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Air Weapons and Licensing (Scotland) Act 2015

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This is the original version (as it was originally enacted).

28Cancellation of air weapon certificate

This section has no associated Explanatory Notes

(1)Subsection (2) applies where an individual (“A”) holding an air weapon certificate—

(a)is convicted of—

(i)an air weapon offence,

(ii)an offence under the 1968 Act, or

(iii)an offence for which A is sentenced to imprisonment or to detention in a young offenders’ institution,

(b)has been ordered to keep the peace or to be of good behaviour and, as a condition of that, is not to possess, carry or use an air weapon or other firearm,

(c)is subject to a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 which contains a requirement not to possess, carry or use an air weapon or other firearm, or

(d)has been ordained to find caution and as a condition of that, is not to possess, carry or use an air weapon or other firearm.

(2)Where this subsection applies, the court by or before which A is convicted, or which imposes the condition or requirement, may cancel the air weapon certificate held by A.

(3)Where the court cancels an air weapon certificate under this section—

(a)the court must notify the chief constable of the cancellation, and

(b)the chief constable must, by notice given to A, require A to surrender A’s air weapon certificate within the period of 21 days beginning with the date the notice is given.

(4)It is an offence for an individual, without reasonable excuse, to fail to comply with the requirements of a notice under subsection (3)(b).

(5)An individual who commits an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

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