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Firearms Act 1968

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  • Act amended by 1997 c. 5 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 was repealed (17.12.1997) by 1997 c. 64, s. 2(7), Sch.; S.I. 1997/3114, art. 3, Sch. Pt. I)
  • Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 17.

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

[F11Offences under section 1 of the M1Criminal Damage Act 1971.]

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Amendments (Textual)

Marginal Citations

2Offences under any of the following provisions of the Offences Against the M2Person 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

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Amendments (Textual)

Marginal Citations

[F32AOffences under Part I of the Child Abduction Act 1984 (abduction of children).]

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Amendments (Textual)

[F43Offences 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).]

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Amendments (Textual)

F54Theft, [F6robbery] burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the M3Theft Act 1968.

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Amendments (Textual)

F5Para. 4 substituted by Theft Act 1968 (c.60) Sch. 2 Pt. III

F6Word 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

5Offences under [F7section 89(1) of the Police Act 1996] or [F8section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police)] .

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Amendments (Textual)

F7Words in Sch. 1 para. 5 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 16

[F95AAn offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).]

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Amendments (Textual)

F9Sch. 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

[F105BAn offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).]

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Amendments (Textual)

F10Sch. 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

[F115CAn offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

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Amendments (Textual)

F11Sch. 1 para. 5C inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 34, 35

[F126Offences 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.]

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Amendments (Textual)

[F136AAn offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer).]

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Amendments (Textual)

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

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Amendments (Textual)

8Aiding or abetting the commission of any offence specified in [F15paragraphs 1 to [F166A]] of this Schedule.

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Amendments (Textual)

9Attempting to commit any offence so specified, . . . F17

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Amendments (Textual)

Sections 17, 18.

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

Common Law OffencesE+W+S

1Abduction.

2Administration of drugs with intent to enable or assist the commission of a crime.

3Assault.

4Housebreaking with intent to steal.

5Malicious mischief.

6Mobbing and rioting.

7Perverting the course of justice.

8Prison breaking and breaking into prison to rescue prisoners.

9Rape.

10Robbery.

11Theft.

12Use of threats with intent to extort money or property.

13Wilful fireraising and culpable and reckless fireraising.

Statutory OffencesE+W+S

[F1813AOffences against section 57 of the Civil Government (Scotland) Act 1982]

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Amendments (Textual)

Prospective

[F1913BAn offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

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Amendments (Textual)

[F2014Offences against such of the provisions of section 4 of the M4Vagrancy Act 1824 as are extended to Scotland by section 15 of the M5Prevention of Crimes Act 1871.]

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Amendments (Textual)

Marginal Citations

15Offences against the third and fourth paragraphs of section 7 of the M6Prevention of Crimes Act 1871.

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Marginal Citations

16Offences against sections 2, 3 or 4 of the M7Explosive Substances Act 1883.

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Marginal Citations

[F2117Offences against section 175 of the M8Road Traffic Act 1972.]

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Amendments (Textual)

Marginal Citations

18Offences against [F22section 90 of the Police and Fire Reform (Scotland) Act 2012.]

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Amendments (Textual)

AttemptsE+W+S

19Attempt to commit any of the offences mentioned in this Schedule.

Section 21.

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

Part IE+W+S Application to [F23the Crown Court] (England and Wales)

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Amendments (Textual)

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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Amendments (Textual)

2Notice 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 [F25appropriate officer of the Crown Court] and also to the chief officer of police for the area in which the applicant resides.

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Amendments (Textual)

F25Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

3On receiving notice of the application the [F26appropriate 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 [F26appropriate officer of the Crown Court] received the notice of the application.

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Amendments (Textual)

F26Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

4The 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 [F27appropriate officer of the Crown Court] and to the chief officer of police; and if he does so the [F28Crown 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.

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Amendments (Textual)

F27Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

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

6The court may from time to time adjourn the hearing of the application.

7On 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 IIE+W+S Application to Sheriff (Scotland)

8The application shall be made to the sheriff within whose jurisdiction the applicant resides.

9Not 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 4E+W+S Particulars to be Entered by Firearms Dealer in Register of Transactions

[F29PART 1E+W+S+N.I.PARTICULARS RELATING TO FIREARMS (OTHER THAN AIR WEAPONS) AND AMMUNITION]

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Amendments (Textual)

F29Sch. 4: Pt. 1 heading inserted (1.10.2007) by The Firearms (Amendment) Rules 2007 (S.I. 2007/2605), rule 2(2)

Prospective

[F29Note: in this Part references to firearms do not include any firearm to which Part 2 [F30or 3] of this Schedule applies]S

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Amendments (Textual)

X11The quantities and description of firearms and ammunition manufactured and the dates thereof.

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Editorial Information

X1The 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.

X22The 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.

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Editorial Information

X2The 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.

X33The 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.

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Editorial Information

X3The 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[4The 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.]

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Editorial Information

X4The 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.

X55The 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.

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Editorial Information

X5The 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.

[F31PART 2E+W+S[F32PARTICULARS RELATING TO AIR WEAPONS] [F32PARTICULARS RELATING TO AIR WEAPONS: ENGLAND AND WALES]

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Amendments (Textual)

[F33Note: in this Part “air weapon” includes any component of, or accessory to, an air weapon.][F33Notes: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

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Amendments (Textual)

1The 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.

2The 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.

3The 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]

[F34PART 3SPARTICULARS RELATING TO AIR WEAPONS: SCOTLAND

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Amendments (Textual)

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

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

2The 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.

3The 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.

4The 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.

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

Part IE+W+S Courts with Jurisdiction to entertain Appeal

Nature of appeal . . . F35Sheriff’s jurisdiction
1. Appeal under section [F3628A(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.

Part IIE+W+S Procedural provisions for appeal to [F37the Crown Court]

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Amendments (Textual)

1Notice 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 [F38appropriate officer of the Crown Court] and also to the chief officer of police by whose decision the appellant is aggrieved.

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Amendments (Textual)

F38Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

2A 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.

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Modifications etc. (not altering text)

3On receiving notice of an appeal the [F39appropriate 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.

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Amendments (Textual)

F39Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

4An 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 [F40appropriate officer of the Crown Court] and to the chief officer of police; . . . F41

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Amendments (Textual)

F40Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F41Words repealed by S.I. 1971/1292, Sch. 3

Modifications etc. (not altering text)

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

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Modifications etc. (not altering text)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

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Amendments (Textual)

7On 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

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Amendments (Textual)

[F44Part IIIE+W+S Appeals in Scotland

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Amendments (Textual)

1An appeal to the sheriff shall be by way of summary application.

2An 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.

3On 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.

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

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)

C7Sch. 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 [F45£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, [F467 years], or a fine; or both,
(ii) in any other case, [F475 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 [F48level 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.[F49(a) Summary.][F496 months or the statutory maximum or both.]Paragraph 1 of Part II of this Schedule applies.
[F49(b) On indictment.][F49[F505 years] or a fine; or both.]
Section 2(2) ...Non-compliance with condition of shot gun certificate.Summary...6 months or a fine of [F48level 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 [F45£400]; or both.
(b) On indictment[F515 years] or a fine; or both.
Section 3(2) ...Selling firearm to person without a certificate.(a) Summary ...6 months or a fine of [F45£400]; or both.
(b) On indictment[F525 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 [F45£400]; or both.
(b) On indictment[F535 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 [F45£400]; or both.
(b) On indictment[F545 years] or [F55a fine]; or both.
Section 3(6) ...Pawnbroker taking firearm in pawn.Summary ... ...3 months or a fine of [F48level 3 on the standard scale]; or both.
[F56Section 3(7) Pawnbroker taking air weapon in pawn (Scotland only).Summary3 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 [F45£400]; or both.
(b) On indictment[F577 years] or a fine; or both.
[F58Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)Possessing F59... prohibited weapons or ammunition.On indictment10 years or a fine, or both.
Section 5(1)(b)Possessing F60... 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 F61... firearm disguised as other object.On indictment10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)Possessing F62... 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.]

[F63Section 5(2A) Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunitionOn indictmentImprisonment for life.]
Section 5(5) ...Non-compliance with condition ofDefence Council authority.Summary ...6 months or a fine of [F48level 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 [F48level 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 [F48level 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 [F48level 5 on the standard scale]; or both.
Section 9(3) ...Making false statement in order to obtain permit for auction of firearms, etc.[F64Summary][F646 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 [F48level 5 on the standard scale]; or both.
Section 16 ...Possession of firearm with intent to endanger life or injure property.On indictment ...[F65life imprisonment] or a fine; or . . . F66b oth.
[F67Section 16A][F67Possession of firearm with intent to cause fear of violence.][F67On indictment][F6710 years or a fine; or both.]
F67Section 17(1) ...Use of firearms to resist arrest.On indictment ...[F65life imprisonment] or a fine; or, . . . F66 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 ...[F68Life imprisonment] or a fine; or . . . F66 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 ...[F68Life imprisonment] or a fine; or, . . . F66 b oth.
Section 19 ...Carrying [F69firearm or imitation firearm] in public place.(a) Summary... [F70except 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 [F45£400]; or both.
(b) On indictment (but not F71. . . if the firearm is an air weapon).[F727 years.]or a fine; or both.
Section 20(1) ...Trespassing with firearm [F73or imitation firearm] in a building.(a) Summary ... [F70except 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 [F45£400]; or both.
(b) On indictment (but not [F73in the case of an imitation firearm or] if the firearm is an air weapon).[F747 years]or a fine; or both.
Section 20(2) ...Trespassing with firearm [F75or imitation firearm] on land.Summary ... ...3 months or a fine of [F48level 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 [F45£400]; or both.
(b) On indictment[F765 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 [F45£400]; or both.
(b) On indictment[F775 years] or a fine; or both.
[F78Section [F7921A] [F7921A(1) and (1A)]Person making improper use of air weaponSummaryA fine of level 3 on the standard scaleParagraphs 7 and 8 of Pt II of this Schedule apply.]
[F80Section 22(1) Person under 18 acquiring firearmSummary(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.]
F81Section 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 [F48level 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 [F48level 3 on the standard scale]Paragraph 8 of Part II of this Schedule applies.
[F82Section 22(4) ...][F82Person under [F8318] having with him an air weapon or ammunition therefor.][F82Summary ... ...][F82A fine of [F48level 3 on the standard s cale]][F82Paragraphs 7 and 8 of Part II of this Schedule apply.]
F84. . . F84. . . F84. . . F84. . . F84. . .
[F85Section 23(1) ...][F85[F86Person supervising a person under 18 and allowing him to make improper use of air weapon]][F85Summary ... ...][F85A fine of [F48level 3 on the standard s cale]][F85Paragraphs 7 and 8 of Part II of this Schedule apply.]
F87. . . F87. . . F87. . . F87. . . F87. . .
[F88Section 24(1) Selling or letting on hire a firearm to a person under 18Summary(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 [F48level 5 on the standard scale]; or both.
Section 24(3) ...Making gift of shot gun to person under 15.Summary ... ...A fine of [F48level 3 on the standard scale]Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...Supplying air weapon to person under [F8918] .Summary ... ...A fine of [F48level 3 on the standard scale]Paragraphs 7 and 8 of Part II of this Schedule apply.
[F90Section 24ZA(1) Failing to prevent minors from having air weaponsSummaryA fine of level 3 on the standard scale.Paragraphs 7 and 8 of Part II of this Schedule apply.]
[F91Section 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 [F48level 3 on the standard scale]; or both.
[F92Section 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 [F48level 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 [F48level 5 on the standard scale]; or both.
[F93Section 30D(3)]...Failing to surrender certificate on revocation.Summary ... ...A fine of [F48level 3 on the standard s cale].
[F94Section 32B(5)..Failure to surrender expired European firearms passSummary... A fine of level 3 on the standard scale.
F95Section 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 [F96or register of transactions] on removal of firearms dealer’s name from from register.Summary ... ...A fine of [F48level 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 [F48level 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 [F48level 5 on the standard scale]; or both.
Section 39(3) ...Non-compliance with condition of registration.Summary ...6 months or a fine of [F48level 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 [F48level 5 on the standard scale]; or both.
F97. . .F97. . .F97. . .F97. . .
F97. . .F97. . .
[F98Section 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.]
[F99Section 46.][F99Obstructing constable or civilian officer in exercise of search powers.][F99Summary.][F996 months or a fine of level 5 on the standard scale; or both.]
F99Section 47(2) ...Failure to hand over firearm or ammunition on demand by constable.Summary ...3 months or a fine of [F48level 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 [F48level 3 on the standard scale].
[F100Section 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 [F48level 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 [F48level 3 on the standard scale].

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

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

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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.

[F1023[F103(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 [F104Schedule 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 [F105sections 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 [F106the 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 [F106section 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)

F103Sch. 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)

Modifications etc. (not altering text)

C8Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)

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.

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.

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).

7The court by which a person is convicted of an offence under section [F107[F10821A,][F10922(4), 23(1)] [F10821A(1), 21A(1A), 22(3)] F110. . . ] [F111, 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F107Words 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)

F109Words 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)

F110Words 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)

F111Words 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

8The court by which a person is convicted of an offence under section [F112[F11321A,][F11422(3) or (4), 23(1)] [F11321A(1), 21A(1A), 22(3),] F115. . . ] [F116, 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F112Words 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)

F114Words 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)

F115Words 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)

F116Words 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

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.

Section 59.

SCHEDULE 7.E+W+S Repeals

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C9The 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.

ChapterShort TitleExtent 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. 48The 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).

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