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Guide on Firearms Licensing Law

November 2022

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

Guide on Firearms Licensing Law

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Contents

Chapter 1: An overview - frequently asked questions about firearms licensing 3 Chapter 2: Definition and Classification of Firearms and Ammunition 6

Chapter 3: Prohibited Weapons and Ammunition 20

Chapter 4: Expanding Ammunition 30

Chapter 5: Restrictions on the Possession, Handling and Distribution of Firearms and

Ammunition 32

Chapter 6: Exemptions from the requirement to hold a certificate 40

Chapter 7: Young people 51

Chapter 8: Antique firearms 58

Chapter 9: Historic handguns 63

Chap ter 10: Firearm Certificate Procedure 76

Chapter 11:

Shot gun Certificate Procedure 87

Chapter 12: Good reason to possess a firearm 94

Chapter 13: Law on Shooting Birds and Animals 116

Chapter 14: Permits 131

Chapter 15: Registration of firearms dealers 134

Chapter 16: Museum Firearms Licenses 142

Chapter 17: Rifle and muzzle

-loading pistol clubs, schools and cadet corps 147 Chapter 18: Security of Firearms and Ammunition 157

Chapter 19: Fees 167

Chapter 20: Notices and Appeals 172

Chapter 21: Criminal use of Firearms 176

Chapter 22: Law Enforcement 181

Chapter 23: Proof of Firearms 185

Chapter 24: Surrender and disposal of firearms and ammunition 187

Guide on Firearms Licensing Law

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Chapter 25: Northern Ireland 190

Chapter 26: Visitors' Permit Procedures 192

Chapter 27: Import and export of firearms and ammunition 198 Chapter 28: Authorisation of armed guards on UK registered ships 203

Appendix 1: List of relevant organisations 210

Appendix 2: List of firearms forms 212

Appendix 3: Conditions for firearm certificates 213

Appendix 4: Young persons and firearms law 219

Appendix 5: Schedule of mass-produced antique air weapons whose production period pre-dates 1939 220 Appendix 6: Conditions for registration of firearms dealers 223 Appendix 7: Guidance on secure keeping of firearms 224 Appendix 8: Taking of firearms (including air weapons) to Northern Ireland by visitors from

Great Britain 228

Appendix 9: Conditions for visitor's firearm or

shot gun permit 229

Guide on Firearms Licensing Law

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Chapter 1: An overview - frequently

asked questions about firearms licensing What is meant by the term 'firearm'?

1.1 'Firearm' means a lethal barrelled weapon of any description from which any shot,

bullet or other missile with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.

See Chapter 2 for further details.

What are the basic principles of firearms law in GB?

1.2 GB firearms policy is based on the fact that firearms are dangerous weapons and the State has a duty to protect the public from their misuse. Gun ownership is a privilege, not a right. Firearms control in GB is among the toughest in the world and, as a result, firearms offences continue to make up a small proportion of recorded crime.

What kind of firearm can be held on certificate?

1.3 Some firearms and shot guns may be held on a firearm or shot gun certificate

issued by the police. Low-powered air weapons are not licensed in England and Wales unless they are of a type declared specially dangerous by the Firearms (Dangerous Air Weapons) Rules 1969, but there are restrictions on their sale. An air weapon is "specially dangerous" if it is capable of discharging a missile with kinetic energy in excess, in the case of an air pistol, of 6 foot-pounds or, in the case of other air weapons,12 foot-pounds. "Specially dangerous" air pistols (and certain other air weapons) are prohibited weapons and may not be held on certificate. See Chapters 10 and 11 (on firearm certificate procedure and shot gun certificate procedure ) for further details.

Can anyone apply for a firearm certificate?

1.4 Permission to possess, purchase or acquire a firearm will only be granted to an individual who is assessed by the licensing authority, the police, as not posing a threat to public safety and having good reason to own the firearm. Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms. Persons who are sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms) at any time.

Guide on Firearms Licensing Law

4 See Chapters 10 and 11 (on firearm certificate procedure and shot gun certificate procedure) for further details.

Who authorises

firearm and shot gun certificates?

1.5 The police are the licensing authority for firearm and shot gun certificates, as well

as for firearms dealers. The authority rests with local police forces rather than a central licensing authority because of the local information that police will use to inform their judgement. Applications for authority to possess prohibited weapons, such as handguns, in England and Wales are determined by the Home Office on behalf of the Secretary of State. Applications for such authority in Scotland are determined by the Scottish Government on behalf of Scottish Ministers. See Chapters 10, 11 and 15 (on firearm and shot gun certificate procedure and on registration as a firearms dealer) for further details. What is a 'good reason' to own a firearm?

1.6 Applicants should be able to demonstrate to the police that they require their firearm on a regular, legitimate basis for work, sport or leisure (including collections or research). Chief officers are able to exercise discretion over what constitutes a

good reason, judging each case on its own merits.

See Chapter 1

2 for further details.

How are firearms stored?

1.7 The conditions of a firearm or shot gun certificate stipulate that guns must be stored

securely so as to prevent access by an unauthorised person. The manner in which they are stored depends on the individual property and circumstances.

See Chapter 1

8 for further details.

What happens to firearms

in the event of the death of the owner?

1.8 In the event of the death of a certificate holder, the person inheriting the effects must surrender or declare the weapons to the police or a registered firearms dealer. Failure to do so would result in the inheritor being in breach of the law by having the firearms in their possession; it is the responsibility of the inheritor to find out whether firearms are part of the deceased's effects. Registered firearms dealers will be able to advise on the value of the items and how best to proceed in accordance with the inheritor's wishes. Options include applying for a certificate, selling/transferring the

firearm (for example, to a museum or a certificate holder) or destroying it.

See Chapters 5, 1

4 and 24 for further details.

Guide on Firearms Licensing Law

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What should I do

if I have concerns about a firearm owner?

1.9 Any concerns should be reported to your local police force.

What is the government doing to prevent 3D printed guns being used?

1.10 If someone were to possess, purchase, manufacture or sell a firearm or its component parts otherwise than in accordance with the requirements of sections 1, 3 and 5 of the Firearms Act 1968, they would be liable to prosecution.

See Chapter 3 for more details.

Where can I find information about shooting clubs, museums o r firearms dealers?

1.11 Detailed information about firearms dealers can be found in Chapter 15, museums

in Chapter 16 and shooting clubs in Chapter 17.

Guide on Firearms Licensing Law

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Chapter 2: Definition and Classification of

Firearms and Ammunition

2.1 This chapter provides definitions of firearms, component parts, shot guns,

deactivated firearms and defectively deactivated firearms, imitation and realistic imitation firearms, including readily convertible imitations, some information on antiques (which are covered more fully in Chapter 8), and firearms conversion. It goes on to define various types of firearms and ammunition for which no certificate is required, including certain types of air weapons.

2.2 The definitions of 'firearm', 'lethal barrelled weapon', 'shot gun' and 'ammunition' for

the purposes of the Firearms Acts are set out in section 57 of the Firearms Act

1968 ("the principal Act") and are set out below. The definition of 'firearm' extends

to certain imitation firearms (see paragraphs 2.32 to 2.36). Definition of 'firearm' and 'lethal barrelled weapon'

2.3 Section 57 of the principal Act (as amended) defines a 'firearm' as (i) a lethal barrelled weapon of any description from which any shot, bullet or other missile can

be discharged with kinetic energy of more than one joule at the muzzle of the weapon (ii) a prohibited weapon (iii) any relevant component part (see below and

Chapter 1

2) of such a lethal barrelled or prohibited weapon, and (iv) any accessory

to a lethal barrelled or prohibited weapon designed or adapted to diminish the noise or flash caused by firing the weapon.

Definition of 'airsoft' gun

2.4 An 'airsoft' gun as defined in section 57A of the 1968 Act is not regarded as a

firearm for the purposes of that Act. Section 57A defines an airsoft gun as a barrelled weapon of any description which is designed to discharge only a small plastic missile (whether or not it is also capable of discharging any other kind of missile) and is not capable of discharging a missile of any kind above the permitted kinetic energy thresholds at the muzzle of the weapon (see below). A 'small plastic missile' is defined in section 57A(3) as a missile that: a) is made wholly or partly from plastics; b) is spherical, and c) does not exceed 8 millimetres in diameter. Section 57A(4) sets the maximum permitted kinetic energy levels for airsoft guns at:

a) 1.3 joules if the weapon is capable of discharging two or more missiles successively without repeated pressure on the trigger, and

Guide on Firearms Licensing Law

7 b) 2.5 joules in any other case.

Definition of 'relevant component part'

2.5 A 'relevant component part' of a lethal barrelled or prohibited weapon is a firearm in its own right and is defined in section 57(1D) of the 1968 Act as:

a) a barrel, chamber or cylinder, b) a frame, body or receiver,

c) a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber,

but only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.quotesdbs_dbs2.pdfusesText_3

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