Firearms Act 1968

SCHEDULES

Section 17.

SCHEDULE 1 E+W+S Offences to which section 17(2) applies

[F1 1 E+W+S Offences under section 1 of the M1 Criminal Damage Act 1971.]

Textual Amendments

F1 Para. 1 substituted by Criminal Damage Act 1971 (c. 48), s. 11(7)

Marginal Citations

M1 1971 c. 48.

2 E+W+S Offences under any of the following provisions of the Offences Against the M2 Person Act 1861:—

• sections 20 to 22 (inflicting bodily injury; garrotting; criminal use of stupefying drugs);

• section 30 (laying explosive to building etc. );

• section 32 (endangering railway passengers by tampering with track);

• section 38 (assault with intent to commit felony or resist arrest);

• section 47 (criminal assaults);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Words repealed by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(5)(c)

Marginal Citations

M2 1861 c. 100.

[F3 2A E+W+S Offences under Part I of the Child Abduction Act 1984 (abduction of children).]

Textual Amendments

F3 Sch. 1 para. 2A inserted by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(2)

[F4 3 E+W+S Offences under such of the provisions of section 4 of the Vagrancy Act 1824 as are referred to in and amended by section 15 of the Prevention of Crimes Act 1871 and section 7 of the Penal Servitude Act 1891 (suspected persons and reputed thieves being abroad with criminal intent).]

Textual Amendments

F4 Sch. 1 para. 3 repealed (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 10, Sch. Pt. II

F5 4 E+W+S Theft, [F6 robbery] burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the M3 Theft Act 1968.

Textual Amendments

F5 Para. 4 substituted by Theft Act 1968 (c.60) Sch. 2 Pt. III

F6 Word in Sch. 1 para. 4 inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Marginal Citations

M3 1968 c. 60.

5 E+W+S Offences under [F7 section 89(1) of the Police Act 1996] or [F8 section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police)] .

Textual Amendments

F7 Words in Sch. 1 para. 5 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 16

F8 Words in Sch. 1 para. 5 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 5(5)

[F9 5A E+W+S An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).]

Textual Amendments

F9 Sch. 1 paras. 5A, 5B inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

[F10 5B E+W+S An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).]

Textual Amendments

F10 Sch. 1 paras. 5A, 5B inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Prospective

[F11 5C E+W+S An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

Textual Amendments

F11 Sch. 1 para. 5C inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 34, 35

[F12 6 E+W+S Offences under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d) section 5 (rape of a child under 13);

(e) section 6 (assault of a child under 13 by penetration);

(f) section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(g) section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(h) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.]

Textual Amendments

F12 Sch. 1 para. 6 substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 139, Sch. 6 para. 16; S.I. 2004/874, art. 2

[F13 6A E+W+S An offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer).]

Textual Amendments

F13 Sch. 1 para. 6A inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 30(2); S.I. 2015/778, art. 2(1)(d)

7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Para. 7 repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. III

8 E+W+S Aiding or abetting the commission of any offence specified in [F15 paragraphs 1 to [F16 6A]] of this Schedule.

Textual Amendments

F15 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. III

F16 Word in Sch. 1 para. 8 substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 30(3); S.I. 2015/778, art. 2(1)(d)

9 E+W+S Attempting to commit any offence so specified, . . . F17

Textual Amendments

F17 Words repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

Sections 17, 18.

SCHEDULE 2 E+W+S Offences to which sections 17(2) and 18 apply in Scotland

Common Law Offences E+W+S

1 E+W+S Abduction.

2 E+W+S Administration of drugs with intent to enable or assist the commission of a crime.

3 E+W+S Assault.

4 E+W+S Housebreaking with intent to steal.

5 E+W+S Malicious mischief.

6 E+W+S Mobbing and rioting.

7 E+W+S Perverting the course of justice.

8 E+W+S Prison breaking and breaking into prison to rescue prisoners.

9 E+W+S Rape.

10 E+W+S Robbery.

11 E+W+S Theft.

12 E+W+S Use of threats with intent to extort money or property.

13 E+W+S Wilful fireraising and culpable and reckless fireraising.

Statutory Offences E+W+S

[F18 13A E+W+S Offences against section 57 of the Civil Government (Scotland) Act 1982]

Textual Amendments

F18 Sch. 2 para. 13A substituted (S.) for paras. 14 and 15 by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(2), Sch. 3 para. 2

Prospective

[F19 13B E+W+S An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

Textual Amendments

F19 Sch. 2 para. 13B inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 34, 36

[F20 14 E+W+S Offences against such of the provisions of section 4 of the M4 Vagrancy Act 1824 as are extended to Scotland by section 15 of the M5 Prevention of Crimes Act 1871.]

Textual Amendments

F20 Sch. 2 para. 13A substituted (S.) for paras. 14 and 15 by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(2), Sch. 3 para. 2

Marginal Citations

M4 1824 c. 83.

M5 1871 c. 112.

15 E+W+S Offences against the third and fourth paragraphs of section 7 of the M6 Prevention of Crimes Act 1871.

Marginal Citations

M6 1871 c. 112.

16 E+W+S Offences against sections 2, 3 or 4 of the M7 Explosive Substances Act 1883.

Marginal Citations

M7 1883 c. 3.

[F21 17 E+W+S Offences against section 175 of the M8 Road Traffic Act 1972.]

Textual Amendments

F21 Para. 17 substituted by Road Traffic Act 1972 (c. 20), Sch. 7

Marginal Citations

M8 1972 c. 20.

18 E+W+S Offences against [F22 section 90 of the Police and Fire Reform (Scotland) Act 2012.]

Textual Amendments

F22 Words in Sch. 2 para. 18 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 5(6)

Attempts E+W+S

19 E+W+S Attempt to commit any of the offences mentioned in this Schedule.

Section 21.

SCHEDULE 3 E+W+S Jurisdiction and Procedure on application under section 21(6)

Part I E+W+S Application to [F23 the Crown Court] (England and Wales)

Textual Amendments

F23 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 3 Pt. I para. 1 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

2 E+W+S Notice of the application, signed by the applicant or by his agent on his behalf and stating the general grounds of the application, shall be given by him to the [F25 appropriate officer of the Crown Court] and also to the chief officer of police for the area in which the applicant resides.

Textual Amendments

F25 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

3 E+W+S On receiving notice of the application the [F26 appropriate officer of the Crown Court] shall enter the application and give notice to the applicant, and to the chief officer of police to whom the notice of the application is required by paragraph 2 of this Schedule to be given, of the date, time and place fixed for the hearing; but the date shall not be less than twenty-one clear days after the date when the [F26 appropriate officer of the Crown Court] received the notice of the application.

Textual Amendments

F26 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

4 E+W+S The applicant may at any time, not less than two clear days before the date fixed for the hearing, abandon his application by giving notice in writing to the [F27 appropriate officer of the Crown Court] and to the chief officer of police; and if he does so the [F28 Crown Court] (hereafter in this Schedule referred to as “the court”) may order the applicant to pay to the chief officer of police such costs as appear to it to be just and reasonable in respect of expenses properly incurred by him in connection with the application before notice of abandonment was given to him.

Textual Amendments

F27 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F28 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II

5 E+W+S The chief officer of police may appear and be heard on the hearing of the application.

6 E+W+S The court may from time to time adjourn the hearing of the application.

7 E+W+S On the determination of the application, the court may make such order as to payment of costs as it thinks 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 chief officer of police shall not under this paragraph be ordered to pay the costs of the applicant.

Part II E+W+S Application to Sheriff (Scotland)

8 E+W+S The application shall be made to the sheriff within whose jurisdiction the applicant resides.

9 E+W+S Not less than twenty-one days’ notice of the application shall be given to the chief officer of police for the area in which the applicant resides.

Section 40.

SCHEDULE 4 E+W+S Particulars to be Entered by Firearms Dealer in Register of Transactions

[F29 PART 1 U.K. PARTICULARS RELATING TO FIREARMS (OTHER THAN AIR WEAPONS) AND AMMUNITION]

Textual Amendments

F29 Sch. 4: Pt. 1 heading inserted (1.10.2007) by The Firearms (Amendment) Rules 2007 (S.I. 2007/2605), rule 2(2)

[F29 Note: in this Part references to firearms do not include any firearm to which Part 2 [F30 or 3] of this Schedule applies] S

Textual Amendments

F30 Words in Sch. 4 Pt. 1 inserted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(9)(a); S.S.I. 2016/130, art. 3(c)

X1 1 S The quantities and description of firearms and ammunition manufactured and the dates thereof.

Editorial Information

X1 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X2 2 S The quantities and description of firearms and ammunition purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.

Editorial Information

X2 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X3 3 S The quantities and description of firearms and ammunition accepted for sale, repair, test, proof, cleaning, storage, destruction or other purpose, with the names and addresses of the transferors and the dates of the several transactions.

Editorial Information

X3 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X4 [F31 4 S The quantities and description of firearms and ammunition sold or transferred with the names and addresses of the purchasers or transferees and (except in cases where the purchaser or transferee is a registered dealer) the areas in which the firearm certificates were issued, and the dates of the several transactions.]

Editorial Information

X4 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F31 Sch. 4 para. 4 substituted by S.I. 1998/1941, rule 10(5)

X5 5 S The quantities and description of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register.

Editorial Information

X5 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

[F32 PART 2 E+W+S [F33 PARTICULARS RELATING TO AIR WEAPONS: ENGLAND AND WALES]

Textual Amendments

F32 Sch. 4 Pt. 2 inserted (1.10.2007) by The Firearms (Amendment) Rules 2007 (S.I. 2007/2605), rule 2(3)

F33 Sch. 4 Pt. 2 heading substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(9)(c); S.S.I. 2016/130, art. 3(c)

[F34 Notes:This Part does not apply in relation to Scotland.In this Part “air weapon” includes any component of, or accessory to, an air weapon.] E+W+S

Textual Amendments

F34 Sch. 4 Pt. 2 Note substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(9)(b); S.S.I. 2016/130, art. 3(c)

1 E+W+S The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.

2 E+W+S The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.

3 E+W+S The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register]

[F35 PART 3 S PARTICULARS RELATING TO AIR WEAPONS: SCOTLAND

Textual Amendments

F35 Sch. 4 Pt. 3 inserted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(9)(d); S.S.I. 2016/130, art. 3(c)

Notes:This Part applies in relation to Scotland.In this Part “air weapon” includes any component of, or accessory to, an air weapon.

1 S The quantities and description of air weapons manufactured and the dates of manufacture.

2 S The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the date of each transaction.

3 S The quantities and description of air weapons accepted for sale, repair, testing, cleaning, storage, destruction, or any other purposes, with the names and addresses of the transferors and the date of each transaction.

4 S The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the date of each transaction.

5 S The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register.]

Section 44.

SCHEDULE 5 E+W+S Provisions as to Appeals under s. 44 of this Act

Part I E+W+S Courts with Jurisdiction to entertain Appeal

Nature of appeal	. . . F36	Sheriff’s jurisdiction
1. Appeal under section [F37 28A(6), 29(2), 30A(6), 30B(3) or 30C(2)] (against refusal to grant or renew, or to vary, or against revocation of, a certificate).		The sheriff within whose jurisdiction the appellant resides.
2. Appeal under section 34(5) by a person aggrieved by the refusal of a chief officer of police to register him as a firearms dealer.		The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has applied to be registered.
3. Appeal under section 34(5) or 37(3) by a person aggrieved by the refusal of a chief officer of police to enter a place of business of his in the register.		The sheriff within whose jurisdiction there is situated the place of business to which the appeal relates.
4. Appeal under section 36(3) (against imposition or variation of condition, of registration, or refusal to vary or revoke such a condition).		The sheriff within whose jurisdiction is situated the appellant’s place of business in respect of which the condition is in force.
5. Appeal under section 38(7) by a person aggrieved by the removal of his name from the register.		The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has been registered.
6. Appeal under section 38(7) by a person aggrieved by the removal from the register of a place of business of his.		The sheriff within whose jurisdiction is situated the place of business to which the appeal rela tes.

Textual Amendments

F36 Column repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F37 Words in Sch. 5 Pt. I para. 1 substituted (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 12; S.I. 1997/1535, art. 3(b), Sch. Pt. I

Modifications etc. (not altering text)

C1 Sch. 5 Pt. I para. 1 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s.12(5)

Part II E+W+S Procedural provisions for appeal to [F38 the Crown Court]

Textual Amendments

F38 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

1 E+W+S Notice of an appeal, signed by the appellant or by his agent on his behalf and stating the general grounds of the appeal, shall be given by him to the [F39 appropriate officer of the Crown Court] and also to the chief officer of police by whose decision the appellant is aggrieved.

Textual Amendments

F39 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

C2 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

2 E+W+S A notice of 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.

Modifications etc. (not altering text)

C3 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

3 E+W+S On receiving notice of an appeal the [F40 appropriate officer of the Crown Court] shall enter the appeal and give notice to the appellant and to the chief officer of police to whom the notice of the appeal is required by paragraph 1 of this Part of this Schedule to be given, of the date, time and place fixed for the hearing.

Textual Amendments

F40 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

C4 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

4 E+W+S An appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon his appeal by giving notice in writing to the [F41 appropriate officer of the Crown Court] and to the chief officer of police; . . . F42

Textual Amendments

F41 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F42 Words repealed by S.I. 1971/1292, Sch. 3

Modifications etc. (not altering text)

C5 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

5 E+W+S The chief officer of police may appear and be heard on the hearing of an appeal.

Modifications etc. (not altering text)

C6 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 Sch. 5 Pt. II paras. 6, 8 repealed by S.I. 1971/1292, Sch. 3

7 E+W+S On the hearing of an appeal the court may either dismiss the appeal or give the chief officer of police such directions as it thinks fit as respects the certificate or register which is the subject of the appeal.

8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 5 Pt. II paras. 6, 8 repealed by S.I. 1971/1292, Sch. 3

[F45 Part III E+W+S Appeals in Scotland

Textual Amendments

F45 Sch. 5 Pt. III inserted (1.7.1997) by 1997 c. 5, s. 41(2); S.I. 1997/1535, art. 3(b), Sch. Pt. I

1 E+W+S An appeal to the sheriff shall be by way of summary application.

2 E+W+S An application shall be made within 21 days after the date on which the appellant has received notice of the decision of the chief officer of police in respect of which the appeal is made.

3 E+W+S On the hearing of the appeal the sheriff may either dismiss the appeal or give the chief officer of police such directions as he thinks fit as respects the certificate or register which is the subject of the appeal.

4 E+W+S The decision of the sheriff on an appeal may be appealed only on a point of law.]

Section 51.

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

Part I E+W+S Table of Punishments

Modifications etc. (not altering text)

C7 Sch. 6 Pt. I modified (1.11.1968) by S.I. 1968/1200, art. 3

Section of this Act creating offence	General nature of offence	Mode of prosecution	Punishment	Additional provisions
Section 1(1) ...	Possessing etc. firearm or ammunition without firearm certificate.	(a) Summary ...	6 months or a fine of [F46 £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, [F47 7 years], or a fine; or both,
			(ii) in any other case, [F48 5 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 [F49 level 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.	[F50 (a) Summary.]	[F50 6 months or the statutory maximum or both.]	Paragraph 1 of Part II of this Schedule applies.
		[F50 (b) On indictment.]	[F50 [F51 5 years] or a fine; or both.]
Section 2(2) ...	Non-compliance with condition of shot gun certificate.	Summary...	6 months or a fine of [F49 level 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 [F46 £400]; or both.
		(b) On indictment	[F52 5 years] or a fine; or both.
Section 3(2) ...	Selling firearm to person without a certificate.	(a) Summary ...	6 months or a fine of [F46 £400]; or both.
		(b) On indictment	[F53 5 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 [F46 £400]; or both.
		(b) On indictment	[F54 5 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 [F46 £400]; or both.
		(b) On indictment	[F55 5 years] or [F56 a fine]; or both.
Section 3(6) ...	Pawnbroker taking firearm in pawn.	Summary ... ...	3 months or a fine of [F49 level 3 on the standard scale]; or both.
[F57 Section 3(7)	Pawnbroker taking air weapon in pawn (Scotland only).	Summary	3 months or a fine of level 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 [F46 £400]; or both.
		(b) On indictment	[F58 7 years] or a fine; or both.
[F59 Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) [F60 , (ag), (ba)] or (c)	Possessing F61 ... prohibited weapons or ammunition.	On indictment	10 years or a fine, or both.
Section 5(1)(b)	Possessing F62 ... 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 F63 ... firearm disguised as other object.	On indictment	10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)	Possessing F64 ... 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.]
[F65 Section 5(2A)	Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition	On indictment	Imprisonment for life.]
Section 5(5) ...	Non-compliance with condition ofDefence Council authority.	Summary ...	6 months or a fine of [F49 level 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 [F49 level 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 [F49 level 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 [F49 level 5 on the standard scale]; or both.
Section 9(3) ...	Making false statement in order to obtain permit for auction of firearms, etc.	[F66 Summary]	[F66 6 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 [F49 level 5 on the standard scale]; or both.
Section 16 ...	Possession of firearm with intent to endanger life or injure property.	On indictment ...	[F67 life imprisonment] or a fine; or . . . F68 b oth.
[F69 Section 16A]	[F69 Possession of firearm with intent to cause fear of violence.]	[F69 On indictment]	[F69 10 years or a fine; or both.]
F69 Section 17(1) ...	Use of firearms to resist arrest.	On indictment ...	[F67 life imprisonment] or a fine; or, . . . F68 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 ...	[F70 Life imprisonment] or a fine; or . . . F68 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 ...	[F70 Life imprisonment] or a fine; or, . . . F68 b oth.
Section 19 ...	Carrying [F71 firearm or imitation firearm] in public place.	(a) Summary... [F72 except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) [F73 , (af), (ag) or (ba)] or section 5(1A)(a) of this Act.]	6 months or a fine of [F46 £400]; or both.
		(b) On indictment (but not F74 . . . if the firearm is an air weapon).	[F75 7 years.]or a fine; or both.
Section 20(1) ...	Trespassing with firearm [F76 or imitation firearm] in a building.	(a) Summary ... [F72 except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) [F77 , (af), (ag) or (ba)] or section 5(1A)(a) of this Act.]	6 months or a fine of [F46 £400]; or both.
		(b) On indictment (but not [F76 in the case of an imitation firearm or] if the firearm is an air weapon).	[F78 7 years]or a fine; or both.
Section 20(2) ...	Trespassing with firearm [F79 or imitation firearm] on land.	Summary ... ...	3 months or a fine of [F49 level 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 [F46 £400]; or both.
		(b) On indictment	[F80 5 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 [F46 £400]; or both.
		(b) On indictment	[F81 5 years] or a fine; or both.
[F82 Section [F83 21A] [F83 21A(1) and (1A)]	Person making improper use of air weapon	Summary	A fine of level 3 on the standard scale	Paragraphs 7 and 8 of Pt II of this Schedule apply.]
[F84 Section 22(1)	Person under 18 acquiring firearm	Summary	(i)  where the offence is committed by a person aged 17 in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both;
			(ii)  in any other case, 6 months or a fine of level 5 on the standard scale; or both.]
F85 Section 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 [F49 level 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 [F49 level 3 on the standard scale]	Paragraph 8 of Part II of this Schedule applies.
[F86 Section 22(4) ...]	[F86 Person under [F87 18] having with him an air weapon or ammunition therefor.]	[F86 Summary ... ...]	[F86 A fine of [F49 level 3 on the standard s cale]]	[F86 Paragraphs 7 and 8 of Part II of this Schedule apply.]
F88 . . .	F88 . . .	F88 . . .	F88 . . .	F88 . . .
[F89 Section 23(1) ...]	[F89 [F90 Person supervising a person under 18 and allowing him to make improper use of air weapon]]	[F89 Summary ... ...]	[F89 A fine of [F49 level 3 on the standard s cale]]	[F89 Paragraphs 7 and 8 of Part II of this Schedule apply.]
F91 . . .	F91 . . .	F91 . . .	F91 . . .	F91 . . .
[F92 Section 24(1)	Selling or letting on hire a firearm to a person under 18	Summary	(i)  where the offence is committed in relation to a person aged 17 and in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both;
			(ii)  in any other case, 6 months or a fine of level 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 [F49 level 5 on the standard scale]; or both.
Section 24(3) ...	Making gift of shot gun to person under 15.	Summary ... ...	A fine of [F49 level 3 on the standard scale]	Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...	Supplying air weapon to person under [F93 18] .	Summary ... ...	A fine of [F49 level 3 on the standard scale]	Paragraphs 7 and 8 of Part II of this Schedule apply.
[F94 Section 24ZA(1)	Failing to prevent minors from having air weapons	Summary	A fine of level 3 on the standard scale.	Paragraphs 7 and 8 of Part II of this Schedule apply.]
[F95 Section 24A(1) or (2)	Acquisition by a minor of an imitation firearm and supplying him.	Summary	In 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 [F49 level 3 on the standard scale]; or both.
[F96 Section 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 [F49 level 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 [F49 level 5 on the standard scale]; or both.
[F97 Section 30D(3)]...	Failing to surrender certificate on revocation.	Summary ... ...	A fine of [F49 level 3 on the standard s cale].
F98 . . .	F98 . . .	F98 . . .	F98 . . .
F98 . . .	F98 . . .	F98 . . .	F98 . . .
Section 38(8) ...	Failure to surrender certificate of registration [F99 or register of transactions] on removal of firearms dealer’s name from from register.	Summary ... ...	A fine of [F49 level 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 [F49 level 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 [F49 level 5 on the standard scale]; or both.
Section 39(3) ...	Non-compliance with condition of registration.	Summary ...	6 months or a fine of [F49 level 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 [F49 level 5 on the standard scale]; or both.
F100 . . .	F100 . . .	F100 . . .	F100 . . .
		F100 . . .	F100 . . .
[F101 Section 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.]
[F102 Section 46.]	[F102 Obstructing constable or civilian officer in exercise of search powers.]	[F102 Summary.]	[F102 6 months or a fine of level 5 on the standard scale; or both.]
F102 Section 47(2) ...	Failure to hand over firearm or ammunition on demand by constable.	Summary ...	3 months or a fine of [F49 level 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 [F49 level 3 on the standard scale].
F98 . . .	F98 . . .	F98 . . .	F98 . . .
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 [F49 level 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 [F49 level 3 on the standard scale].

Textual Amendments

F46 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(5), 66(7)(a)

F47 Sch. 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

F48 Sch. 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

F49 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F50 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(2)(4), 123(6), Sch. 8 para. 16

F51 Sch. 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

F52 Sch. 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

F53 Sch. 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

F54 Sch. 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

F55 Sch. 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

F56 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(4), 66(7)(a)

F57 Words in Sch. 6 Pt. 1 inserted (10.4.2017) by The Air Weapons and Licensing (Scotland) Act 2015 (Consequential Provisions) Order 2017 (S.I. 2017/452), arts. 1(2), 2(3)

F58 Sch. 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

F59 Sch. 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)

F60 Words in Sch. 6 Pt. 1 inserted (16.5.2019) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(a), 70(5)(g)

F61 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F62 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F63 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F64 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(d), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F65 Words in Sch. 6 Pt. I inserted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(8), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F66 Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(7)

F67 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(2), 66(7)(a)

F68 Words repealed by Criminal Justice Act 1972 (c. 71), ss. 28(6), 66(7)(a), Sch. 6 Pt. II

F69 Sch. 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))

F70 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(3)(4), 123(6), Sch. 8 para. 16

F71 Sch. 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)

F72 Sch. 6 Pt. I: words inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 30(4), 66(2); S.I. 2007/858, art. 2(d)

F73 Words in Sch. 6 Pt. 1 substituted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(b), 70(1); S.I. 2021/819, reg. 2(f)

F74 Sch. 6 Pt I: words omitted (1.10.2007) by virtue Violent Crime Reduction Act 2006 (c. 38), ss. 41(1)(a), 66(2); S.I. 2007/2518, art. 2

F75 Sch. 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

F76 Sch. 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))

F77 Words in Sch. 6 Pt. 1 substituted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(c), 70(1); S.I. 2021/819, reg. 2(f)

F78 Sch. 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

F79 Sch. 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))

F80 Sch. 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

F81 Sch. 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

F82 Sch 6 Pt I: entry inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(4), 66(2); S.I. 2007/2180, art. 3(d)

F83 Words in Sch. 6 Pt. 1 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(i); S.S.I. 2016/130, art. 3(c)

F84 Words in Sch. 6 Pt. I substituted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), regs. 1(2), 2(7)(a)

F85 Sch. 6 Pt. I: the entry relating to s. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(4).

F86 Words in Sch. 6 Pt. 1 repealed (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(ii); S.S.I. 2016/130, art. 3(c)

F87 Sch. 6 Pt. I: words in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 33(6)(b), 66(2); S.I. 2007/2180, art. 3(c)

F88 Sch. 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)

F89 Words in Sch. 6 Pt. 1 repealed (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(iii); S.S.I. 2016/130, art. 3(c)

F90 Sch. 6 Pt I: words in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(5), 66(2); S.I. 2007/2180, art. 3(d)

F91 Sch. 6 Pt I: entry repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F92 Words in Sch. 6 Pt. I substituted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), regs. 1(2), 2(7)(b)

F93 Sch. 6 Pt. I: word in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 33(6)(d), 66(2); S.I. 2007/2180, art. 3(c)

F94 Words in Sch. 6 Pt. I inserted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(4), 59(1); S.I. 2011/144, art. 2

F95 Sch. 6 Pt I: entry inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 40(2), 66(2); S.I. 2007/2180, art. 3(i)

F96 Sch. 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

F97 Sch. 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

F98 Words in Sch. 6 Pt. 1 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 59(12); 2020 c. 1, Sch. 5 para. 1(1)

F99 Words inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 14(1)

F100 Sch. 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

F101 Sch. 6 Pt. I: the entry relating to s. 42A inserted (1.1.1993) by S.I. 1992/2823, reg. 6(3).

F102 Sch. 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

Part II E+W+S Supplementary Provisions as to Trial and Punishment of offences

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

Textual Amendments

F103 Sch. 6 Pt. II para. 1 repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 83(3), Sch. 8

2 E+W+S In 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.

[F104 3 [F105 (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 [F106 Schedule 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 [F107 sections 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 [F108 the 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 [F108 section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]]

Textual Amendments

F104 Para. 3 substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F105 Sch. 6 para. 3 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 45, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)

F106 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(a)

F107 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(b>)

F108 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(c)

Modifications etc. (not altering text)

C8 Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)

4 E+W+S Where 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.

5 E+W+S If 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.

6 E+W+S The 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).

7 E+W+S The court by which a person is convicted of an offence under section [F109 [F110 21A,][F111 22(4), 23(1)] [F110 21A(1), 21A(1A), 22(3)] F112 . . . ] [F113 , 24(4) or 24ZA(1)] 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.

Textual Amendments

F109 Words in Sch. 6 Pt. 2 para. 7 inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 34(6)(a), 66(2); S.I. 2007/2180, art. 3(d)

F110 Words in Sch. 6 para. 7 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(b)(i); S.S.I. 2016/130, art. 3(c)

F111 Words in Sch. 6 Pt. 2 para. 7 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(6)(a), 93; S.I. 2003/3300, art. 2(c)(ii)

F112 Words in Sch. 6 Pt. 2 para. 7 repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F113 Words in Sch. 6 para. 7 substituted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(5), 59(1); S.I. 2011/144, art. 2

8 E+W+S The court by which a person is convicted of an offence under section [F114 [F115 21A,][F116 22(3) or (4), 23(1)] [F115 21A(1), 21A(1A), 22(3),] F117 . . . ] [F118 , 24(4) or 24ZA(1)] may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.

Textual Amendments

F114 Words in Sch. 6 Pt. 2 para. 8 inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(6)(b), 66(2); S.I. 2007/2180, art. 3(d)

F115 Words in Sch. 6 para. 8 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(b)(ii); S.S.I. 2016/130, art. 3(c)

F116 Words in Sch. 6 Pt. 2 para. 8 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(6)(b), 93; S.I. 2003/3300, art. 2(c)(ii)

F117 Words in Sch. 6 Pt. 2 para. 8 repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F118 Words in Sch. 6 para. 8 substituted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(5), 59(1); S.I. 2011/144, art. 2

9 E+W+S The 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.

Section 59.

SCHEDULE 7. E+W+S Repeals

Modifications etc. (not altering text)

C9 The text of s. 59(1) and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
1 Edw. 8&1 Geo. 6. c. 12.	The Firearms Act 1937.	The whole Act.
11&12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	In Schedule 9, the entry relating to the Firearms Act 1937.
12, 13&14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In Schedule 11, the entry relating to the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 55.	The Magistrate Courts Act 1952.	In Schedule 5, the entry relating to section 23(4) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 52.	The Prison Act 1952.	In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 61.	The Prison (Scotland) Act 1952.	In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
4&5 Eliz. 2. c. 69.	The Sexual Offences Act 1956.	In Schedule 3, the entry relating to the Firearms Act 1937.
10&11 Eliz. 2. c. 49.	The Air Guns and Shot Guns, etc. Act 1962.	The whole Act.
1964 c. 48	The Police Act 1964.	In Schedule 9, the entry relating to the Firearms Act 1937.
1965 c. 44.	The Firearms Act 1965.	The whole Act.
1966 c. 42.	The Local Government Act 1966.	In Part II of Schedule 3, the entry (numbered 19) relating to the Firearms Act 1937.
1966 c. 51.	The Local Government (Scotland) Act 1966.	In Part II of Schedule 4, the entry (numbered 17) relating to the Firearms Act 1937.
1967 c. 77.	The Police (Scotland) Act 1967.	In Schedule 4, the entry relating to the Firearms Act 1937.
1967 c. 80.	The Criminal Justice Act 1967.	Part V (that is to say, sections 85 to 88).