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Anti-social Behaviour Act 2003

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39Prohibition of certain air weaponsE+W+S

This section has no associated Explanatory Notes

(1)The Firearms Act 1968 (c. 27) shall be amended as follows.

(2)In section 1(3)(b) after “air pistol” insert “ which does not fall within section 5(1) and which is ”.

(3)In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—

(af)any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system;.

(4)If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)—

(a)section 5(1) of that Act shall not prevent the person’s continued possession of the air rifle, air gun or air pistol,

(b)section 1 of that Act shall apply, and

(c)a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.

(5)But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).

(6)In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—

(a)in subsection (4), omit the word “or” at the end of paragraph (a) and after paragraph (b) insert— ; or

(c)any air rifle, air gun or air pistol which is not for the time being specified in that subsection but appears to him to be specially dangerous,, and

(b)after subsection (4) insert—

(4A)An order under subsection (4)—

(a)may provide for a provision of the principal Act to apply with or without modification or exception in relation to anything added to subsection (1) of section 5 by the order,

(b)may impose conditions in respect of any application, modification or exception provided for by the order (which may, in particular, include provision requiring a person to obtain a certificate in accordance with an enactment referred to or applied by the order),

(c)may make provision generally or by reference to a particular purpose or circumstance,

(d)may confer a function on the Secretary of State or another specified person, and

(e)may make transitional, consequential or incidental provision.

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Commencement Information

I1S. 39(1)(2)(4)-(6) in force at 20.1.2004 by S.I. 2003/3300, art. 2(c)(iii)

I2S. 39(3) in force at 20.1.2004 for specified purposes by S.I. 2003/3300, art. 2(c)(iii)

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