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Firearms (Amendment) Act 1936

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7Amendments as to prohibited weapons and ammunition

(1)It shall not be lawful for any person without the authority of the Admiralty or the Army Council or the Air Council to manufacture, sell, purchase, or have in his possession any firearm which is so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty; and in this Act and the principal Act the expression " prohibited weapon " shall include any such firearm as aforesaid.

(2)If any person contravenes the provisions of subsection (1) of this section, he shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years or, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding twenty pounds or to both such imprisonment and fine.

(3)Where the Admiralty, the Army Council, or the Air Council are satisfied, on the application of a person in charge of a theatrical performance, that such a firearm as aforesaid is required for the purposes of the performance, they may, if they think fit, not only authorise that person to have possession of the firearm but also authorise such other persons as he may select to have possession thereof while taking part in the performance. In this subsection the expression " theatrical performance " includes a rehearsal of such a performance and the production of a cinematograph film.

(4)Any authority given to any person under section six of the principal Act or this section shall be given in writing and. shall be subject to such conditions as may be specified therein, and, if that person fails to comply with any such condition, he shall for each offence be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding twenty pounds or to both such imprisonment and fine.

(5)The conditions specified in an authority as aforesaid shall include such conditions as the Admiralty, the Army Council, or the Air Council, having regard to the circumstances of each particular case, think fit to impose for the purpose of securing that the prohibited weapon or prohibited ammunition to which the authority relates will not endanger the public safety or the peace.

(6)The Admiralty, the Army Council or the Air Council may at any time, if they think fit, revoke any authority given by them to any person as aforesaid, by notice in writing requiring that person to deliver up the authority to such person as may be specified in the notice within twenty-one days from the date of the notice, and if that person fails to comply with that requirement, he shall be liable on summary conviction to a fine not exceeding twenty pounds.

(7)The provisions of section six of the principal Act and the foregoing provisions of this section shall be in addition to and not in derogation of any other provisions of the said Act or any other Act relating to the manufacture, sale, purchase or possession of firearms, but a chief officer of police—

(a)shall not refuse to grant or renew, and shall not revoke, a firearm certificate in respect of a prohibited weapon or prohibited ammunition if the applicant is for the time being authorised by the Admiralty, the Army Council or the Air Council to have possession of that weapon or ammunition; or

(b)shall not refuse to enter in the register of firearms dealers the name of a person for the time being authorised as aforesaid to manufacture or sell a prohibited weapon or prohibited ammunition, or remove the name of such a person from the register, on the ground that he cannot be permitted to carry on, or to continue to carry on, business as a firearms dealer without danger to the public safety or to the peace;

and where any authority to purchase or have possession of a prohibited weapon or prohibited ammunition is revoked under this section, the firearm certificate relating to that weapon or ammunition shall be revoked or varied accordingly by the chief officer of police by whom it was granted.

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