Firearms (Amendment) Act 1994

1994 CHAPTER 31

An Act to create a new offence of possessing a firearm or imitation firearm with intent to cause fear of violence; to apply certain provisions of the Firearms Act 1968 to imitation firearms; and for connected purposes.

[21st July 1994]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Possession of firearm or imitation firearm with intent to cause fear of violence

(1) After section 16 of the [1968 c. 27.] Firearms Act 1968 (“the 1968 Act”) there shall be inserted the following section—

“16A Possession of firearm with intent to cause fear of violence

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a) by means thereof to cause, or

(b) to enable another person by means thereof to cause,

any person to believe that unlawful violence will be used against him or another person.”

(2) In Part I of Schedule 6 to that Act (prosecution and punishment of offences), after the entry relating to section 16 there shall be inserted the following entry—

“Section 16A

Possession of firearm with intent to cause fear of violence.

On indictment

10 years or a fine; or both.

—”

2 Application of sections 20 and 46 of 1968 Act to imitation firearms

(1) In section 20 of the 1968 Act (trespassing with firearms), after the word “firearm”, in both places where it occurs, there shall be inserted the words “or imitation firearm”.

(2) In subsection (1)(b) of section 46 of that Act (power of search with warrant), after the word “firearm” there shall be inserted the words “, imitation firearm”.

(3) In Part I of Schedule 6 to that Act—

(a) in the entry relating to section 20(1), in the second column, after the word “firearm” there shall be inserted the words “or imitation firearm” and, in the third column, after the words “but not” there shall be inserted the words “in the case of an imitation firearm or”; and

(b) in the entry relating to section 20(2), in the second column, after the word “firearm” there shall be inserted the words “or imitation firearm”.

3 Northern Ireland

(1) Sections 1 and 2 above do not extend to Northern Ireland.

(2) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 1 and 2 above—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4 Short title and commencement

(1) This Act may be cited as the Firearms (Amendment) Act 1994.

(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act shall not have effect in relation to anything done before it comes into force.