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Firearms (Amendment) Act 1936

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SECOND SCHEDULEMinor 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 possessionand 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 registeredunder 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 Actentitled 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 personshows 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 inwhich 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 fiveIn 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 liableto 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 anorder 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 havepossession of the firearm or ammunition " without having a firearm certificate."

Section elevenIn 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.

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