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Riporto qui il testo inglese della legge con cui sono state imposte
gravi restrizioni alla detenzione ed all'uso di armi in Inghilterra.
Ritengo che sia un documento di utile lettura per essere informati
sulle tendenze internazionali in materia.
Il testo non è sempre di facile comprensione perché
il legislatore inglese ha imitato quello italiano e fa continui
riferimenti ad altre norme a noi ignote.
General prohibition of small firearms etc.
1. Extension of s. 5 of the 1968 Act to prohibit certain small
firearms etc.
Special exemptions from prohibition of small firearms
2. Slaughtering instruments.
3. Firearms used for humane killing of animals.
4. Shot pistols used for shooting vermin.
5. Races at athletic meetings.
6. Trophies of war.
7. Firearms of historic interest.
Weapons and ammunition used for treating animals
8. Weapons and ammunition used for treating animals.
Prohibited ammunition: expanding ammunition and missiles for expanding
ammunition
9. General prohibition of expanding ammunition etc.
10. Expanding ammunition etc. : exemptions from prohibition.
Provisions relating to the control of small-calibre pistols
11. Having small-calibre pistol outside licensed pistol club.
12. Firearm certificates for small-calibre pistols: special conditions.
13. Permits to have small-calibre pistols outside licensed pistol
clubs.
14. Transitional arrangements for certain small-calibre pistols.
Surrender of firearms, etc. and compensation
15. Surrender of prohibited small firearms and ammunition.
16. Payments in respect of prohibited small firearms and ammunition.
17. Payments in respect of ancillary equipment.
18. Parliamentary control of compensation schemes.
Preliminary
19. Purpose of Part II.
20. No pistol club to operate without a licence.
Grant, variation, and revocation of licences
21. Grant of licences.
22. Criteria for grant of licence.
23. Licence conditions.
24. Duration of licence and renewal.
25. Variation of licence.
26. Revocation of licence.
27. Exemptions from s. 1 of the 1968 Act relating to licensed
pistol clubs.
Pistol registers
28. Registers to be kept at licensed pistol clubs.
Supplementary
29. Regulations.
30. Powers of entry and inspection.
31. Penalty for false statements.
Transfers and other events relating to firearms and ammunition
32.Transfers of firearms etc. to be in person.
33.Notification of transfers involving firearms.
34.Notification of de-activation, destruction or loss of firearms
etc.
35.Notification of events taking place outside Great Britain involving
firearms etc.
36.Penalty for offences under ss. 32 to 35.
Firearm and shot gun certificates
37.Applications for certificates and referees.
38.Grant of firearm certificates.
39.Register of holders of shot gun and firearm certificates.
40.Revocation of certificates.
41.Appeals.
Registered firearms dealers
42.Authorised dealing with firearms by registered firearms dealers.
Miscellaneous
43.Power of search with warrant.
44.Firearm certificates for certain firearms used for target shooting:
Special conditions.
45.Approved rifle clubs and muzzle-loading pistol clubs.
46.Coterminous pistol club licences and rifle club approvals.
47.Museums eligible for a museums firearm licence.
48.Firearms powered by compressed carbon dioxide.
49.Financial provisions.
50.Interpretation and supplementary provisions.
51.Power to make transitional, consequential etc. provisions.
52.Minor and consequential amendments and repeals.
53.Short title, commencement and extent.
SCHEDULES:
Schedule 1-Transitional arrangements for small-calibre pistols.
Schedule 2-Consequential and minor amendments.
Schedule 3-Repeals.
An Act to amend the Firearms Acts 1968 to 1992; to make provision
in relation to the licensing and regulation of pistol clubs; to
make further provision for regulating the possession of, and transactions
relating to, firearms and ammunition; and for connected purposes.
[27th February 1997]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows:-
1. - (1) Section 5 of the Firearms Act 1968 (referred to in this
Act as "the 1968 Act") shall have effect with the following
amendments.
(2) In subsection (1) (which describes weapons which are prohibited
by section 5), after paragraph (ab) there shall be inserted the
following paragraph :
"(aba) any firearm which either has a barrel less than 30
centimetres in length or is less than 60 centimetres in length
overall, other than an air weapon, a small-calibre pistol, a muzzle-loading
gun or a firearm designed as signalling apparatus;".
(3) In paragraph (ab) (self-loading or pump-action rifles) of
that subsection, for the word "rifle" there shall be
substituted the words "rifled gun".
(4) In paragraph (ac) (self-loading and pump-action smooth-bore
guns) after the word "not" there shall be inserted the
words "an air weapon or".
(5) In paragraph (ad) (smooth-bore revolver guns), for the words
from "loaded" to the end there shall be substituted
the words "a muzzle-loading gun".
(6) After subsection (7) there shall be inserted the following
subsections-
"(8) For the purposes of subsection (1)(aba) and (ac) above,
any detachable, folding, retractable or other movable butt-stock
shall be disregarded in measuring the length of any firearm.
(9) Any reference in this section to a muzzle-loading gun is a
reference to a gun which is designed to be loaded at the muzzle
end of the barrel or chamber with a loose charge and a separate
ball (or other missile)."
(7) The general prohibition by section 5 of the 1968 Act of firearms
falling within subsection (1)(aba) of that section is subject
to the special exemptions in sections 2 to 8 below.
(8) In sections 2 to 8 below any reference to a firearm certificate
shall include a reference to a visitor's firearm permit.
(9) In section 57 of the 1968 Act (interpretation), after subsection
(1) there shall be inserted the following subsection :
"(1A) In this Act "small-calibre pistol" means
:
(a) a pistol chambered for .22 or smaller rim-fire cartridges;
or
(b) an air pistol to which section 1 of this Act applies and which
is designed to fire .22 or smaller diameter ammunition."
Special exemptions from prohibition of small firearms
2. The authority of the Secretary of State is not required by
virtue of subsection (1)(aba) of section 5 of the 1968 Act :
(a) for a person to have in his possession, or to purchase or
acquire, or to sell or transfer, a slaughtering instrument if
he is authorised by a firearm certificate to have the instrument
in his possession, or to purchase or acquire it;
(b) for a person to have a slaughtering instrument in his possession
if he is entitled, under section 10 of the 1968 Act, to have it
in his possession without a firearm certificate.
3. The authority of the Secretary of State is not required by
virtue of subsection (1)(aba) of section 5 of the 1968 Act for
a person to have in his possession, or to purchase or acquire,
or to sell or transfer, a firearm if he is authorised by a firearm
certificate to have the firearm in his possession, or to purchase
or acquire it, subject to a condition that it is only for use
in connection with the humane killing of animals.
4. - (1) The authority of the Secretary of State is not required
by virtue of subsection (1)(aba) of section 5 of the 1968 Act
for a person to have in his possession, or to purchase or acquire,
or to sell or transfer, a shot pistol if he is authorised by a
firearm certificate to have the shot pistol in his possession,
or to purchase or acquire it, subject to a condition that it is
only for use in connection with the shooting of vermin.
(2) For the purposes of this section, "shot pistol"
means a smooth-bored gun which is chambered for .410 cartridges
or 9mm rim-fire cartridges.
5. The authority of the Secretary of State is not required by
virtue of subsection (1)(aba) of section 5 of the 1968 Act-
(a) for a person to have a firearm in his possession at an athletic
meeting for the purpose of starting races at that meeting; or
(b) for a person to have in his possession, or to purchase or
acquire, or to sell or transfer, a firearm if he is authorised
by a firearm certificate to have the firearm in his possession,
or to purchase or acquire it, subject to a condition that it is
only for use in connection with starting races at athletic meetings.
6. The authority of the Secretary of State is not required by
virtue of subsection (1)(aba) of section 5 of the 1968 Act for
a person to have in his possession a firearm which was acquired
as a trophy of war before 1st January 1946 if he is authorised
by a firearm certificate to have it in his possession.
7. - (1) The authority of the Secretary of State is not required
by virtue of subsection (1)(aba) of section 5 of the 1968 Act
for a person to have in his possession, or to purchase or acquire,
or to sell or transfer, a firearm which :
(a) was manufactured before 1st January 1919; and
(b) is of a description specified under subsection (2) below,
if he is authorised by a firearm certificate to have the firearm
in his possession, or to purchase or acquire it, subject to a
condition that he does so only for the purpose of its being kept
or exhibited as part of a collection.
(2) The Secretary of State may by order made by statutory instrument
specify a description of firearm for the purposes of subsection
(1) above if it appears to him that :
(a) firearms of that description were manufactured before 1st
January 1919; and
(b) ammunition for firearms of that type is not readily available.
(3) The authority of the Secretary of State is not required by
virtue of subsection (1)(aba) of section 5 of the 1968 Act for
a person to have in his possession, or to purchase or acquire,
or to sell or transfer, a firearm which :
(a) is of particular rarity, aesthetic quality or technical interest,
or
(b) is of historical importance,
if he is authorised by a firearm certificate to have the firearm
in his possession subject to a condition requiring it to be kept
and used only at a place designated for the purposes of this subsection
by the Secretary of State.
(4) This section has effect without prejudice to section 58(2)
of the 1968 Act (antique firearms).
8. The authority of the Secretary of State is not required by
virtue of subsection (1)(aba), (b) or (c) of section 5 of the
1968 Act for a person to have in his possession, or to purchase
or acquire, or to sell or transfer, any firearm, weapon or ammunition
designed or adapted for the purpose of tranquillising or otherwise
treating any animal, if he is authorised by a firearm certificate
to possess, or to purchase or acquire, the firearm, weapon or
ammunition subject to a condition restricting its use to use in
connection with the treatment of animals.
9. In section 5(1A) of the 1968 Act (weapons and ammunition subject
to general prohibition), for paragraph (f) there shall be substituted
the following paragraph :
"(f) any ammunition which incorporates a missile designed
or adapted to expand on impact;".
10. - (1) Section 5A of the 1968 Act (exemptions from requirement
of authority under section 5) shall be amended as follows.
(2) In subsection (4) (shooting of animals) :
(a) after the word "acquire", in the first place it
appears, there shall be inserted the words ", or to sell
or transfer,"; and
(b) for paragraphs (a) and (b) there shall be substituted the
following paragraphs :
"(a) he is authorised by a firearm certificate or visitor's
firearm permit to possess, or purchase or acquire, any expanding
ammunition; and
(b) the certificate or permit is subject to a condition restricting
the use of any expanding ammunition to use in connection with
any one or more of the following, namely :
(i) the lawful shooting of deer;
(ii) the shooting of vermin or, in the course of carrying on activities
in connection with the management of any estate, other wildlife;
(iii) the humane killing of animals;
(iv) the shooting of animals for the protection of other animals
or humans.".
(3) For subsection (7) (firearms dealers) there shall be substituted
the following subsection :
"(7) The authority of the Secretary of State shall not be
required by virtue of subsection (1A) of section 5 of this Act
for a person carrying on the business of a firearms dealer, or
any servant of his, to have in his possession, or to purchase,
acquire, sell or transfer, any expanding ammunition or the missile
for any such ammunition in the ordinary course of that business.".
11. - (1) After section 19 of the 1968 Act (carrying firearm in
a public place) there shall be inserted the following section
:
"Having small-calibre pistol outside premises of licensed
pistol club.
19A. - (1) It is an offence for any person to have a small-calibre
pistol with him outside licensed premises of a licensed pistol
club.
(2) It is not an offence for a person to have with him a small-calibre
pistol if :
(a) he is permitted by virtue of any provision of this Act to
have the pistol in his possession without holding a firearm certificate
or a visitor's firearm permit;
(b) he is authorised to have the pistol with him by virtue of
a permit granted under section 13 of the Firearms (Amendment)
Act 1997; or
(c) he is authorised to have the pistol in his possession by virtue
of a firearm certificate or visitor's firearm permit which is
not subject to a condition requiring it to be kept at a licensed
pistol club.
(3) In this section "licensed pistol club" means a pistol
club which is licensed under Part II of the Firearms (Amendment)
Act 1997 and "licensed premises" has the meaning given
in section 19 of that Act."
(2) In Part I of Schedule 6 to the 1968 Act (prosecution and punishment
of offences), after the entry for section 19 there shall be inserted
the following entry :
"Section 19A.
Having small-calibre pistol outside premises of licensed pistol
club.
(a) Summary
6 months or a fine of the statutory maximum; or both.
(b) On indictment
10 years or a fine; or both."
12. - (1) If a chief officer of police is satisfied, on an application
for the grant or renewal of a firearm certificate in respect of
a small-calibre pistol, that the applicant's only reason for having
the pistol in his possession is to use it for target shooting,
any certificate which may be granted to the applicant or, as the
case may be, renewed shall be held subject to the following conditions
(in addition to any other conditions), namely :
(a) the pistol is only to be used for target shooting;
(b) the holder must be a member of a licensed pistol club specified
in the certificate;
(c) the pistol must be kept at licensed premises of that club
which are so specified.
(2) A person who commits an offence under section 1(2) of the
1968 Act by failing to comply with any of the conditions specified
in subsection (1) above shall be treated for the purposes of provisions
of that Act relating to the punishment of offences as committing
that offence in an aggravated form.
(3) Any firearm certificate in force immediately before the day
on which this section comes into force which :
(a) relates to a small-calibre pistol; and
(b) is subject to the condition that the pistol is only to be
used on an approved range;
shall be treated on and after that day as being held subject to
a condition requiring the pistol to be kept at licensed premises
of a licensed pistol club.
(4) Subsections (1) and (3) above apply in relation to a visitor's
firearm permit as they apply to a firearm certificate.
(5) A holder of a visitor's firearm permit who commits an offence
under section 17(10)(b) of the Firearms (Amendment) Act 1988 (in
this Act referred to as "the 1988 Act") by failing to
comply with any condition mentioned in subsection (1) or (3) above
is punishable :
(a) on conviction on indictment, with imprisonment for a term
not exceeding seven years or a fine or both; and
(b) on summary conviction, to imprisonment for a term not exceeding
six months or a fine not exceeding the statutory maximum or both.
13. - (1) A person whose firearm certificate for a small-calibre
pistol is held subject to a condition that the pistol must be
kept at licensed premises of a licensed pistol club may make an
application in the prescribed form to the chief officer of police
for the area in which he resides for a permit under this section
authorising a person specified in the permit to have the pistol
in his possession outside those premises for any proper purpose.
(2) A permit under this section shall not, unless the circumstances
appear to the chief officer of police to be exceptional, authorise
any holder of a firearm certificate which relates to the pistol
to have the pistol with him in any place other than the licensed
premises of a licensed pistol club or the premises at which a
designated target shooting competition specified in the permit
is being held.
(3) A proper purpose for having a small-calibre pistol outside
the licensed premises at which it is required to be kept may be
any of the following, namely :
(a) conveying the pistol to those premises following :
(i) the release of the pistol from police custody under Schedule
1 to this Act;
(ii) the purchase or acquisition of the pistol; or
(iii) a change in the licensed premises at which the pistol is
required to be kept;
(b) having the pistol repaired or maintained by a registered firearms
dealer;
(c) enabling the pistol to be used at a designated target shooting
competition;
(d) selling or otherwise disposing of the pistol; or
(e) any other purpose which appears to the chief officer of police
to be proper in all the circumstances.
(4) Where a person makes an application under subsection (1) above
in relation to a pistol, the chief officer of police may, if he
thinks fit, grant a permit in the prescribed form; and any such
permit :
(a) shall specify the purpose for which it is granted and the
name of any person who is authorised by the permit to have the
pistol in his possession; and
(b) shall be granted subject to such conditions as the chief officer
of police thinks necessary to secure that such possession will
not endanger the public safety or the peace;
and any conditions may include a time by which the pistol must
be taken or returned to the licensed premises specified in the
applicant's firearm certificate.
(5) It is an offence :
(a) for a person to fail to comply with any condition contained
in a permit under this section which authorises him to have a
small-calibre pistol in his possession; or
(b) for a person knowingly or recklessly to make any statement
which is false in a material particular for the purpose of procuring
(whether for himself or another) the grant of a permit under this
section.
(6) In proceedings against any person for an offence under subsection
(5)(a) above, it shall be a defence for him to prove that he took
all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
(7) An offence under subsection (5) above shall be punishable
on summary conviction with imprisonment for a term not exceeding
six months or a fine not exceeding level 5 on the standard scale
or both.
(8) Where any person authorised by a permit under this section
to be in possession of a small-calibre pistol outside the licensed
premises of a licensed pistol club has the pistol in his possession
outside those premises for a purpose authorised by the permit
:
(a) he shall not be guilty of an offence under section 19A of
the 1968 Act; and
(b) his possession of the pistol outside those premises shall
not without more be regarded as a failure to comply with the conditions
to which any firearm certificate relating to the pistol is subject.
(9) The Secretary of State may by order designate such target
shooting competitions as he thinks fit for the purposes of this
section.
(10) This section applies to a person holding a visitor's firearm
permit relating to a small-calibre pistol as it applies to a person
holding a firearm certificate, except that any application for
a permit under this section by the holder of a visitor's firearm
permit shall be made to the chief officer of police who granted
the visitor's firearm permit.
14. Schedule 1 (which enables a small-calibre pistol to be delivered
to a police station and held in police custody for a limited period
after section 11 above comes into force) shall have effect.
15. - (1) The Secretary of State may make such arrangements as
he thinks fit to secure the orderly surrender at designated police
stations of firearms or ammunition the possession of which will
become or has become unlawful by virtue of section 1 or 9 above.
(2) The chief officer of police for any area may designate any
police station in his area as being suitable for the receipt of
surrendered firearms or ammunition or surrendered firearms or
ammunition of any description.
16. - (1) The Secretary of State shall, in accordance with a scheme
made by him, make payments in respect of firearms and ammunition
surrendered at designated police stations in accordance with the
arrangements made by him under section 15 above.
(2) A scheme under subsection (1) above shall provide only for
the making of payments to persons making claims for such payments
in respect of firearms or ammunition :
(a) which they had, and were entitled to have in their possession
on or immediately before 16th October 1996 by virtue of firearm
certificates held by them or by virtue of their being registered
firearms dealers; or
(b) which on or before that date they had contracted to acquire
and were entitled to have in their possession after that date
by virtue of such certificates held by them or by virtue of their
being registered firearms dealers,
and their possession of which will become, or has become, unlawful
by virtue of section 1(2) or 9 above.
(3) A scheme under subsection (1) above may :
(a) restrict eligibility for receipt of payments to claims made
in respect of firearms or ammunition surrendered within a period
specified in the scheme;
(b) provide for the procedure to be followed (including any time
within which claims must be made and the provision of information)
in respect of claims under the scheme and for the determination
of such claims;
(c) make different provision for different descriptions of firearm
or ammunition or for different descriptions of claimant.
17. - (1) The Secretary of State shall, in accordance with any
scheme which may be made by him, make payments in respect of ancillary
equipment of any description specified in the scheme.
(2) For the purposes of subsection (1) above "ancillary equipment"
means equipment, other than prohibited ammunition, which :
(a) is designed or adapted for use in connection with firearms
prohibited by virtue of section 1(2) above; and
(b) has no practicable use in connection with any firearm which
is not a prohibited weapon.
(3) A scheme under subsection (1) above shall provide only for
the making of payments to persons making claims for such payments
in respect of ancillary equipment :
(a) which they had in their possession on 16th October 1996; or
(b) which they had in their possession after that date, having
purchased it by virtue of a contract entered into before that
date.
(4) No payment shall be made under a scheme under subsection (1)
above in relation to any ammunition unless its possession or,
as the case may be, purchase by any person claiming a payment
in respect of it was, at all material times, lawful by virtue
of a firearm certificate held by him or by virtue of his being
a registered firearms dealer.
(5) A scheme under subsection (1) above may require, as a condition
of eligibility for receipt of payments under the scheme in respect
of any equipment :
(a) the surrender (whether to the police or any other person)
of that equipment in accordance with the scheme within a period
specified by the scheme; or
(b) the disposal of that equipment by way of sale within a period
so specified; or
(c) either such surrender or such disposal of the equipment within
a period so specified.
(6) A scheme under subsection (1) above may :
(a) provide for the procedure to be followed (including any time
within which claims must be made and the provision of information)
in respect of claims under the scheme and for the determination
of such claims;
(b) make different provision for different descriptions of equipment
or for different descriptions of claimant.
18. - (1) Before making a compensation scheme the Secretary of
State shall lay a draft of it before Parliament.
(2) The Secretary of State shall not make the scheme unless the
draft has been approved by resolution of each House.
(3) This section applies to any alteration to the scheme as it
applies to a compensation scheme.
(4) In this section "compensation scheme" means a scheme
under section 16 or 17 above.
19. - (1) This Part provides for the licensing of pistol clubs
and their premises and for the regulation of licensed pistol clubs.
(2) In this Act :
"licence" means a licence granted under section 21 below
in respect of a pistol club and any premises of that club; and
"licensed pistol club" shall be construed accordingly.
"licensed premises", in relation to a licensed pistol
club, means any premises which are specified in the club's licence
as being premises which may be used for the purpose of storing
or using small-calibre pistols.
20. - (1) No club shall allow any small-calibre pistol to be stored
or used on any of its club premises in connection with target
shooting, unless the club is a licensed pistol club.
(2) No licensed pistol club shall allow a small-calibre pistol
to be stored or used on any of its club premises by any holder
of a firearm certificate or visitor's firearm permit subject to
a condition that it is only to be used for target shooting, unless
:
(a) the certificate or permit holder is a member of that club;
(b) the premises are specified in the club's licence as premises
at which small-calibre pistols may be stored and used;
(c) the premises are specified in the certificate or permit as
the place where the pistol is to be kept.
(3) Subsection (2) above does not apply to :
(a) the storage on licensed premises of a licensed pistol club
of a small-calibre pistol purchased or acquired by the responsible
officer of that club for use only by members of the club in connection
with target shooting;
(b) the use on licensed premises of a licensed pistol club of
a small-calibre pistol by a member of the club who is permitted
to have it in his possession by virtue of section 27(3) below;
or
(c) the use of a pistol on the licensed premises of a licensed
pistol club if the person using the pistol is authorised by a
permit under section 13 above to have the pistol with him on those
premises.
(4) If a small-calibre pistol is stored or used in contravention
of subsection (1) or (2) above, the persons or any of the persons
responsible for the management of the club commit an offence punishable
on summary conviction with imprisonment for a term not exceeding
six months or a fine not exceeding level 5 on the standard scale
or both.
(5) In proceedings against any person for an offence under subsection
(4) above, it shall be a defence for him to prove that he took
all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
(6) In this section "club premises" means premises which
are occupied by and habitually used for the purposes of the club.
21. - (1) The Secretary of State may, if he thinks fit, on the
application in the prescribed form of an officer of a club who
has been nominated for the purpose, grant a licence in respect
of that club and such club premises as are specified in the licence.
(2) The application shall specify the club premises (or if two
or more separate premises, each of them) in respect of which a
licence is sought, being premises where storage of small-calibre
pistols on behalf of members of the club, or the use of such pistols
by members for target shooting, will be permitted by the licence.
(3) A licence shall specify the club premises on which small-calibre
pistols may be stored or used and may limit the uses which may
be made of the premises so specified or any part of them.
(4) A licence may include limitations excluding or restricting
the application of section 27(3) below to members of the club.
(5) A licence shall be granted to the officer of the club who
made the application on behalf of the club.
(6) There shall be payable on the grant or renewal of a licence
a fee of £150.
This subsection shall be included in the provisions which may
be amended by an order under section 43 of the 1968 Act.
(7) In this Part "the responsible officer", in relation
to a licensed pistol club, means the officer of the club to whom
the licence was granted or who has since become the responsible
officer by virtue of a variation of the terms of the licence.
22. - (1) The Secretary of State shall (without prejudice to all
other relevant considerations) only grant a licence in respect
of a club and any of its premises if, after consulting the chief
officer of police for the area in which the premises are situated,
he is satisfied that the arrangements for storing and using small-calibre
pistols there are such that their storage and use will not endanger
the public safety or the peace.
(2) The Secretary of State may publish such guidance as he considers
appropriate for the purpose of informing persons seeking a licence
of criteria that must be met by a club and its premises before
any application for the grant of a licence in respect of that
club and those premises will be considered.
23. - (1) A licence shall be granted subject to such conditions
specified in it as the Secretary of State thinks necessary for
securing that the operation of the club, and the storage and use
of small-calibre pistols on the premises specified in the licence,
will not endanger the public safety or the peace.
(2) It is an offence for the persons or any of the persons responsible
for the management of a licensed pistol club to fail to comply
with any condition of the licence or, as the case may be, to fail
to secure that any such condition is complied with.
(3) In proceedings against any person for an offence under subsection
(2) above, it shall be a defence for him to prove that he took
all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
(4) An offence under subsection (2) above is punishable on summary
conviction with imprisonment for a term not exceeding six months
or a fine not exceeding level 5 on the standard scale or both.
24. - (1) A licence shall (unless previously revoked) continue
in force for six years from the date on which it is granted but
shall be renewable for further periods of six years at a time.
The provisions of this Part shall apply to the renewal of a licence
as they apply to a grant.
(2) The Secretary of State may by order amend subsection (1) above
by substituting for any period mentioned in that subsection such
longer or shorter period as may be specified in the order.
(3) An order under subsection (2) above reducing the period for
which a licence may be granted or renewed shall only apply to
licences granted or renewed after the date on which the order
comes into force.
(4) The power to make an order under subsection (2) above is exercisable
by statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.
25. - (1) The Secretary of State may at any time, if he thinks
fit (and whether on the application of the responsible officer
or not) vary the terms and conditions of a licence granted in
respect of a licensed pistol club, by notice in writing :
(a) to the responsible officer; or
(b) to the persons, or any of the persons, for the time being
responsible for the management of the club.
(2) A notice varying a licence under subsection (1) above may
require the person or persons notified to deliver up the licence
to the Secretary of State within 21 days of the date of the notice
for the purpose of having it amended in accordance with the variation;
and it is an offence for a person so notified to fail to comply
with a notice under this subsection.
(3) An offence under subsection (2) above is punishable on summary
conviction with a fine not exceeding level 3 on the standard scale.
26. - (1) The Secretary of State may at any time, if he thinks
fit, revoke a licence by notice in writing:
(a) to the responsible officer of the club;
(b) to the persons, or any of the persons, for the time being
responsible for the management of the club.
(2) Where a licence is revoked the Secretary of State shall by
notice in writing :
(a) require the person or persons notified to surrender the licence
to him forthwith;
(b) require the person or persons notified to deliver forthwith
into the custody of the chief officer of police for the area in
which the premises are situated any small-calibre pistols stored
on the club premises;
(c) require the responsible officer to surrender to him the register
kept by him under section 28 below (or, if the register is kept
by means of a computer, a copy of the information comprised in
the register in a visible and legible form) within 21 days from
the date of the notice.
(3) Where the licence of a licensed pistol club is revoked by
the Secretary of State under subsection (1) above, notice shall
be given to each member of the club holding a firearm certificate
or visitor's firearm permit :
(a) informing the member that the licence has been revoked; and
(b) if the chief officer thinks fit, requiring the member to deliver
up his firearm certificate or, as the case may be, his visitor's
firearm permit within 21 days of the date of the notice, for the
purpose of amending it.
(4) A notice under subsection (3) above to a member of a pistol
club whose licence has been revoked shall be given by the chief
officer of police who granted the certificate or permit to that
member.
(5) The holder of a firearm certificate or a visitor's firearm
permit granted in respect of a small-calibre pistol which is required
by the certificate or permit to be kept at the licensed premises
of a licensed pistol club shall not be guilty of any offence under
this Act or the 1968 Act by reason only that the pistol continues
to be kept at those premises after the licence has been revoked
and before the pistol is delivered into police custody in accordance
with a notice under subsection (2) above.
(6) A small-calibre pistol delivered into police custody by virtue
of a notice under subsection (2) above shall not be released to
any person except on the authority of the chief officer of police
into whose custody it was delivered.
(7) The holder of a firearm certificate relating to the pistol,
or any other person who may lawfully have the pistol in his possession,
may apply in writing to the chief officer for the release of the
pistol (whether to him or to a person nominated by him).
(8) When such an application is made the chief officer of police
may require such written statements, from any person, as he considers
necessary for the purpose of determining the application.
(9) A person who fails to comply with a notice under subsection
(2) or (3) above commits an offence punishable on summary conviction
with a fine not exceeding level 3 on the standard scale.
27. - (1) The responsible officer of a licensed pistol club may,
without holding a firearm certificate, have a small-calibre pistol
or ammunition in his possession on the licensed premises of that
club.
(2) Any other officer or member of such a club may also, without
holding a firearm certificate, be in possession of a small-calibre
pistol or ammunition on those premises in any circumstances if
the chief officer of police for the area in which the premises
are situated has given his approval in writing for that person
to have possession of small-calibre pistols or ammunition in such
circumstances.
(3) Subject to subsections (4) and (5) below, a member of a licensed
pistol club who has not previously held a firearm certificate
in relation to a small-calibre pistol may, without holding a firearm
certificate, have in his possession a small-calibre pistol and
ammunition on licensed premises of that club when engaged in connection
with target shooting under the supervision of an officer of the
club.
(4) Subsection (3) above shall not apply to a person after the
end of the period of 28 days beginning with the first day on which
he has a small-calibre pistol in his possession by virtue of that
subsection.
(5) The application of subsection (3) above to members of a licensed
pistol club may be excluded or restricted in relation to the club
by limitations contained in the licence.
28. - (1) The responsible officer of a licensed pistol club shall
keep at the licensed premises of the club a register ("the
pistol register") relating to the small-calibre pistols stored
and used at those premises.
If two or more separate premises are licensed, a register shall
be kept at each of those premises.
(2) The responsible officer shall enter or cause to be entered
in the pistol register the following particulars in relation to
each pistol stored at the licensed premises at which the register
is kept, that is to say :
(a) the name and address of the person (or if more than one each
person) authorised by a firearm certificate or visitor's firearm
permit to have the pistol in his possession;
(b) a description of the pistol;
(c) the date on which the pistol was first stored at the premises;
(d) the date and time of any removal of the pistol from the premises
(together with the date of issue of any permit under section 13
above authorising the removal and the police force which issued
it);
(e) the date and time of the return of the pistol after being
removed;
(f) any other particulars required to be entered in the register
by regulations under section 29 below;
and any entry relating to the date on which a pistol was first
stored at the premises, or its subsequent removal from or return
to those premises, shall be made within twenty four hours of that
event.
(3) The information recorded on a pistol register shall (unless
the register is surrendered to the Secretary of State under section
26(2) above) be kept so that each entry made in it will be available
for inspection for at least five years from the date on which
it was made.
(4) It is an offence for the responsible officer :
(a) to fail to comply with any requirement of this section;
(b) knowingly or recklessly to make any entry in the pistol register
which is false in any material particular.
(5) An offence under subsection (4) above is punishable on summary
conviction with imprisonment for a term not exceeding six months
or a fine not exceeding level 5 on the standard scale or both.
29. - (1) The Secretary of State may by regulations :
(a) prescribe requirements in relation to licensed pistol clubs,
the operation of such clubs and the licensed premises of such
clubs;
(b) impose obligations on the responsible officer or the persons
responsible for the management of a licensed pistol club;
(c) impose obligations on persons who are authorised under section
27(2) above to have a small-calibre pistol in their possession
on licensed premises of licensed pistol clubs without holding
firearm certificates.
(2) The regulations may provide for breach of any provision made
under subsection (1)(b) or (c) above to be an offence punishable
on summary conviction with :
(a) imprisonment for a term not exceeding six months or a fine
not exceeding level 5 on the standard scale or both; or
(b) such lesser penalty as may be prescribed in the regulations.
(3) The regulations may provide that in any proceedings against
a person for an offence under the regulations, it is a defence
for him to prove that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.
(4) The power to make regulations under this section shall be
exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
30. - (1) A constable or civilian officer duly authorised in writing
in that behalf by the chief officer of police for the area in
which any licensed premises of a licensed pistol club are situated
may, on producing if required his authority :
(a) enter those premises, and
(b) inspect those premises, and anything on them,
for the purpose of ascertaining whether the provisions of this
Part, any regulations under section 29 above, and any limitations
or conditions contained in the licence of the club are being complied
with.
(2) The power of a constable or civilian officer under subsection
(1) above to inspect anything on licensed premises includes power
to require any information which is kept by means of a computer
and is accessible from the premises to be made available for inspection
in a visible and legible form.
(3) It is an offence for any person intentionally to obstruct
a constable or civilian officer in the exercise of his powers
under subsection (1) above.
(4) An offence under subsection (3) above is punishable on summary
conviction with a fine not exceeding level 3 on the standard scale.
31. - (1) It is an offence for a person knowingly or recklessly
to make a statement false in any material particular for the purpose
of procuring the grant, renewal or variation of a licence or the
release of a small-calibre pistol from police custody under section
26 above.
(2) An offence under subsection (1) above is punishable on summary
conviction with imprisonment for a term not exceeding six months
or a fine not exceeding level 5 on the standard scale or both.
32. - (1) This section applies where, in Great Britain :
(a) a firearm or ammunition to which section 1 of the 1968 Act
applies is sold, let on hire, lent or given by any person, or
(b) a shot gun is sold, let on hire or given, or lent for a period
of more than 72 hours by any person,
to another person who is neither a registered firearms dealer
nor a person who is entitled to purchase or acquire the firearm
or ammunition without holding a firearm or shot gun certificate
or a visitor's firearm or shot gun permit.
(2) Where a transfer to which this section applies takes place
:
(a) the transferee must produce to the transferor the certificate
or permit entitling him to purchase or acquire the firearm or
ammunition being transferred;
(b) the transferor must comply with any instructions contained
in the certificate or permit produced by the transferee;
(c) the transferor must hand the firearm or ammunition to the
transferee, and the transferee must receive it, in person.
(3) A failure by the transferor or transferee to comply with subsection
(2) above shall be an offence.
33. - (1) This section applies where in Great Britain :
(a) any firearm to which section 1 of the 1968 Act applies is
sold, let on hire, lent or given;
(b) any shot gun is sold, let on hire or given, or lent for a
period of more than 72 hours.
(2) Any party to a transfer to which this section applies who
is the holder of a firearm or shot gun certificate or, as the
case may be, a visitor's firearm or shot gun permit which relates
to the firearm in question shall within seven days of the transfer
give notice to the chief officer of police who granted his certificate
or permit.
(3) A notice required by subsection (2) above shall :
(a) contain a description of the firearm in question (giving its
identification number if any); and
(b) state the nature of the transaction and the name and address
of the other party;
and any such notice shall be sent by registered post or the recorded
delivery service.
(4) A failure by a party to a transaction to which this section
applies to give the notice required by this section shall be an
offence.
34. - (1) Where, in Great Britain :
(a) a firearm to which a firearm or shot gun certificate relates;
or
(b) a firearm to which a visitor's firearm or shot gun permit
relates,
is de-activated, destroyed or lost (whether by theft or otherwise),
the certificate holder who was last in possession of the firearm
before that event shall within seven days of that event give notice
of it to the chief officer of police who granted the certificate
or permit.
(2) Where, in Great Britain, any ammunition to which section 1
of the 1968 Act applies, and a firearm certificate or a visitor's
firearm permit relates, is lost (whether by theft or otherwise),
the certificate or permit holder who was last in possession of
the ammunition before that event shall within seven days of the
loss give notice of it to the chief officer of police who granted
the certificate or permit.
(3) A notice required by this section shall :
(a) describe the firearm or ammunition in question (giving the
identification number of the firearm if any);
(b) state the nature of the event;
and any such notice shall be sent by registered post or the recorded
delivery service.
(4) A failure, without reasonable excuse, to give a notice required
by this section shall be an offence.
(5) For the purposes of this section and section 35 below a firearm
is de-activated if it would, by virtue of section 8 of the 1988
Act be presumed to be rendered incapable of discharging any shot,
bullet or other missile.
35. - (1) Where, outside Great Britain, any firearm or shot gun
is sold or otherwise disposed of by a transferor whose acquisition
or purchase of the firearm or shot gun was authorised by a firearm
certificate or shot gun certificate, the transferor shall within
14 days of the disposal give notice of it to the chief officer
of police who granted his certificate.
(2) A failure to give a notice required by subsection (1) above
shall be an offence.
(3) Where, outside Great Britain :
(a) a firearm to which a firearm or shot gun certificate relates
is de-activated, destroyed or lost (whether by theft or otherwise);
or
(b) any ammunition to which section 1 of the 1968 Act applies,
and a firearm certificate relates, is lost (whether by theft or
otherwise),
the certificate holder who was last in possession of the firearm
or ammunition before that event shall within 14 days of the event
give notice of it to the chief officer of police who granted the
certificate.
(4) A failure, without reasonable excuse, to give a notice required
by subsection (3) above shall be an offence.
(5) A notice required by this section shall :
(a) contain a description of the firearm or ammunition in question
(including any identification number); and
(b) state the nature of the event and, in the case of a disposal,
the name and address of the other party.
(6) A notice required by this section shall be sent within 14
days of the disposal or other event :
(a) if it is sent from a place in the United Kingdom, by registered
post or by the recorded delivery service; and
(b) in any other case, in such manner as most closely corresponds
to the use of registered post or the recorded delivery service.
36. An offence under section 32, 33, 34 or 35 above shall :
(a) if committed in relation to a transfer or other event involving
a firearm or ammunition to which section 1 of the 1968 Act applies
be punishable :
(i) on summary conviction with imprisonment for a term not exceeding
six months or a fine not exceeding the statutory maximum or both;
(ii) on conviction on indictment with imprisonment for a term
not exceeding five years or a fine or both;
(b) if committed in relation to a transfer or other event involving
a shot gun be punishable on summary conviction with imprisonment
for a term not exceeding six months or a fine not exceeding level
5 on the standard scale or both.
37. For section 26 of the 1968 Act there shall be substituted
the following sections :
"Applications for firearm certificates.
26A. - (1) An application for the grant of a firearm certificate
shall be made in the prescribed form to the chief officer of police
for the area in which the applicant resides and shall state such
particulars as may be required by the form.
(2) Rules made by the Secretary of State under section 53 of this
Act may require any application for a firearm certificate to be
accompanied by up to four photographs of the applicant and by
the names and addresses of two persons who have agreed to act
as referees.
(3) The rules may require that, before considering an application
for a firearm certificate, the chief officer of police has the
following from each referee nominated by the applicant:
(a) verification in the prescribed manner of :
(i) any prescribed particulars; and
(ii) the likeness to the applicant of the photographs submitted
with the application;
(b) a statement in the prescribed form to the effect that he knows
of no reason why the applicant should not be permitted to possess
a firearm; and
(c) such other statements or information in connection with the
application or the applicant as may be prescribed.
Applications for shot gun certificates.
26B. - (1) An application for the grant of a shot gun certificate
shall be made in the prescribed form to the chief officer of police
for the area in which the applicant resides and shall state such
particulars as may be required by the form.
(2) Rules made by the Secretary of State under section 53 of this
Act may :
(a) require any application for a certificate to be accompanied
by up to four photographs of the applicant;
(b) require the verification in the prescribed manner of any prescribed
particulars and of the likeness of those photographs to the applicant;
(c) require any application for a certificate to be accompanied
by a statement by the person verifying the matters mentioned in
paragraph (b) above to the effect that he knows of no reason why
the applicant should not be permitted to possess a shot gun."
38. For subsection (1) of section 27 of the 1968 Act (special
provisions about the grant of firearms certificates) there shall
be substituted the following subsection :
"(1) A firearm certificate shall be granted where the chief
officer of police is satisfied :
(a) that the applicant is fit to be entrusted with a firearm to
which section 1 of this Act applies and is not a person prohibited
by this Act from possessing such a firearm;
(b) that he has a good reason for having in his possession, or
for purchasing or acquiring, the firearm or ammunition in respect
of which the application is made; and
(c) that in all the circumstances the applicant can be permitted
to have the firearm or ammunition in his possession without danger
to the public safety or to the peace."
39. - (1) There shall be established a central register of all
persons who have applied for a firearm or shot gun certificate
or to whom a firearm or shot gun certificate has been granted
or whose certificate has been renewed.
(2) The register shall :
(a) record a suitable identifying number for each person to whom
a certificate is issued; and
(b) be kept by means of a computer which provides access on-line
to all police forces.
40. For section 30 (revocation of certificates) of the Firearms
Act 1968 there shall be substituted the following sections :
"Revocation of firearm certificates.
30A. - (1) A firearm certificate may be revoked by the chief officer
of police for the area in which the holder resides on any of the
grounds mentioned in subsections (2) to (5) below.
(2) The certificate may be revoked if the chief officer of police
has reason to believe :
(a) that the holder is of intemperate habits or unsound mind or
is otherwise unfitted to be entrusted with a firearm; or
(b) that the holder can no longer be permitted to have the firearm
or ammunition to which the certificate relates in his possession
without danger to the public safety or to the peace.
(3) The certificate may be revoked if the chief officer of police
is satisfied that the holder is prohibited by this Act from possessing
a firearm to which section 1 of this Act applies.
(4) The certificate may be revoked if the chief officer of police
is satisfied that the holder no longer has a good reason for having
in his possession, or for purchasing or acquiring, the firearm
or ammunition which he is authorised by virtue of the certificate
to have in his possession or to purchase or acquire.
(5) A firearm certificate may be revoked if the holder fails to
comply with a notice under section 29(1) of this Act requiring
him to deliver up the certificate.
(6) A person aggrieved by the revocation of a certificate under
subsection (2), (3) or (4) of this section may in accordance with
section 44 of this Act appeal against the revocation.
Partial revocation of firearm certificates.
30B. - (1) The chief officer of police for the area in which the
holder of a firearm certificate resides may partially revoke the
certificate, that is to say, he may revoke the certificate in
relation to any firearm or ammunition which the holder is authorised
by virtue of the certificate to have in his possession or to purchase
or acquire.
(2) A firearm certificate may be partially revoked only if the
chief officer of police is satisfied that the holder no longer
has a good reason for having in his possession, or for purchasing
or acquiring, the firearm or ammunition to which the partial revocation
relates.
(3) A person aggrieved by the partial revocation of a certificate
may in accordance with section 44 of this Act appeal against the
partial revocation.
Revocation of shot gun certificates.
30C. - (1) A shot gun certificate may be revoked by the chief
officer of police for the area in which the holder resides if
he is satisfied that the holder is prohibited by this Act from
possessing a shot gun or cannot be permitted to possess a shot
gun without danger to the public safety or to the peace.
(2) A person aggrieved by the revocation of a shot gun certificate
may in accordance with section 44 of this Act appeal against the
revocation.
Revocation of certificates: supplementary.
30D. - (1) Where a certificate is revoked under section 30A or
30C of this Act the chief officer of police shall by notice in
writing require the holder to surrender the certificate.
(2) Where a certificate is partially revoked under section 30B
of this Act the chief officer of police shall by notice in writing
require the holder to deliver up the certificate for the purpose
of amending it.
(3) It is an offence for the holder of a certificate to fail to
comply with a notice under subsection (1) or (2) above within
twenty-one days from the date of the notice.
(4) If an appeal is brought against a revocation or partial revocation
:
(a) this section shall not apply to that revocation or partial
revocation unless the appeal is abandoned or dismissed; and
(b) it shall then apply with the substitution, for the reference
to the date of the notice, of a reference to the date on which
the appeal was abandoned or dismissed.
(5) This section shall not apply in relation to :
(a) the revocation of a firearm certificate on any ground mentioned
in section 30A(2), (3) or (4) of this Act;
(b) the revocation of a shot gun certificate,
if the chief officer of police serves a notice on the holder under
section 12 of the Firearms Act 1988 requiring him to surrender
forthwith his certificate and any firearms and ammunition in his
possession by virtue of the certificate."
41. - (1) For section 44 of the 1968 Act (appeals against police
decisions) there shall be substituted the following section :
"Appeals against police decisions.
44. - (1) An appeal against a decision of a chief officer of police
under section 28A, 29, 30A, 30B, 30C, 34, 36, 37 or 38 of this
Act lies :
(a) in England and Wales, to the Crown Court; and
(b) in Scotland, to the sheriff.
(2) An appeal shall be determined on the merits (and not by way
of review).
(3) The court or sheriff hearing an appeal may consider any evidence
or other matter, whether or not it was available when the decision
of the chief officer was taken.
(4) In relation to an appeal specified in the first column of
Part I of Schedule 5 to this Act, the third column shows the sheriff
having jurisdiction to entertain the appeal.
(5) In Schedule 5 to this Act :
(a) Part II shall have effect in relation to appeals to the Crown
Court; and
(b) Part III shall have effect in relation to appeals to the sheriff."
(2) In Schedule 5 to the 1968 Act (provisions as to appeals),
after Part II there shall be inserted :
"PART III
APPEALS IN SCOTLAND
1. An appeal to the sheriff shall be by way of summary application.
2. An application shall be made within 21 days after the date
on which the appellant has received notice of the decision of
the chief officer of police in respect of which the appeal is
made.
3. On the hearing of the appeal the sheriff may either dismiss
the appeal or give the chief officer of police such directions
as he thinks fit as respects the certificate or register which
is the subject of the appeal.
4. The decision of the sheriff on an appeal may be appealed only
on a point of law."
42. - (1) In section 8 of the 1968 Act (authorised dealing with
firearms), after subsection (1) there shall be inserted the following
subsection :
"(1A) Subsection (1) above applies to the possession, purchase
or acquisition of a firearm or ammunition in the ordinary course
of the business of a firearms dealer notwithstanding that the
firearm or ammunition is in the possession of, or purchased or
acquired by, the dealer or his servant at a place which is not
a place of business of the dealer or which he has not registered
as a place of business under section 33 or 37 of this Act."
(2) In section 33(3) of the 1968 Act (applications for registration
as firearms dealer) :
(a) for the words from the beginning to "applicant"
there shall be substituted the words "An applicant for registration
as a firearms dealer";
(b) after the word "shall", in the second place it appears,
there shall be inserted the words "(if he registers the applicant
as a firearms dealer)".
43. - (1) For section 46 of the 1968 Act (power of search with
warrant), there shall be substituted the following section :
"Power of search with warrant.
46. - (1) If a justice of the peace or, in Scotland, the sheriff,
is satisfied by information on oath that there is reasonable ground
for suspecting :
(a) that an offence relevant for the purposes of this section
has been, is being, or is about to be committed; or
(b) that, in connection with a firearm or ammunition, there is
a danger to the public safety or to the peace,
he may grant a warrant for any of the purposes mentioned in subsection
(2) below.
(2) A warrant under this section may authorise a constable or
civilian officer :
(a) to enter at any time any premises or place named in the warrant,
if necessary by force, and to search the premises or place and
every person found there;
(b) to seize and detain anything which he may find on the premises
or place, or on any such person, in respect of which or in connection
with which he has reasonable ground for suspecting :
(i) that an offence relevant for the purposes of this section
has been, is being or is about to be committed; or
(ii) that in connection with a firearm, imitation firearm or ammunition
there is a danger to the public safety or to the peace.
(3) The power of a constable or civilian officer under subsection
(2)(b) above to seize and detain anything found on any premises
or place shall include power to require any information which
is kept by means of a computer and is accessible from the premises
or place to be produced in a form in which it is visible and legible
and can be taken away.
(4) The offences relevant for the purposes of this section are
all offences under this Act except an offence under section 22(3)
or an offence relating specifically to air weapons.
(5) It is an offence for any person intentionally to obstruct
a constable or civilian officer in the exercise of his powers
under this section."
(2) In section 57(4) of the 1968 Act (interpretation) after the
definition of "certificate" there shall be inserted
the following definition :
""civilian officer" means :
(a) a person employed by a police authority or the Corporation
of the City of London who is under the direction and control of
a chief officer of police; or
(b) a person employed under the Commissioner of Police for the
Metropolis or the Receiver of the Metropolitan Police District
who is not a constable and whose salary is paid out of the Metropolitan
Police Fund."
(3) In Part I of Schedule 6 to the 1968 Act (prosecution and punishment
of offences), after the entry for section 42A there shall be inserted
the following entry :
"Section 46.
Obstructing constable or civilian officer in exercise of search
powers.
Summary.
6 months or a fine of level 5 on the standard scale; or both."
44. - (1) If a chief officer of police is satisfied, on an application
for the grant or renewal of a firearm certificate in relation
to any rifle or muzzle-loading pistol which is not a prohibited
weapon, that the applicant's only reason for having it in his
possession is to use it for target shooting, any certificate which
may be granted to the applicant or, as the case may be, renewed
shall be held subject to the following conditions (in addition
to any other conditions), namely :
(a) the rifle or pistol is only to be used for target shooting;
and
(b) the holder must be a member of an approved rifle club or,
as the case may be, muzzle-loading pistol club specified in the
certificate.
(2) In this section, "muzzle loading pistol" means a
pistol designed to be loaded at the muzzle end of the barrel or
chamber with a loose charge and a separate ball (or other missile).
45. - (1) For section 15 of the 1988 Act (rifle and pistol clubs)
there shall be substituted the following section :
"Approved rifle clubs and muzzle-loading pistol clubs.
15. - (1) Subject to subsection (4) below, a member of a rifle
club approved by the Secretary of State may, without holding a
firearm certificate, have in his possession a rifle and ammunition
when engaged as a member of the club in connection with target
shooting.
(2) Any rifle club may apply for approval, whether or not it is
intended that any club members will, by virtue of subsection (1)
above, have rifles or ammunition in their possession without holding
firearm certificates.
(3) The Secretary of State may publish such guidance as he considers
appropriate for the purpose of informing those seeking approval
for a club of criteria that must be met before any application
for such approval will be considered.
(4) The application of subsection (1) above to members of an approved
rifle club may :
(a) be excluded in relation to the club, or
(b) be restricted to target shooting with specified types of rifle,
by limitations contained in the approval.
(5) An approval :
(a) may be granted subject to such conditions specified in it
as the Secretary of State thinks fit;
(b) may at any time be varied or withdrawn by the Secretary of
State; and
(c) shall (unless withdrawn) continue in force for six years from
the date on which it is granted or last renewed.
(6) There shall be payable on the grant or renewal of an approval
a fee of £84 but this subsection shall be included in the
provisions which may be amended by an order under section 43 of
the principal Act.
(7) A constable or civilian officer authorised in writing in that
behalf may, on producing if required his authority, enter any
premises occupied or used by an approved rifle club and inspect
those premises, and anything on them, for the purpose of ascertaining
whether the provisions of this section, and any limitations or
conditions in the approval, are being complied with.
(8) The power of a constable or civilian officer under subsection
(7) above to inspect anything on club premises shall include power
to require any information which is kept by means of a computer
and is accessible from the premises to be made available for inspection
in a visible and legible form.
(9) It is an offence for a person intentionally to obstruct a
constable or civilian officer in the exercise of his powers under
subsection (7) above; and that offence shall be punishable on
summary conviction with a fine not exceeding level 3 on the standard
scale.
(10) In this section and section 15A below :
"approval", means an approval under this section; and
"approved" shall be construed accordingly;
"civilian officer" has the same meaning as in the principal
Act; and
"rifle club" includes a miniature rifle club.
(11) This section applies in relation to a muzzle-loading pistol
club and its members as it applies to a rifle club and its members
with the substitution for any reference to a rifle of a reference
to a muzzle-loading pistol.
(12) In subsection (11) above :
"muzzle-loading pistol club" means a club where muzzle-loading
pistols are used for target shooting; and
"muzzle-loading pistol" means a pistol designed to be
loaded at the muzzle end of the barrel or chamber with a loose
charge and a separate ball (or other missile).".
(2) A club may be approved by the Secretary of State under section
15 of the 1988 Act and also licensed under this Act as a pistol
club.
(3) Any approval of a rifle or miniature rifle club or muzzle-loading
pistol club under section 15 of the 1988 Act which is in force
immediately before the commencement of this section shall have
effect as if it were an approval under section 15 of the 1988
Act as substituted by subsection (1) above.
46. After section 15 of the 1988 Act there shall be inserted the
following section :
"Coterminous pistol club licences and rifle club approvals.
15A. - (1) Where an application is made on behalf of a club which
is approved under section 15 above for the grant or renewal of
a pistol club licence, the officer of the club making the application
may also apply for the club's approval to be withdrawn and replaced
by a new approval taking effect on the same day as that on which
the licence is granted or renewed.
(2) Where an application is made on behalf of a club which has
a pistol club licence for the grant or renewal of approval under
section 15 above, that approval may, if the club so requests,
be granted or renewed for such period less than six years as will
secure that it expires at the same time as the licence.
(3) The fee payable on the grant or renewal of an approval which
:
(a) takes effect, whether by virtue of subsection (1) above or
otherwise, at the same time as a pistol club licence granted or
renewed in respect of that club, or
(b) is granted or renewed by virtue of subsection (2) above for
a period less than six years,
shall be £21 instead of that specified in section 15(6) above.
This subsection shall be included in the provisions that may be
amended by an order under section 43 of the principal Act.
(4) In this section "pistol club licence" means a licence
under section 21 of the Firearms (Amendment) Act 1997.".
47. In the Schedule to the 1988 Act (firearms and ammunition in
museums to which the Schedule applies) :
(a) the existing provisions of paragraph 5 shall be numbered as
sub-paragraph (1) of that paragraph;
(b) after that sub-paragraph there shall be inserted the following
sub-paragraphs :
"(2) This Schedule also applies to any museum or similar
institution in Great Britain which is of a description specified
in an order made for the purposes of this sub-paragraph by the
Secretary of State and whose collection includes or is to include
firearms.
(3) An order under sub-paragraph (2) above may specify any description
of museum or similar institution which appears to the Secretary
of State to have as its purpose, or one of its purposes, the preservation
for the public benefit of a collection of historical, artistic
or scientific interest.
(4) The power to make an order under sub-paragraph (2) above shall
be exercisable by statutory instrument.".
48. Any reference to an air rifle, air pistol or air gun :
(a) in the Firearms Acts 1968 to 1997; or
(b) in the Firearms (Dangerous Air Weapons) Rules 1969 or the
Firearms (Dangerous Air Weapons) (Scotland) Rules 1969,
shall include a reference to a rifle, pistol or gun powered by
compressed carbon dioxide.
49. - (1) Any expenses incurred by the Secretary of State which
are attributable to the provisions of this Act, and any sums required
by him for making payments under this Act, shall be paid out of
money provided by Parliament.
(2) Any fees received by the Secretary of State under section
21(6) above shall be paid into the Consolidated Fund.
50. - (1) In this Act :
"licence", "licensed pistol club" and "licensed
premises" have the meanings given by section 19 above;
"small-calibre pistol" means :
(a) a pistol chambered for .22 or smaller rim-fire cartridges;
or
(b) an air pistol to which section 1 of the 1968 Act applies and
which is designed to fire .22 or smaller diameter ammunition;
"the 1968 Act" means the Firearms Act 1968;
"the 1988 Act" means the Firearms (Amendment) Act 1988.
(2) Any expression used in this Act which is also used in the
1968 Act or the 1988 Act has the same meaning as in that Act.
(3) Any reference in the 1968 Act to a person who is by virtue
of that Act entitled to possess, purchase or acquire any weapon
or ammunition without holding a certificate shall include a reference
to a person who is so entitled by virtue of any provision of this
Act.
(4) Sections 46, 51(4) and 52 of the 1968 Act (powers of search,
time-limit for prosecutions and forfeiture and cancellation orders
on conviction) shall apply also to offences under this Act.
(5) Sections 53 to 56 and section 58 of the 1968 Act (rules, Crown
application, service of notices and savings) shall have effect
as if this Act were contained in that Act.
(6) The provisions of this Act shall be treated as contained in
the 1968 Act for the purposes of the Firearms Act 1982 (imitation
firearms readily convertible into firearms to which section 1
of the 1968 Act applies).
51. - (1) The Secretary of State may by regulations make such
transitional and consequential provisions and such savings as
he considers necessary or expedient in preparation for, in connection
with, or in consequence of :
(a) the coming into force of any provision of this Act; or
(b) the operation of any enactment repealed or amended by a provision
of this Act during any period when the repeal or amendment is
not wholly in force.
(2) Regulations under this section may make modifications of any
enactment contained in this or in any other Act.
(3) The power to make regulations under subsection (2) above shall
be exercisable by statutory instrument which shall be subject
to annulment in pursuance of a resolution of either House of Parliament.
52. - (1) Schedule 2 (minor and consequential amendments) shall
have effect.
(2) The enactments mentioned in Schedule 3 (which include spent
enactments) are repealed to the extent specified in the third
column of that Schedule.
53. - (1) This Act may be cited as the Firearms (Amendment) Act
1997.
(2) This Act and the Firearms Acts 1968 to 1992 may be cited together
as the Firearms Acts 1968 to 1997.
(3) This Act shall come into force on such day as the Secretary
of State may by order made by statutory instrument appoint; and
different days may be appointed for different purposes and different
areas.
(4) An order under subsection (3) above may contain such transitional
provision and savings (whether or not involving the modification
of any statutory provision) as appear to the Secretary of State
to be necessary or expedient in connection with any provisions
brought into force.
(5) This Act does not extend to Northern Ireland.
(omissis the SCHEDULES)