Topic 6 - UK Firearms Legislation

Question 1

What was the first act to try and restrict the sale and ownership of firearms?

Answer 1

The Pistols Act of 1903

Question 2

What did the Pistols Act of 1903 include?

Answer 2

• The Act had 9 sections and applied only to pistols.
• It defined a pistol as a firearm whose barrel did not exceed 9” (230 mm).
• The act made it illegal to sell or rent a pistol to
  anyone unless they could produce a current gun
  licence or game licence.
• The Act was rather ineffective as anyone could just go and purchase a licence from a Post Office.

Question 3

What was the first legislation to place a restriction on the possession of firearms?

Answer 3

The 1920 Firearms Act

Question 4

What did the 1920 Firearms Act include?

Answer 4

• The Act required anyone planning to purchase or own a firearm or ammunition to obtain a firearm certificate first.
• Certificates lasted for three years and specified the weapon and the maximum amount of ammunition the holder could acquire or possess.
• Local police Chief Constables decided who could hold a certificate.
• Applicants were required to demonstrate that they had a good reason to need a certificate.
• Initially, the act ignored smooth-bore weapons, which were still available for purchase at any hardware shop.

Question 5

What was the 1920 Firearms Act amended to?

Answer 5

The 1937 Firearms Act

Question 6

What was amended in the 1937 Firearms Act?

Answer 6

• Raising the minimum age for buying a firearm or airgun to 17.
• Brought shotguns and other smooth-bore weapons with barrels of less than 20” (510 mm) into the legislation.
• Produced the requirement for gun dealers to be licensed.
• Chief Constables could add conditions to firearm certificates.
• “Self-defence” was no longer appropriate grounds to possess a firearm.
• Banned the private ownership of fully automatic weapons

Question 7

What is the current legislation for firearms?

Answer 7

The 1968 Firearms Act

Question 8

What did the 1968 Firearms Act create?

Answer 8

The act created 3 main firearm classification groups:
* Section 1: Firearms
* Section 2: Shotguns
* Section 5: Prohibited weapons
* Air weapons largely do not come under the act unless they’re considered “specially dangerous”.

Question 9

What extra provisions exist for owning a firearm?

Answer 9

• Applicants for certificates have to show a ‘good reason’ for possessing the weapon or ammunition.
• Medical checks are starting to be introduced as a requirement before application/renewal of certificates.
• Kent Police has made it mandatory for anyone applying for the grant or renewal of a shotgun or firearm certificate to have their medical declaration information verified by their GP confirming that they do not suffer any relevant medical conditions.

Question 10

What extra provisions does the 1968 Firearms Act have?

Answer 10

• Firearms should be stored in a secure gun
  cabinet (or secure rack for a single firearm), with
  ammunition stored in a separate locked area.
• The Act permanently prohibits the possession of firearms or ammunition for anyone sentenced to imprisonment for 3 years or more.
• A sentence of three months to three years
  imprisonment results in a five year ban.

Question 11

In terms of the 1968 Firearms Act S57, what is a firearm?

Answer 11

• A lethal barrelled weapon;
• A barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
• A prohibited weapon;
• A relevant component part in relation to a lethal barrelled weapon or a prohibited weapon;

Question 12

What are the relevant components in relation to a lethal barrelled weapon or prohibited weapons in terms of the 1968 Firearms Act?

BCC, FBR, BBB

Answer 12

• A barrel, chamber or cylinder;
• A frame, body or receiver;
• A breech block, bolt or other mechanisms for containing the pressure of discharge at the rear of a chamber;
• But only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.

Question 13

In the 1968 Firearms Act S57, what is a firearm in terms of accessories?

Answer 13

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

Question 14

In the 1968 Firearms Act S57, what is ammunition?

Answer 14

• Ammunition for any firearm and includes grenades, bombs and other like missiles whether capable of use with a firearm or not and also includes prohibited ammunition.
• This definition does not include ingredients and
  components of ammunition and as such, only
  assembled ammunition is accounted for under the 1968 Firearms Act.
• Exceptions include missiles for ammunition prohibited under Section 5 of the act such as expanding and armour-piercing bullets.

Question 15

In terms of Section 1, what is it an offence for a person to have?

Answer 15

Subject to any exemption under this Act, it is an offence for a person:
* To have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
* To have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

Question 16

What does Section 1 not apply to?

Answer 16

This section applies to every firearm except:
* A shotgun within the meaning of this Act;
* An air weapon (that is to say, an air rifle, air gun or air pistol (which does not fall within Section 5) and which is not of a type declared by rules made by the Secretary of State under section 53 of this Act to be ‘specially dangerous’).

Question 17

What does Section 1 apply to in terms of ammunition?

Answer 17

This section applies to any (non-prohibited) ammunition for a firearm, except the following articles:
* Cartridges containing five or more shots, none of which exceeds 0.36 inches in diameter (Unclassified, but Section 5 if otherwise);
* Ammunition for an air gun, air rifle or air pistol (Unclassified);
* Blank cartridges not more than one inch in diameter (Unclassified).

Question 18

In terms of firearms, what does Section 1 apply to?

Answer 18

• Section 1 covers mostly bolt-action rifles.
• Also includes any other ‘single shot’ mechanisms;
• As long as the barrel is longer than 30 cm; and
• The overall length of the firearms is longer than 60 cm.
• Muzzle-loaded guns do not have to adhere to the above size rules.
• 0.22” (or 5.5 mm) caliber rim-fire rifles, where semi-automatic and pump action mechanisms are permitted with no magazine limit.
• Smooth-bore revolver guns chambered for 9 mm rim-fire or is designed to be muzzle-loaded.

Question 19

In terms of Section 2, what is a shotgun?

Answer 19

• A smooth-bore gun (not being an air gun) which:
• Has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;
• Either has no magazine or has a nondetachable magazine incapable of holding more than two cartridges;
• Is not a revolver gun.

Question 20

Typically what are Section 2 firearms?

Answer 20

• Be traditional single or double-barrelled, in either side by side or over and under configuration.
• Have a box-lock mechanism.

Question 21

What section do pump action shotguns come under?

Answer 21

Section 5

Question 22

What section do solid slug shotgun rounds come under?

Answer 22

Solid slug shotgun rounds and cartridges containing less than 5 shots (being greater than 0.36 inches in diameter) are classed as Section 1.
* All other ‘standard’ shotgun ammunition is unclassified.
* Specialist application shotgun ammunition would likely come under Section 1.

Question 23

What does Section 5 cover?

Answer 23

This section covers all firearm-related weapons that cannot be owned by the general
public under a Section 1 firearms certificate or a Section 2 shotgun certificate.

Question 24

What does Section 5 include?

Answer 24

Military and police hardware, including:
* Automatic weapons;
* Handguns;
* Anti-tank rockets, grenade launchers, missiles, torpedoes etc.;
* Semi-automatic weapons (except those chambered in 0.22” rim-fire).
* Any firearm disguised to look like another object.
* Prohibited ammunition such as:
* Armour-piercing rounds;
* Incendiary and explosive rounds;
* Expanding ammunition for pistols.
* In effect these are weapons for which there can be NO legitimate “good reason” to possess.

Question 25

A person commits an offence if, without authority, he has in his possession, or purchases or acquires... (Section 5) Part 1 | Missiles, pump-action, barrel, smooth-bore, rocket launcher

Answer 25

* Any firearm which is so designed or adapted that two or more missiles can be successively discharged without repeated pressure on the trigger; * Any self-loading or pump-action rifled gun other than one which is chambered for .22” rim-fire cartridges; * 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, muzzle-loading gun or a firearm designed as signalling apparatus; * Any self-loading or pump-action smooth-bore gun which is not an air weapon or chambered for .22” rim-fire cartridges and either has a barrel less than 24 inches in length or is less than 40 inches in length overall; * Any smooth-bore revolver gun other than one which is chambered for 9mm rim-fire cartridges or a muzzle-loading gun; * Any rocket launcher, or any mortar, for projecting a stabilised missile, other than a launcher or mortar designed for line-throwing or pyrotechnic purposes or as signalling apparatus;

Question 26

A person commits an offence if, without authority, he has in his possession, or purchases or acquires... (Section 5) Part 2 | Gas-cartridge, empty cartridge bump stock, noxious thing, explode, adapted

Answer 26

* Any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system; * Any rifle with a chamber from which empty cartridge cases are extracted using (i) energy from propellant gas, or (ii) energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22” rim-fire cartridges; * Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing; * Any device (commonly known as a bump stock) which is designed or adapted so that (i) it is capable of forming part of or being added to a self-loading lethal barrelled weapon, and (ii) if it forms part of or is added to such a weapon, it increases the rate of fire of the weapon by using the recoil from the weapon to generate repeated pressure on the trigger; * Any cartridge with a bullet designed to explode on or immediately before impact, any ammunition containing or designed or adapted to contain any such noxious thing and, if capable of being used with a firearm of any description, any grenade, bomb (or other like missile), or rocket or shell designed to explode as aforesaid;

Question 27

A person commits an offence if, without authority, he has in his possession, or purchases or acquires... (Section 5) Part 3 | Disguised, ammunition, launcher, missile, ignite, expand

Answer 27

* Any firearm which is disguised as another object; * Any rocket or ammunition not falling within previous paragraphs which consists in or incorporates a missile designed to explode on or immediately before impact and is for military use; * Any launcher or other projecting apparatus not falling within previous paragraphs which is designed to be used with any rocket or ammunition within previous paragraphs above or with ammunition which would fall within those paragraphs; * Any ammunition for military use which consists in or incorporates a missile designed so that a substance contained in the missile will ignite on or immediately before impact; * Any ammunition for military use which consists in or incorporates a missile designed, on account of its having a jacket and hard-core, to penetrate armour plating, armour screening or body armour; * Any ammunition which is designed to be used with a pistol and incorporates a missile designed or adapted to expand on impact.

Question 28

When do exemptions from Section 5 to purchase or acquire expanding ammunition exist? | Deer, vermin, animals

Answer 28

* Your firearm certificate states that you are permitted to do so, subject to a condition restricting the use of any expanding ammunition in connection with any one or more of the following activities: 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. * The ammunition or missile in question is designed to be capable of being used with a slaughtering instrument.

Question 29

What is the purchase of expanding ammunition limited to?

Answer 29

Purchase of expanding ammunition is generally restricted to 200 rounds at a time, with a maximum possession of 250.

Question 30

What are the special exemptions from Sections 1 to 5? | Police, authorised, certificate, sports, 18

Answer 30

* Police permit to use firearms, issued by chief police officer for the area. * Authorised dealing with firearms. * Registered firearms dealers or similar, who may sell, buy, fix, test, maintain and prove firearms for the purpose of business. * Registered ballistics experts/practitioners that need to use firearms as part of any work or consultancy as part of their business. * Carriers, auctioneers, etc. * A person carrying on the business of an auctioneer, carrier or warehouseman, or a servant of such a person, may, without holding a certificate, have in his possession a firearm or ammunition in the ordinary course of that business. * Slaughter of animals. * A firearms certificate if not needed for this purpose if the person holds a certificate of competence or licence to kill animals under the ‘Welfare of Animals at the Time of Killing (England) Regulation * Sports, athletics and other approved activities. * A person of or over the age of eighteen may, without holding a certificate, have a firearm in his possession at an athletic meeting for the purpose of starting races at that meeting. * You can fire at rifles club ranges/clay pigeon ranges without certification if using guns on offer.

Question 31

When are air weapons considered specially dangerous? | Muzzle energy, gas-cartridge, S1

Answer 31

Air weapons deemed ‘specially dangerous’ have a muzzle energy in excess of: * In the case of an air pistol: 6 ft/lb; * In the case of an air weapon other than an air pistol: 12 ft/lb; * Such weapons are classified as Section 1 firearms and are required to be held on a Section 1 firearm certificate with related controls, although the "ammunition" (pellets) are not. * Any air rifle, air gun or air pistol that uses, or is designed or adapted for use with, a self-contained gas cartridge system is banned

Question 32

What are the rules on owning, buying and shooting an air weapon?

Answer 32

* Anyone over the age of 18 can purchase an air weapon that is not ‘specially dangerous’ and use it safely on private property without a need for a firearms certificate. * 14 to 17-year-olds cannot buy or own air weapons but can use them on private land (with permission) without supervision. * Under 14-year-olds cannot buy or own air weapons but can use them on private land (with permission) and under supervision.

Question 33

When is a firearms certificate not required?

Answer 33

* Air and gas-operated rifles with less than 12 ft.lb in muzzle energy (or 6 ft. lb for an air pistol). * Anything other than air and CO2 is not exempt! * Deactivated firearms. * Shotgun cartridges containing 5 or more shot, none of which exceed 0.36 inches in diameter.

Question 34

What is the typical muzzle energy for 0.22" LR rim-fire?

Answer 34

100 – 200 ft.lb, 140 – 280J

Question 35

What is the typical muzzle energy for 0.223" (5.56 x 45mm)

Answer 35

1200 – 1600 ft.lb, 1600 – 2100J

Question 36

What is the typical muzzle value for 0.308" (7.62 x 51mm)

Answer 36

2700 ft.lb, 3700J

Question 37

What is the typical muzzle energy for shotguns?

Answer 37

750 – 3100 ft.lb or up to 4300J

Question 38

What is 1ft/lbs equal to in Joules?

Answer 38

1ft/lbs = 1.36J

Question 39

What does Section 8 of the 1988 Firearms Amendment describe as necessary to confirm the deactivation of firearms?

Answer 39

It is incapable of discharging any shot, bullet or other missile; * And has consequently ceased to be a firearm within the meaning of the 1968 Firearm Act; * It bears a mark and is certified in writing by a person approved by the Secretary of State (Usually a proof house).

Question 40

What act covers describes what a deactivated firearm is?

Answer 40

Section 8 of the 1988 Firearms Amendment Act

Question 41

What does the 2003 Antisocial Behavior Act allow?

Answer 41

- Allows the Home Secretary to prohibit items/ behaviour/events. - S37 specifically prohibits the possession of certain items in a public place: * Loaded firearms of any kind (including magazines). * Air weapon if the person under 18. * Imitation or deactivated firearm without lawful authority or reasonable excuse. * “Brocock” air weapons.

Question 42

What does the 2006 Violent Crime Reduction Bill S30 state?

Answer 42

A person is guilty of an offence if: * he manufactures a realistic imitation firearm; * he modifies a firearm or an imitation firearm so that it becomes a realistic imitation firearm; * he sells a realistic imitation firearm; or * he brings a realistic imitation firearm into the UK or causes one to be brought into the UK.

Question 43

What does the 2006 Violent Crime Reduction Bill S30 state about imitation firearms?

Answer 43

* An imitation firearm is not to be regarded as distinguishable from a firearm for any practical purpose if it could be so distinguished only: (a) by an expert; (b) on a close examination; or (c) as a result of an attempt to load or to fire it.

Question 44

When is a firearms certificate required for imitation firearms?

Answer 44

A firearm certificate is required to possess, purchase or acquire an imitation firearm which: * Has the appearance of being a firearm to which Section 1 of the 1968 Act applies; and * Is so constructed or adapted as to be readily convertible into a firearm to which that section applies.

Question 45

Under Section 1(6) of the 1982 Firearms Act amendments, an imitation firearm is regarded as readily convertible into a firearm to which Section 1 of the 1968 Act applies if...

Answer 45

* It can be converted without any special skill on the part of the person converting it in the construction or adaptation of firearms of any description; and * The work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own homes.

Question 46

What is considered a good reason to own a firearm?

Answer 46

* Member of a gun club. * Sporting pursuits (within reason). * Land management.

Question 47

For the exception to section 5 prohibited weapons, what must an individual have?

Answer 47

Under section 10 of this Act, to have a slaughtering instrument and the ammunition for it in his possession.