Restrictions on transfer of firearms Flashcards
Q: What is the Act that restricts the transfer of firearms?
Firearms Amendment Act 1997- created a number of offences concerned with the private transfer, lending and hiring of firearms and ammunition.
Q: What is meant by ‘private’?
Private- means not by way of trade or business.
Q: What are the requirements when a firearm is transferred to one person to another?
Activities involving s1 firearms are considered more serious than those involving other firearms or shot guns.
Someone transferring a s1 firearm or ammunition to another must produce a certificate or permit entitling him to do so, must comply with any conditions of that certificate or permit and must personally hand the firearm or ammo over the recipient (face to face transactions only).
Q: What does ‘transfer’ cover?
Selling, hiring out, lending, or giving as a gift.
Q: What steps does the person who transfers the firearm to another have to take? Who must they update and over what timescale?
Any holder of a firearm certificate or permit who is involved in any such transfer, including any lending of a shotgun for a period of more than 72 ours, must within 7 days of the transfer give notice in writing with details of the transaction to the Chief Officer of Police who granted the certificate or permit.
Q: What happens if firearms or ammo is lost/stolen?
Certificate and permit holders are also required to give notice where a firearm is lost or stolen, deactivated, or destroyed or where a firearm is sold outside Great Britain.
Notice must also be given if any ammo is lost.
Q: What does the 1968 Act add in terms of trade transactions?
S3(1) Firearms Act 1968- covers trade transactions made by persons who are not registered as a firearms dealer.
A person commits an offence if, by way of trade or business, he-
(a) manufactures, sells, transfers, repairs, tests or proves any firearm or ammunition to which section 1 of this Act applies, or a shot gun;
(b) exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof any such firearm or ammunition, or a shot gun, or
(c) sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,
without being registered under the Act as a firearms dealer.
Q: What type of offence is s3(1)?
Summary offence.
Maximum penalty of 6 months.
Q: Who are firearms dealers?
Defined as a person who by way of trade or business, manufacturers, sells, transfer, repairs, tests or proves firearms or ammo to which s1 Firearms Act 1968 applies or shot guns or who sells or transfers air weapons.
Q: How does someone become ‘registered’?
Registration is under s33 of the Act and it involves an application to the Chief Officer of Police for the area, who has the responsibility for maintaining a register of dealers and approving applications.
Q: What offence does s3(2) of the Act introduce?
S3(2) 1968 Act
It is an offence for a person to sell or transfer to any other person in the United Kingdom, other than a registered firearms dealer, any firearm or ammunition to which section 1 of this Act applies, or a shot gun, unless that other produces a firearm certificate authorising him to purchase or acquire it or, as the case may be, his shot gun certificate, or shows that he is by virtue of this Act entitled to purchase or acquire it without holding a certificate.
Q: What offence does s3(3) of the Act introduce?
S3(3) 1968 Act
It is an offence for a person to undertake the repair, test or proof of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, for any other person in the United Kingdom other than a registered firearms dealer as such, unless that other produces or causes to be produced a firearm certificate authorising him to have possession of the firearm or ammunition or, as the case may be, his shot gun certificate, or shows that he is by virtue of this Act entitled to have possession of it without holding a certificate.
Q: What type of offence is s3(3)?
Triable either way.
Carrying maximum sentence on indictment of 5 years.
Q: What is the exception to the offences above?
It is not an offence for an auctioneer to sell by auction or to possess for that purpose a firearm or ammunition without being registered as a firearms dealer, provided he holds a police permit for that purpose.
Additional exceptions cover warehouse staff and carriers and transfers to people authorised to possess firearms without a certificate.
Q: How should commercial business transactions take place/be carried out?
Commercial business transactions should be done by registered dealers. Anyone who trades in firearms or who manufactures, repairs, tests or proves them without being registered commits a s3(1) offence.
