Firearms (Amendment) Act 1936

SCHEDULES.

Sections 3, 5 and 8.

FIRST SCHEDULE Provisions as to certain Appeals and Applications

1 Notice of an appeal or application, signed by the appellant or applicant or by his agent on his behalf and stating the general grounds of the appeal or application, shall be given by him to the clerk of the peace and also—

(a) in the case of an appeal, to the chief officer of police by whose decision the appellant is aggrieved, and

(b) in the case of an application, to the chief officer of police for the area in which the applicant resides.

2 A notice of an appeal shall be given within twenty-one days after the date on which the appellant has received notice of the decision of the chief officer of police by which he is aggrieved.

3 On receiving notice of an appeal or application, the clerk of the peace shall enter the appeal or application and give notice to the appellant or applicant, and to the chief officer of police to whom the notice of the appeal or application is required by paragraph 1 of this Schedule to be given, of the date, time, and place fixed for the hearing :

Provided that, in the case of an application, the date fixed for the hearing shall not be less than twenty-one clear days after the date when the clerk of the peace received the notice of the application.

4 The appellant or applicant may at any time, not less than two clear days before the date fixed for the hearing, abandon his appeal or application by giving notice in writing to the clerk of the peace and to the chief officer of police, and in the event of any such abandonment the court of quarter sessions may order the appellant or applicant to pay to the chief officer of police such costs as appear to them to be just and reasonable in respect of expenses properly incurred by him in connection with the appeal or application before notice of the abandonment was given to him.

5 The chief officer of police may appear and be heard on the hearing of the appeal or application.

6 The court of quarter sessions may from time to time adjourn the hearing of the appeal or application.

7 On the hearing of an appeal the court may either dismiss the appeal or give the chief officer of police such directions as the court think fit as respects the certificate or register which is the subject of the appeal.

8 On the determination of the appeal or application the court may make such order as to payment of costs as the court think fit, and may fix a sum to be paid by way of costs in lieu of directing a taxation thereof, and any costs ordered to be paid by the court may be recovered summarily as a civil debt and shall not be recoverable in any other manner :

Provided that the court shall not order the chief officer of police to pay the costs of an applicant.

9 The powers and duties of the court of quarter sessions with respect to an appeal or application shall—

(a) in the case of quarter sessions for a county other than the County of London, be delegated to and exercised and performed by the appeal committee appointed under section seven of the [23 & 24 Geo. 5 c. 38.] Summary Jurisdiction (Appeals) Act, 1933; and

(b) in the case of quarter sessions for the County of London, be exercised and performed by a court of quarter sessions constituted in accordance with section eight of the said Act;

and the said sections seven and eight, and the provisions of the [45 & 46 Vict. c. 50.] Municipal Corporations Act, 1882, as amended by the said section seven, shall apply to the appeal or application accordingly as they apply to an appeal from a decision of a court of summary jurisdiction.

Section 12.

SECOND SCHEDULE Minor Amendments of principal Act

Provision amended.	Amendment.
Section one	In subsection (1) for the words " have in his possession, use or carry " there shall be substituted the words " or have in his possession ".
	In subsection (2) for the words " requiring such a certificate " there shall be substituted the words " purchasing or having " in his possession the firearm or ammunition in respect of which the application " is made " and for the words " have in his possession use and carry a firearm " there shall be substituted the words " have in his possession that firearm ".
	In proviso (a) to subsection (2) the words " using or carrying " shall be omitted.
	In proviso (b) to subsection (2) after the words " rifle club " there shall be inserted the words " miniature rifle club " , and after the words " granted to " there shall be inserted the words " or varied for ".
	In subsection (6) the words " using or carrying " shall be omitted.
	In subsection (8) for the words " has in his possession, uses or carries " there shall be substituted the words " or has in his possession " and for the word " granted " there shall be substituted the words" held by him ".
	In paragraph (b) of the proviso to subsection (8) for the words from " gunsmith " to " carrying " where it secondly occurs there shall be substituted the words " a firearms dealer and registered " under this Act as such, or any servant " of such a person, by purchasing or " having in his possession ".
	In paragraph (c) of the proviso to subsection (8) for the word " common" there shall be substituted the words " an auctioneer, " after the word "warehouseman " there shall be inserted the words " or the servant of such a person, " and the words " or carrying " shall be omitted.
	In paragraph (e) of the proviso to subsection (8) the words " using or carrying " shall be omitted.
	In paragraph (i) of the proviso to subsection (8) for the words " having in his possession, using or carrying " there shall be substituted the words " or having in his possession ".
Section two	The proviso to subsection (2) shall be omitted.
	In subsection (3) after the words " to any person " there shall be inserted the words " in the United Kingdom " ; and for the proviso the following proviso shall be substituted;— “Provided that this subsection shall not prevent— (a) a person transferring or parting with the possession of a firearm or ammunition, otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, to a person who shows that he is by virtue of this Act entitled to have possession of the firearm or ammunition without holding a certificate; or (b) the delivery of a firearm or ammunition by a carrier or warehouseman, or the servant of a carrier or warehouseman, in the ordinary course of his business or employment as such.”
	In subsection (4) for the words " a permit to bring the firearm ashore for repair " there shall be substituted the words " shows that he is by virtue of this Act " entitled to have possession of the fire" arm or ammunition without holding " such a certificate."
	Subsection (5) shall not apply to the transfer or parting with possession of a firearm or ammunition otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, and in that subsection after the words " dealer shall " there shall be inserted the words " unless that person " shows that he is by virtue of this Act " entitled to purchase the firearm or " ammunition without holding a fire" arm certificate."
	In subsection (7) after the word " purchasing " there shall be inserted the words " or procuring the repair, test or proof of " , and after the words "false firearm certificate " there shall be inserted the words " or a firearm certificate in " which any false entry has been made, " or makes any false statement ".
Section three	For subsection (1b) the following subsection shall be substituted :— “(1B) A person under the age of fourteen years shall not accept as a gift or borrow a firearm or ammunition, or have in his possession a firearm or ammunition except in circumstances where he is entitled to have possession thereof without holding a firearm certificate by virtue of paragraph (c), (g) or (i) of subsection (8) of section one of this Act, and a person shall not give or lend a firearm or ammunition to another person whom he knows or has reasonable grounds for believing to be under the age of fourteen years, or transfer or part with the possession of a firearm or ammunition to such another person except in circumstances where that other person is entitled as aforesaid.”
	In subsection (2) the words from " but no offence " to the end of the subsection shall be omitted.
Section five	In subsection (1) the words " use or carry ", where they secondly occur, and the words " using or carrying ", shall be omitted.
Section six	In subsection (1) the word " carry " shall be omitted and after the word " designed " where it first occurs there shall be inserted the words " or adapted ".
Section seven	The words " or under his control" shall be omitted, and for the words from " be deemed " to the end of the section there shall be substituted the words " be guilty of felony and, on conviction thereof on indictment, shall be liable " to penal servitude for a term not " exceeding fourteen years."
Section eight	In subsection (1) after the word " having " there shall be inserted the words " or proposing to have ".
	For the proviso to subsection (5) the following proviso shall be substituted :— “Provided that a person aggrieved by an order made under this subsection may appeal against the order in the same manner as against the conviction, and the court may, if it thinks fit, pending the appeal, suspend the operation of the order.”
Section nine	In subsection (4) after the words " contravention of" there shall be inserted the words " any of the provisions of an " order made by a Secretary of State " under this section or a failure to " comply with "; and at the end of the section there shall be inserted the following subsection :— “(5) An order made by a Secretary of State under this section may be varied or revoked by a subsequent order made by a Secretary of State.”
Section ten	In subsection (1) the words "or to be using or carrying" and the words from " except " to " offence " shall be omitted.
	In subsection (2) for the words from "a person " to " having a certificate " there shall be substituted the words " entitled by virtue of this Act to have " possession of the firearm or ammunition " without having a firearm certificate."
Section eleven	In subsection (1) the words " or used or carried by him " shall be omitted.
Section twelve	In subsection (2) after the word " accepting" there shall be inserted the words " as a gift ".
Section thirteen	In subsection (1) for the word " bought " there shall be substituted the word " purchased. "

Section 16.

THIRD SCHEDULE Provisions of principal Act repealed

• In subsection (2) of section one the words "using or carrying ".

• In subsection (6) of section one, the words " using or carrying ".

• Subsection (7) of section one.

• Proviso (a) to subsection (8) of section one; in proviso (c) to that subsection the words " or carrying "; proviso (d) to that subsection; in proviso (e) to that subsection the words "using or carrying "; and provisos (f), (h) and (j) to that subsection.

• The proviso to subsection (2) of section two.

• In subsection (2) of section three the words from " but no offence " to the end of the

• In subsection (1) of section five the words " use or carry ", where they secondly occur, and the words "using or carrying "

• In subsection (1) of section six the word " carry "

• In section seven the words " or under his control ".

• In subsection (1) of section ten the words " or to be using or carrying " and the words from " except " to " offence ".

• In subsection (1) of section eleven, the words " or used or carried by him ".

• In subsection (1) of section twelve the words from " The expression ' firearm ' " to " for export ", and the words from " The expression ' police district' " to " City Police ".

• In paragraph (3) of section seventeen the words " References to an appeal to quarter sessions shall not apply and ".

• Paragraph (5) of section seventeen.

• The First Schedule.