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47 Cards in this Set

  • Front
  • Back
CATEGORIES
Broadly speaking, firearms can be classified into the following
three types: -
Section 1
Those firearms with "rifled" barrels, but excluding those which are air weapons.
CATEGORIES
Broadly speaking, firearms can be classified into the following
three types: -
Section 2
Those firearms having a smooth bore barrel (i.e. shotguns)
CATEGORIES
Broadly speaking, firearms can be classified into the following
three types: -
Air Weapons
Air weapons, whether rifled or not, which use compressed air to discharge missiles.
The Firearms Act 1968
SECTION 1
Section 1 of the Act creates an offence for any person to possess, purchase or acquire any firearm or ammunition to which Section 1 applies: -
1. Without holding a Firearms Certificate
2. Otherwise than authorised by such a Certificate*
Note: - the Act does, however, authorise possession,
purchase or acquisition without a certificate in certain
circumstances.
WHAT FIREARMS DOES SECTION 1 APPLY TO?
So what firearms does Section 1 of the Act apply to?
Well, it includes ALL firearms except: -
1. Shotguns (to which Section 2 applies)
2. Air Weapons (provided that it is not a type declared
specially dangerous by the Secretary of State)
Note: - Section One also applies to any imitation firearm
which looks like a Section 1 firearm, if it can be readily
converted to a firearm, by a layperson using normal
household tools such as a drill.
AMMUNITION
Ammunition to which Section 1 of the Act applies includes all
ammunition except : -
1. Cartridges containing 5 or more shot, none of which
exceeds .36" in diameter (i.e. most shotgun cartridges)
2. Air Weapon ammunition
3. Blank cartridges not exceeding 1" in diameter
Grant and Renewal of Firearms Certificates
REQUIREMENTS
Before a person is granted a firearms certificate, or before the
certificate is renewed, the applicant must satisfy the Chief
Constable of the following: -
(1) They have good reason for possessing or acquiring the
relevant firearm and ammunition (e.g. member of a shooting
club, permission to shoot game/vermin over suitable land
etc.); and
(2) They can be permitted to possess the firearm or
ammunition without endangering public safety or peace (i.e.
they are of good character etc.); and
(3) They have paid the appropriate fee for grant or renewal.
Note: - Applicants can be required to submit up to...one of which will be attached to the firearm or shotgun certificate as appropriate.
four photographs of themselves,
On the initial application for the grant of a firearms certificate it is necessary that the application be countersigned by two reputable members of the community, e.g.
a Justice of the Peace or a member of the Clergy. They have to sign it to the effect that they have known the applicant for at least two years and the details on the application are correct and to the best of their knowledge.
The Chief Constable may require the persons countersigning to submit a...
a statement to the effect that they know of no
reason why the applicant should not be permitted to possess a firearm.
In practice you will find that increasingly the applications are being countersigned by persons who have known the
applicant for a considerable period of time irrespective
of whether they are of professional standing or not.
Most countersigning persons who have known the
applicant for a considerable period of time can speak
to an applicants good character unlike many professionals who may only know the applicant through
business etc.
How long is PERIOD OF VALIDITY?
Unless previously revoked firearms certificates are valid for 5 years.
How many arms does a Firearms Certificate allow?
Such a certificate does not authorise the possession of
firearms or ammunition in general, but only authorise specific numbers and types of firearms and ammunition as detailed on the certificate.
Before the renewal or grant of a certificate, an officer would be called upon to enquire into the application and submit a report covering...
specific numbers and types of firearms and ammunition as detailed on the certificate Particularly in the case of a renewal, the officer would also check the certificate and the conditions attached to the certificate.
PROHIBITED PERSONS
Persons sentenced to a period of imprisonment of 3 or more years may...
NEVER thereafter possess a firearm or ammunition
at any time and are described by the Act as prohibited
persons.
Prohibited persons include 5 year prohibition for
persons...
detained/sentenced to 3 months – 3years.
SECTION 27
Section 27 of the Firearms Act 1968 stipulates that a firearm certificate shall not be granted to:-
1. Persons who are prohibited by the Act.
2. A person who is of unsound mind.
3. A person who is of intemperate habits. Intemperate can
be described as "Lacking moderation, temper or control."
4. A person whom a Chief Constable has reason to believe is
unfit (for any reason) to be entrusted with a firearm.
All firearms certificates are granted subject to the following conditions:-
An easy way for you to remember these conditions is by using the mnemonic LASTS
Loss- The holder must inform the Chief Constable without delay of the loss of a certificate or the theft, loss, deactivation or destruction of any shotgun to which the certificate relates
Address- The holder must inform the Chief Constable of any change of permanent address
Secure-Shot guns must be stored securely to prevent access by unauthorised persons
Theft- See loss
Sign- Holder must sign the certificate in ink upon receipt
In addition to these conditions the Chief Constable may impose any other conditions they see fit in the circumstances (e.g. limiting the use of the weapon to certain specified farmlands etc).
OFFENCES
The holder of a firearms certificate commits an offence if he fails to comply with any of the conditions mentioned.
An easy way for you to remember these conditions is by using the mnemonic LASTS
Loss- The holder must inform the Chief Constable without delay of the loss of a certificate or the theft, loss, deactivation or destruction of any shotgun to which the certificate relates
Address- The holder must inform the Chief Constable of any change of permanent address
Secure-Shot guns must be stored securely to prevent access by unauthorised persons
Theft- See loss
Sign- Holder must sign the certificate in ink upon receipt
In addition to these conditions the Chief Constable may impose any other conditions they see fit in the circumstances (e.g. limiting the use of the weapon to certain specified farmlands etc).
Sale and Transfer of Firearms
OFFENCES
Section 3 of the Act creates an offence for any person to sell or otherwise transfer any firearm or ammunition to which Section 1 or 2 of the Act applies unless either:-
1. The recipient produces a certificate authorising his
possession of the firearm or ammunition ; or
2. The recipient is a 'registered firearms dealer' authorised under the Act to deal in Firearms etc; or
3. They are otherwise exempt under the Act. For example the military purchasing ammunition.
SALE AND TRANSFER OF SECTION 1
FIREARMS/AMMUNITION
Before a person can acquire a Section 1 firearm or
ammunition, for the first time, they must obviously first apply for the grant of...
a firearms certificate.
SALE AND TRANSFER OF SECTION 1
FIREARMS/AMMUNITION
Presuming that the certificate is granted, the certificate is issued with merely a...
description of the firearms and
ammunition authorised to be possessed (ie there will be no
details of the serial number or make of the firearm, as this is
not yet known).
SALE AND TRANSFER OF SECTION 1
FIREARMS/AMMUNITION
On transferring the firearm the supplier must first check that the person acquiring the weapon or ammunition is authorised by the certificate. If all is in order the supplier must then complete...
table 1 or 2, on the rear of the certificate, with the
precise details of the weapon, including quantity, make and serial numbers etc.
Remember that the supplier could be a...
registered firearms dealer or an individual making a private sale.
It can be seen, therefore, that a check of any firearms
certificate must involve checking both:-
1. Firearms and ammunition authorised to be possessed (detailed on the front of the certificate); and
2. Firearms and ammunition subsequently acquired (detailed in tables 1 or 2 on the rear of the certificate)
Any person, other than a 'firearms dealer', supplying a
firearm to another, must inform the Chief Constable of the transaction within...
7 days (by registered post or recorded
delivery). There is now a legal requirement on the purchaser to also inform the Chief Constable of the transaction
If a certificate holder wishes to obtain a different type, or
additional, firearm, they must apply to have their certificate altered. This involves...
an appropriate enquiry being made,
similar to the grant or renewal enquiry and an additional fee.
Shotguns
SECTION 2
Section 2 of the Act creates an offence for any person to
possess, purchase or acquire any shotgun without...
having a valid shotgun certificate.
WHAT IS A SHOTGUN?
A shotgun is: -
a smooth bore gun, not being an air weapon which has a
barrel:-
1. Not less than 24 inches in length.
2. A barrel bore not exceeding 2 inches in diameter; and
3. It must NOT have a magazine capable of holding more than two cartridges.
Any weapon not fulfilling any of these conditions would be classed as a Section 1 firearm. For example
a shotgun with a magazine capable of holding 6 cartridges.
With the exception of air weapon ammunition, all ammunition not covered by Section 1 of the Firearms Act, 1968 which is capable of use in a shotgun is included in...
Section 5 of the
Firearms (Amendment) Act 1988.
SECTION 5
This section (Section 5) makes it an offence for any person to sell such ammunition to another person in the United Kingdom unless the purchaser: -
1. Is a shotgun certificate holder; or
2. Is exempted under the Acts from having to obtain a
shotgun certificate; or
3. Produces the certificate and written consent of the
certificate holder authorising the purchase of ammunition for the certificate holder.
SECTION 7
Grant and Renewal of Shotgun Certificates
REQUIREMENTS
Before a person is granted a shotgun certificate, or before the certificate is renewed, the applicant must satisfy the Chief Constable of the following:-
1. They have good reason for possessing or acquiring the relevant shotgun (e.g. member of a shooting club, permission to shoot game/vermin over suitable land etc.); and
2. They can be permitted to possess the shotgun without endangering public safety or peace (i.e. they are of good character etc.); and
3. They have paid the appropriate fee for grant or renewal.
On the initial application for the grant of a shotgun certificate it is necessary that the application be countersigned by a reputable member of the community, eg.
a bank manager. They sign to the effect that they have known the applicant for at least two years and the details on the application are correct and to the best of their knowledge.
Like firearms applications, the Chief Constable may require a person countersigning to submit a...
statement to the effect that they know of no reason why the applicant should not be permitted to possess a firearm.
Unless previously revoked a shotgun certificate granted or renewed is valid for...
5 years.
does a shotgun certificate limit the holder to a specific type or number of shotguns?
A shotgun certificate does not limit the holder to a specific type or number of shotguns to be acquired or possessed. This is where firearms and shotgun certificates differ greatly.
Shotguns- Before the renewal or grant of a certificate, an officer would be called upon to enquire into the application and submit
a report covering the above points. Particularly in the case of a renewal, the officer would also check the certificate and the conditions attached to the certificate
SECTION 8
Grant/Renewal
CONDITIONS
All shotgun certificates are granted subject to the following conditions:-
Remember the mnemonic - LASTS
Loss- The holder must inform the Chief Constable without delay of the loss of a certificate or the theft, loss, deactivation or destruction of any shotgun to which the certificate relates
Address- The holder must inform the Chief Constable of any change of permanent address
Secure-Shot guns must be stored securely to prevent access by unauthorised persons
Theft- See loss
Sign- Holder must sign the certificate in ink upon receipt
The Act does not empower the Chief Constable to impose any other conditions.
The holder of a shotgun certificate commits an offence if they fail to comply with any such conditions. ie...
Loss- The holder must inform the Chief Constable without delay of the loss of a certificate or the theft, loss, deactivation or destruction of any shotgun to which the certificate relates
Address- The holder must inform the Chief Constable of any change of permanent address
Secure-Shot guns must be stored securely to prevent access by unauthorised persons
Theft- See loss
Sign- Holder must sign the certificate in ink upon receipt
The Act does not empower the Chief Constable to impose any other conditions.
SECTION 9
Sale and Transfer of Shotguns
FOUR CONDITIONS
Certain conditions must be complied with before any sale or transfer of a shotgun takes place. These include:-
The suppliers of the shotgun must satisfy themselves that the acquirer is:-
1. A shotgun certificate holder; or
2. A registered firearms dealer; or
3. Otherwise exempt under the Act.
4. Details of the transaction must be entered in the
transferees shotgun certificate by the transferor and
notification must be sent by both parties to their respective Chief Constables within seven days, by recorded or registered post.
SECTION 10
Certificates
CO-TERMINOUS CERTIFICATES
The granting of co-terminous certificates allows the renewal dates of a holders shotgun certificate and firearms certificate to be the same, which cuts administration costs and therefore a reduced fee can be passed onto the holder. The co-terminous certificate can be granted as follows: -
1. At renewal or grant of a shotgun certificate reducing its specified period of validity to bring it in line with the holder’s firearms certificate.
2. At grant or renewal of a firearms certificate, surrendering existing shotgun certificate and applying for a new shotgun certificate to take effect same day as that of the firearm certificate.
PRODUCTION OF CERTIFICATES
Section 48 of the Firearms Act 1968, provides that a
constable may demand production of the relevant firearms or shotgun certificate from any person they believe to be in possession of
any Section 1 firearm, Section 1 ammunition or
shotgun.
If the person fails to produce the certificate on demand, or refuses to allow the constable to read it, the constable may seize any weapons and ammunition and demand the persons name and address. A person who refuses to give their name and address in such cases, commits...
an offence and may be arrested without warrant.
EXEMPTIONS FROM REQUIRING CERTIFICATES
The following are some examples of persons exempt from
requiring firearms or shotgun certificates:-
1. Registered firearms dealers and their employees, acting in the course of their business.
2. A person carrying firearms or ammunition for a certificate holder but only for the use of the certificate holder for sporting purposes (ie a gunbearer)
3. Persons on private premises using a shotgun owned by the occupier of the land, and in their presence.
4. Members of approved rifle clubs, whilst at club meetings etc.
5. Persons at shooting galleries using rifles which do not exceed .23" calibre.
6. Firearms, used with blanks, for starting races at athletic meetings.
7. Emergency flares etc used on boats and aircraft.
8. Antique firearms kept solely as a curiosity or ornament, and for which no suitable ammunition is kept.
Does an Air Weapon require a Certificate?
No certificate is required in the case of air weapons, or air weapon ammunition, unless the weapon is of a type declared especially dangerous by the Secretary of State.