre etc.

Theatre etc.: Ammunition 6.40Conditions Appendix 3Good reason 13.66Hire 6.38Possession 6.36Purchase 6.36 – 6.37Re-enactment 6.40, 13.63Section 5 3.25, 5.3, 6.40

Theft: see loss/theft etc.

Torpedoes: 3.2 (x), 3.12

Tracer bullets/rounds: 3.10, 3.14

Tranquillising equipment: 13.67 – 13.68, Appendix 3

Transport: Club firearms 18.12, 22.15Security 19.2, 19.46 – 19.50

Treating animals: 13.67, Appendix 3

Trophies of war: 13.55 – 13.58, 20.8, Appendix 3

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GUIDE TO CONTENTS

UUnsound mind: Certificate application 10.26, 11.11, 12.9 – 12.10, 12.15

Referees 10.15Revocations 12.2, 12.9 – 12.10Sale, transfer etc. 5.9

VVariations: see also firearm certificates, shot gun

certificates and feesAppeals 21.5Article 7 authority 29.32Clubs 18.19, 20.4EFPs 29.14 – 29.16General 10.32, 10.48 – 10.50Museums 17.13 – 17.15Notices 21.2 (a)“One for one” 10.51, 20.3Renewal 10.52Security 19.11Visitors’ permits 27.12, 27.15

Vermin shooting: see expanding ammunition, good reasonand quarry shooting

Vets: 3.33, 13.36, 13.67

Visiting Armed forces: 6.8

Visitors: Purchase 5.26, 6.11, 27.11, 27.13 (e), 27.20 – 27.25, 28.13,29.38 – 29.40,29.46 (a) – 29.46 (b)

Visitors’ permits: Chapter 27 and Appendix 11Applications 27.5 – 27.11Conditions 27.12 – 27.14, Appendix 11Diplomats etc. 27.19Dispatch 27.18EFPs 27.4, 27.5, 27.10, 27.18, 29.19 – 29.25Fees 27.6Fitness 27.8, 27.10Good reason 27.9 – 27.11Group applications 27.6Late applications 27.16Legislation 27.2Period of validity 27.3, 27.13 (a)Purchase shot gun 6.11, 27.11, 27.13 (e), 27.20 – 27.25,

28.13, 29.46 (a) – 29.46 (b)

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GUIDE TO CONTENTS

Refusal 27.17 Security 27.5Sponsors 27.5, 27.10Variations 27.12, 27.15

WWalking stick shot gun: 3.2 (ix), 3.11

Warehousemen: 5.3, 5.22, 6.19 – 6.22, 26.13

Weapons InformationExchange System (WIES): 27.25, 28.16 – 28.18, 29.4 (d), 29.35,

29.37, 29.41,29.42 – 29.47

Wild birds: see quarry shooting

Wild boar: see good reason and quarry shooting

Wildfowl: see quarry shooting

Wildlife and Countryside Act 1981: see quarry shooting

Wrecked ships: 13.57

XNo entries

YYoung persons: Chapter 7 and Appendix 4

Certificate applications 10.3, 11.10Firearm certificates 7.14, 7.15, 7.17 – 7.19, Appendix 3Northern Ireland 26.2Notice on certificate 7.18, Appendix 3Notifications 7.20Shot gun certificates 7.6, 7.16 – 7.19Theatre etc. 13.66Under 14 7.8 – 7.14Under 15 7.5 – 7.7Under 17 7.2 – 7.4, 7.15 – 7.20

ZZeroing: 3.31 – 3.32, 4.7, 10.35 (c), 13.35


GUIDE TO CONTENTS

CHANGES TO TEXT SINCE PUBLICATION The following changes have been made since December 2001: March 2002 Paragraph Amendment 3.2 (viii) The following change has been made at the end of sub-section:

“(section 5(1)(ac))” to “(section 5(1)(c))”. 9.31 The following has been added to the end of sub-section:

(vii) Lincolnshire Shooting Centre, Lincolnshire.

11.7 Add the following underlined text in a new paragraph at the end

of b) to say:

“General Practitioners (GPs) have raised their role as countersignatories as adding an extra administrative burden to their day. The Home Office is considering replacing the current system of countersignatories with a system of referees similar to that which applies to firearm certificates. In the interim, applicants should be encouraged to seek an alternative to their GP as countersignatory, if at all possible. If there is no alternative, applicants should be advised to see their GP outside surgery hours.”

13.67 The following amendment has been made at the start of the

second sentence:

“However, under section 5 of the 1997 Act” to “However, under section 8 of the 1997 Act”.

18.13 The following has been added as a new number 9), thus

requiring all the following sub-sections to be renumbered:

9) the club will inform the police of any application for membership, giving the applicant’s name and address, and of the outcome of any application;

Appendix 4 The following has been added at the end of footnote 5 after the

table: (but this exemption is not available in respect of air pistols). Back to Contents

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