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Firearms Act 1968

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Section 51.

SCHEDULE 6E+W+S Prosecution and Punishment of Offences

Part IE+W+S Table of Punishments

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Modifications etc. (not altering text)

C1Sch. 6 Pt. I modified (1.11.1968) by S.I. 1968/1200, art. 3

Section of this Act creating offenceGeneral nature of offenceMode of prosecutionPunishmentAdditional provisions
Section 1(1) ...Possessing etc. firearm or ammunition without firearm certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment(i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, [F27 years], or a fine; or both,
(ii) in any other case, [F35 years]or a fine; or both.Paragraph 1 of Part II of this Schedule applies.
Section 1(2) ...Non-compliance with condition of firearm certificate.Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.Paragraph 1 of Part II of this Schedule applies.
Section 2(1) ...Possessing, etc., shot gun without shot gun certificate.[F5(a) Summary.][F56 months or the statutory maximum or both.]Paragraph 1 of Part II of this Schedule applies.
[F5(b) On indictment.][F5[F65 years] or a fine; or both.]
Section 2(2) ...Non-compliance with condition of shot gun certificate.Summary...6 months or a fine of [F4level 5 on the standard scale]; or both.Paragraph 1 of Part II of this Schedule applies.
Section 3(1) ...Trading in firearms without being registered as firearms dealer.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F75 years] or a fine; or both.
Section 3(2) ...Selling firearm to person without a certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F85 years] or a fine; or both.
Section 3(3) ...Repairing, testing etc. firearm for person without a certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F95 years] or a fine; or both.
Section 3(5) ...Falsifying certificate, etc., with view to acquisition of firearm.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F105 years] or [F11a fine]; or both.
Section 3(6) ...Pawnbroker taking firearm in pawn.Summary ... ...3 months or a fine of [F4level 3 on the standard scale]; or both.
Section 4(1)(3)Shortening a shot gun; conversion of firearms.(a) Summary...6 months or a fine of [F1£400]; or both.
(b) On indictment[F127 years] or a fine; or both.
[F13Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)Possessing or distributing prohibited weapons or ammunition.On indictment10 years or a fine, or both.
Section 5(1)(b)Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine or both.

Section 5(1A)(a)Possessing or distributing firearm disguised as other object.On indictment10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)Possessing or distributing other prohibited weapons.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine, or both.]

Section 5(5) ...Non-compliance with condition ofDefence Council authority.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 5(6) ...Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition.Summary ... ...A fine of [F4level 3 on the standard scale].
Section 6(3) ...Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms.Summary ... ...3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F4level 3 on the standard scale]; or both.Paragraph 2 of Part II of this Schedule applies.
Section 7(2) ...Making false statement in order to obtain police permit.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 9(3) ...Making false statement in order to obtain permit for auction of firearms, etc.[F14Summary][F146 months or a fine not exceeding level 5 on the standard scale; o r both.]
Section 13(2) ...Making false statement in order to obtain permit for removal of signalling apparatus.Summary. ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 16 ...Possession of firearm with intent to endanger life or injure property.On indictment ...[F15life imprisonment] or a fine; or . . . F16b oth.
[F17Section 16A][F17Possession of firearm with intent to cause fear of violence.][F17On indictment][F1710 years or a fine; or both.]
F17Section 17(1) ...Use of firearms to resist arrest.On indictment ...[F15life imprisonment] or a fine; or, . . . F16 both.Paragraphs 3 to 5 of Part II of this Schedule apply.
Section 17(2) ...Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2.On indictment ...[F18Life imprisonment] or a fine; or . . . F16 both.Paragraphs 3 and 6 of Part II of this Schedule apply.
Section 18(1) ...Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest.On indictment ...[F18Life imprisonment] or a fine; or, . . . F16 b oth.
Section 19 ...Carrying [F19firearm or imitation firearm] in public place.(a) Summary... [F20except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (af) or section 5(1A)(a) of this Act.]6 months or a fine of [F1£400]; or both.
(b) On indictment (but not F21. . . if the firearm is an air weapon).[F227 years.]or a fine; or both.
Section 20(1) ...Trespassing with firearm [F23or imitation firearm] in a building.(a) Summary ... [F20except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (af) or section 5(1A)(a) of this Act.]6 months or a fine of [F1£400]; or both.
(b) On indictment (but not [F23in the case of an imitation firearm or] if the firearm is an air weapon).[F247 years]or a fine; or both.
Section 20(2) ...Trespassing with firearm [F25or imitation firearm] on land.Summary ... ...3 months or a fine of [F4level 4 on the standard scale]; or both.
Section 21(4) ...Contravention of provisions denying firearms to ex-prisoners and the like.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F265 years] or a fine; or both.
Section 21(5) ...Supplying firearms to person denied them under section 21.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment[F275 years] or a fine; or both.
[F28Section 21APerson making improper use of air weaponSummaryA fine of level 3 on the standard scaleParagraphs 7 and 8 of Pt II of this Schedule apply.]
Section 22(1) ...Person under 17 acquiring firearm [F29or person under 18 acquiring air weapon].Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
F30Section 22(1A).. Person under 18 using certificated firearm for unauthorised purpose.Summary... 3 months or a fine of level 5 on the standard scale; or both.
Section 22(2) ...Person under 14 having firearm in his possession without lawful authority.Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 22(3) ...Person under 15 having with him a shot gun without adult supervision.Summary ... ...A fine of [F4level 3 on the standard scale]Paragraph 8 of Part II of this Schedule applies.
Section 22(4) ...Person under [F3118] having with him an air weapon or ammunition therefor.Summary ... ...A fine of [F4level 3 on the standard s cale]Paragraphs 7 and 8 of Part II of this Schedule apply.
F32. . . F32. . . F32. . . F32. . . F32. . .
Section 23(1) ...[F33Person supervising a person under 18 and allowing him to make improper use of air weapon]Summary ... ...A fine of [F4level 3 on the standard s cale]Paragraphs 7 and 8 of Part II of this Schedule apply.
F34. . . F34. . . F34. . . F34. . . F34. . .
Section 24(1) ...Selling or letting on hire a firearm to person under 17 [F35or an air weapon to a person under 18].Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 24(2) ...Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14.Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 24(3) ...Making gift of shot gun to person under 15.Summary ... ...A fine of [F4level 3 on the standard scale]Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...Supplying air weapon to person under [F3618] .Summary ... ...A fine of [F4level 3 on the standard scale]Paragraphs 7 and 8 of Part II of this Schedule apply.
[F37Section 24A(1) or (2)Acquisition by a minor of an imitation firearm and supplying him.SummaryIn England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.]
Section 25 ...Supplying firearm to person drunk or insane.Summary ... ...3 months or a fine of [F4level 3 on the standard scale]; or both.
[F38Section 28A(7)] ...Making false statement in order to procure grant or renewal of a firearm or shot gun certificate.Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 29(3) ...Making false statement in order to procure variation of a firearm certificate.Summary ... ...6 months or a fine of [F4level 5 on the standard scale]; or both.
[F39Section 30D(3)]...Failing to surrender certificate on revocation.Summary ... ...A fine of [F4level 3 on the standard s cale].
[F40Section 32B(5)..Failure to surrender expired European firearms passSummary... A fine of level 3 on the standard scale.
F41Section 32C(6)..Failure to produce European firearms pass or Article 7 authority for variation or cancellation etc.; failure to notify loss or theft of firearm identified in pass or to produce pass for endorsement. Summary 3 months or a fine of level 5 on the standard scale; or both]
Section 38(8) ...Failure to surrender certificate of registration [F42or register of transactions] on removal of firearms dealer’s name from from register.Summary ... ...A fine of [F4level 3 on the standard s cale].
Section 39(1) ...Making false statement in order to secure registration or entry in register of a place of business.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 39(2) ...Registered firearms dealer having place of business not entered in the register.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 39(3) ...Non-compliance with condition of registration.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
Section 40(5) ...Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register.Summary ...6 months or a fine of [F4level 5 on the standard scale]; or both.
F43. . .F43. . .F43. . .F43. . .
F43. . .F43. . .
[F44Section 42A... Failure to report transaction authorised by visitor’s shot gun permit.Summary... 3 months or a fine of level 5 on the standard scale; or both.]
[F45Section 46.][F45Obstructing constable or civilian officer in exercise of search powers.][F45Summary.][F456 months or a fine of level 5 on the standard scale; or both.]
F45Section 47(2) ...Failure to hand over firearm or ammunition on demand by constable.Summary ...3 months or a fine of [F4level 4 on the standard scale]; or both.
Section 48(3) ...Failure to comply with requirement of a constable that a person shall declare his name and address.Summary ... ...A fine of [F4level 3 on the standard scale].
[F46Section 48(4)..Failure to produce firearms pass issued in another member State.Summary... A fine of level 3 on the standard scale.]
Section 49(3) ...Failure to give constable facilities for examination of firearms in transit, or to produce papers.Summary ... ...3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F4level 3 on the standard scale]; or both.Paragraph 2 of Part II of this Schedule applies.
Section 52(2)(c)Failure to surrender firearm or shot gun certificate cancelled by court on conviction.A fine of [F4level 3 on the standard scale].
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Amendments (Textual)

F2Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F3Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F6Sch. 6 Pt. I: words in column 4 of entry relating to s. 2(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F7Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F8Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(2) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F9Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F10Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F12Sch. 6 Pt. I: words in column 4 of entry relating to s. 4(1)(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F13Sch. 6 Pt. 1: entries relating to s. 5(1)(1A) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 288, 336; S.I. 2004/81, art. 3(2)(b)

F17Sch. 6 Pt. I: entry relating to s. 16A inserted (21.9.1994) by 1994 c. 31, ss. 1(2), 4(2) (with s. 4(3))

F19Sch. 6 Pt. I: words in column 2 of entry relating to s. 19 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 37(2)(a), 93; S.I. 2003/3300, art. 2(c)(i)

F22Sch. 6 Pt. I: words in column 3 of entry relating to s. 19 substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), ss. 157(3)(9), 172(2), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F23Sch. 6 Pt. I: words in entry relating to s. 20(1) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(a), 4(2) (with s. 4(3))

F24Sch. 6 Pt. I: words in column 4 of entry relating to s. 20(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F25Sch. 6 Pt. I: words in entry relating to s. 20(2) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(b), 4(2) (with s. 4(3))

F26Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(4) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F27Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F30Sch. 6 Pt. I: the entry relating to s. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(4).

F32Sch. 6 Pt. I: entry relating to s. 22(5) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(b), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(c)(ii)(g)(ii)(a)

F38Sch. 6 Pt. I: words "Section 28A(7)" substituted for the words "Section 26(5)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 4(2); S.I. 1997/1535, art. 3(b), Sch. Pt. I

F39Sch. 6 Pt. I: words "Section 30D(3)" substituted for words "Section 30(4)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 14; S.I. 1997/1535, art. 3(b), Sch. Pt. I

F40Sch. 6 Pt. I: the entry relating to s. 32B(5) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).

F41Sch. 6 Pt. I: the entry relating to s. 32C(6) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).

F43Sch. 6 Pt. I: entry relating to s. 42 repealed (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II

F44Sch. 6 Pt. I: the entry relating to s. 42A inserted (1.1.1993) by S.I. 1992/2823, reg. 6(3).

F45Sch. 6 Pt. I: entry relating to s. 46 inserted (1.7.1997) by 1997 c. 5, s. 43(3); S.I. 1997/1535, art. 3(b), Sch. Pt. I

F46Sch. 6 Pt. I: the entry relating to s. 48(4) inserted (1.1.1993) by S.I. 1992/2823, reg. 7(5).

Part IIE+W+SSupplementary Provisions as to Trial and Punishment of offences

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47E+W+S

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Amendments (Textual)

2In the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.E+W+S

[F483(1)Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in [F49Schedule 1 to the Magistrates’ Courts Act 1980] (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.E+W+S

(2)Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and [F50sections 18 to 23 of the said Act of 1980] (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.

(3)If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—

(a)if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with [F51the said sections 18 to 23]; but

(b)if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with [F51section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]

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Amendments (Textual)

Modifications etc. (not altering text)

4Where a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.E+W+S

5If on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.E+W+S

6The punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).E+W+S

7The court by which a person is convicted of an offence under section [F5221A,][F5322(4), 23(1) F54. . . ] or 24(4) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was committed.E+W+S

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Amendments (Textual)

8The court by which a person is convicted of an offence under section [F5521A,][F5622(3) or (4), 23(1) F57. . . ] or 24(4) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.E+W+S+N.I.

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Amendments (Textual)

8The court by which a person is convicted of an offence under section [F5622(3) or (4), 23(1) or (4)] or 24(4) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.E+W+S

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Amendments (Textual)

9The court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.E+W+S

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