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The Firearms (Scotland) Rules 1989

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Statutory Instruments

1989 No. 889 (S.90)

ARMS AND AMMUNITION

The Firearms (Scotland) Rules 1989

Made

19th May 1989

Coming into force

1st July 1989

The Secretary of State, in exercise of the powers conferred on him by sections 7(1), 9(2),13(1), 26(1) and (2), 27(2) and (3), 28(2), 33(1),(3) and (5), 37(1), 40(7), 53, 55(1) and 57(4) of the Firearms Act 1968(1) and section 17(2) and (4) of the Firearms (Amendment) Act 1988(2) and of all other powers enabling him in that behalf, hereby makes the following Rules:

Citation, commencement and extent

1.  (1)  These Rules may be cited as the Firearms (Scotland) Rules 1989 and shall come into force on 1st July 1989.

(2) Rules 3(5) and 4(5) shall not have effect, in relation to a certificate granted or renewed before 1st July 1989, during the period for which the certificate was so granted or renewed.

(3) These Rules extend to Scotland only.

Interpretation

2.  In these Rules—

(a)“the principal Act” means the Firearms Act 1968;

(b)references to firearms include references to imitation firearms to which the Firearms Act 1982(3) applies;

(c)any reference to a form includes a reference to any form to the like effect; and

(d)any reference to a Schedule, except in rule 10(5) below, is a reference to a Schedule to these Rules.

Firearm certificates

3.  (1)  An application for the grant, renewal or variation of a firearm certificate shall be in the form set out in Part I of Schedule 1.

(2) The information given by an applicant for the grant or renewal of a firearm certificate in answer to the questions numbered 1 to 15 in the form of application referred to in paragraph (1) above shall be verified in the manner specified in rule 5 below.

(3) An application for the grant or renewal of a firearm certificate shall be accompanied by—

(a)the statement referred to in rule 6 below, and

(b)four photographs of the applicant as specified in rule 7 below.

(4) A firearm certificate shall be granted or renewed subject to the following conditions (whether or not in addition to any other conditions), namely:—

(a)the holder must, on receipt of the certificate, sign it in ink with his usual signature;

(b)the holder of the certificate must inform at once the chief officer of police by whom the certificate was granted of the theft or loss in Great Britain of any firearm or ammunition to which it relates;

(c)the holder of the certificate must, without undue delay, inform the chief officer of police by whom the certificate was granted of any change in his permanent address;

(d)(i)the firearms and ammunition to which the certificate relates must at all times (except in the circumstances set out in paragraph

(ii)below) be stored securely so as to prevent, so far as is reasonably practicable, access to the firearms or ammunition by an unauthorised person;

(ii)where a firearm or ammunition to which the certificate relates is in use or the holder of the certificate has the firearm with him for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the firearm is in transit to or from a place in connection with its use or any such purpose, reasonable precautions must be taken for the safe custody of the firearm or the ammunition.

(5) A firearm certificate shall bear a photograph of the holder and shall be in the form set out in Part II of Schedule 1.

Shot gun certificates

4.  (1)  An application for the grant or renewal of a shot gun certificate shall be in the form set out in Part I of Schedule 2 and, in the case of an application for renewal, shall be accompanied by the certificate to be renewed if it is available.

(2) The information given by an applicant in answer to the questions numbered 1 to 15 in—

(a)the form of application for the grant or renewal of a shot gun certificate, or

(b)a form of application for the grant or renewal of a firearm certificate which is submitted to the chief officer of police at the same time as the form of application referred to in sub-paragraph (a) above,

shall be verified in the form of application referred to in sub-paragraph (a) above in the manner specified in rule 5 below.

(3) An application for the grant or renewal of a shot gun certificate shall be accompanied by—

(a)the statement referred to in rule 6 below, and

(b)four photographs of the applicant as specified in rule 7 below.

(4) A shot gun certificate shall be granted or renewed subject to the following conditions and no others, namely:—

(a)the holder must, on receipt of the certificate, sign it in ink with his usual signature;

(b)the holder of the certificate must inform at once the chief officer of police by whom the certificate was granted of the theft or loss in Great Britain of any shot gun to which it relates;

(c)the holder of the certificate must, without undue delay, inform the chief officer of police by whom the certificate was granted of any change in his permanent address;

(d)(i)the shot guns to which the certificate relates must at all times (except in the circumstances set out in paragraph (ii) below) be stored securely so as to prevent, so far as is reasonably practicable, access to the guns by an unauthorised person;

(ii)where a shot gun to which the certificate relates is in use or the holder of the certificate has the shot gun with him for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the gun is in transit to or from a place in connection with its use or any such purpose, reasonable precautions must be taken for the safe custody of the gun.

(5) A shot gun certificate shall bear a photograph of the holder and shall be in the form set out in Part II of Schedule 2.

Verification of application

5.  (1)  The information referred to in rules 3(2) and 4(2) above shall be verified by the signed statement of a person who satisfies the requirements of paragraph (2) of this rule that the information is, to the best of his knowledge and belief, correct.

(2) To satisfy the requirements of this paragraph a person must not be a member of the applicant’s family, and must—

(a)be resident in Great Britain,

(b)have known the applicant personally for at least two years, and

(c)be a member of Parliament, justice of the peace, minister of religion, doctor, lawyer, established civil servant, bank officer or person of similar standing.

Statement to accompany application

6.  The statement referred to in rules 3(3)(a) and 4(3)(a) above shall be a signed statement by the person referred to in rule 5 above to the effect that he knows of no reason why the applicant should not be permitted to possess a firearm.

Photographs to accompany application

7.  The photographs referred to in rules 3(3)(b) and 4(3)(b) above shall, in each case, be four identical unmounted photographs showing the current true likeness of the applicant and measuring 45mm by 35mm, of which—

(a)one shall be signed in ink, on the back of the photograph, with the applicant’s usual signature; and

(b)one shall have set out, on the back of the photograph—

(i)a signed statement in ink by the person referred to in rule 5 above to the effect that the photograph is a current true likeness of the applicant, and

(ii)the date when the likeness was compared.

Visitors' firearm and shot gun permits

8.  (1)  An application for the grant of a visitor’s firearm permit or a group application for the grant of not more than twenty visitors' firearm permits shall be in the form set out in Part I of Schedule 3.

(2) An application for the grant of a visitor’s shot gun permit or a group application for the grant of not more than twenty visitors' shot gun permits shall be in the form set out in Part II of Schedule 3.

(3) A visitor’s firearm permit shall be in the form set out in Part III of Schedule 3.

(4) A visitor’s shot gun permit shall be in the form set out in Part IV of Schedule 3.

Other permits

9.  (1)  A permit issued under section 7(1) of the principal Act (police permit) shall—

(a)in the case of a permit relating to firearms and ammunition to which section 1 of the principal Act applies, be in the form set out in Part I of Schedule 4, or

(b)in the case of a permit relating to shot guns only, be in the form set out in Part II of Schedule 4.

(2) A permit issued under section 9(2) of the principal Act (permit for auctioneers) shall—

(a)in the case of a permit relating to firearms and ammunition to which section 1 of the principal Act applies, be in the form set out in Part III of Schedule 4, or

(b)in the case of a permit relating to shot guns only, be in the form set out in Part IV of Schedule 4.

(3) A permit issued under section 13(1) of the principal Act (permit to remove firearm from a ship or to remove signalling apparatus from or to an aircraft or aerodrome) shall be in the form set out in Part V of Schedule 4.

Firearms dealers

10.  (1)  An application under section 33 of the principal Act for registration as a firearms dealer, or for a new certificate of registration as a firearms dealer, shall be in the form set out in Part I of Schedule 5.

(2) A notification under section 37 of the principal Act (notification that a person registered as a firearms dealer proposed to carry on business as such at a place of business not yet entered in the register) shall be in the form set out in Part II of Schedule 5.

(3) The register to be kept by a chief officer of police under section 33 of the principal Act shall be in the form set out in Part III of Schedule 5.

(4) The register to be kept under section 40(1) of the principal Act by a person who by way of trade or business manufactures, sells or transfers firearms or ammunition (being firearms or ammunition within the meaning of that subsection) shall be in the form set out in Part IV of Schedule 5, and the provisions of Part V of that Schedule shall have effect in relation to the manner in which a register in that form should be kept.

(5) Schedule 4 to the principal Act (particulars to be entered by firearms dealer in register of transactions) shall continue to have effect with the substitution for paragraph 4 of that Schedule of the following paragraph:—

4.  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..

Revocations

11.  The Firearms (Scotland) Rules 1969(4) and the Firearms (Scotland) Amendment Rules 1983(5) are hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

19th May 1989

SCHEDULE 1FIREARM CERTIFICATES: FORMS OF APPLICATION AND CERTIFICATE

Rule 3(1)

PART I

Rule 3(5)

PART II

SCHEDULE 2FIREARM CERTIFICATES: FORMS OF APPLICATION AND CERTIFICATE

Rule 4(1)

PART I

Rule 4(5)

PART II

SCHEDULE 3VISITORS' PERMITS: FORMS OF APPLICATION AND PERMITS

Rule 8(1)

PART I

Rule 8(2)

PART II

Rule 8(3)

PART III

Rule 8(4)

PART IV

SCHEDULE 4OTHER PERMITS: FORMS OF PERMITS

Rule 9(1)(a)

PART I

Rule 9(1)(b)

PART II

Rule 9(2)(a)

PART III

Rule 9(2)(b)

PART IV

Rule 9(3)

PART V

SCHEDULE 5FIREARM DEALERS: FORMS OF APPLICATION, NOTIFICATION AND REGISTERS

Rule 10(1)

PART I

Rule 10(2)

PART II

Rule 10(3)

PART III

Rule 10(4)

PART IV

Rule 10(4)

Part V:Directions as to the manner of keeping a register in the form set out in Part IV of this Schedule

1.  The register may be kept in the following manner—

(i)the four Parts of the register may be kept in separate books;

(ii)each part may be divided into separate sections for firearms and ammunition;

(iii)each Part or section may be so arranged that entries relating to one or more different descriptions of firearms or ammunition are made either in separate divisions of the column or columns headed “Description” or in separate sections or subsections of that Part;

(iv)Part II and Part III may each be divided into separate sections or subsections according to the nature of the transaction or transactions;

(v)a separate section or subsection of Part IV may be provided for firearms in possession for purposes other than sale or hire:

Provided that—

(a)the nature of the contents of each section or subsection is indicated at the beginning of the section or subsection, and

(b)the Parts, sections and subsections are so kept as to be readily available for inspection.

2.  Parts or columns of the register which relate to a class of business which is not carried on may be dispensed with, provided that a statement of the class of business carried on is entered at the beginning of each Part.

3.  In Parts I, II and III of the register, the totals of the entries in the columns headed “Quantity” should be shown at the foot of each completed page as “carried forward” and at the head of the next page as “brought forward”.

4.  The description of firearms or ammunition or the headings of the columns in which entries under the heading “Description” are made should indicate clearly—

(a)in the case of firearms—

(i)the class of firearms (e.g.shot gun, rifle, revolver or pistol);

(ii)the make, type or distinctive name of the firearm;

(iii)the calibre;

(iv)the number or other distinguishing mark, if it is practicable to give it; and

(v)except in Part I of the register, the maker’s name;

(b)in the case of ammunition—

(i)the make, type or distinctive name of the ammunition;

(ii)the nature of the explosive (e.g.smokeless powder);

(iii)the calibre; and

(iv)except in Part I of the register, the maker’s name.

5.  No abbreviations should be used, unless their meaning is made plain to any person inspecting the register.

6.  Where any entries other than the prescribed particulars are made in the register, they should be made in such a way as not to interfere with or obscure the entries of the prescribed particulars.

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the forms to be used in connection with the grant of certificates and permits for the purpose of the Firearms Acts 1968 to 1988, and the registration of firearm dealers, and also the form of the register of transactions to be kept by such dealers.

The Rules supersede the Firearms (Scotland) Rules 1969 (as amended by the Firearms (Scotland) Amendment Rules 1983) and the changes of substance are mainly those made to take account of provisions of the Firearms (Amendment) Act 1988. Rules 3(3)(a), 4(3)(a) and 6 require an application for a firearm or shot gun certificate to be accompanied by a statement from the person verifying the application (who need no longer be a British subject, but must be resident in Great Britain and who may additionally be an established civil servant) to the effect that he knows of no reason why the applicant should not be permitted to possess a firearm. Rules 3(3)(b), 4(3)(b) and 7 require the application to be accompanied by four photographs of the applicant, one of which is to be signed by the applicant and one is to be verified by the person who verifies the application. Rules 3(5) and 4(5) provide for a firearm certificate and a shot gun certificate to bear a photograph of the holder of the certificate.

The prescribed form of shot gun certificate in Schedule 2 to the Rules reflects the new requirement in section 28 of the Firearms Act 1968, as amended by the 1988 Act, that the description of the shot guns to which the certificate relates should be specified in the certificate, and the form contains instructions with which the transferor of a shot gun to the holder of the certificate must comply. The Rules also prescribe the forms to be used in connection with the grant of visitors' firearm and shot gun permits (rule 8).

In addition a single form is now prescribed for applications for the grant or renewal of a shot gun certificate (instead of the two separate forms previously prescribed). The conditions of a firearm certificate prescribed by rule 3(4) now include a revised safe keeping condition for the firearms and ammunition to which the certificate relates, and rule 4(4) prescribes a similar condition for a shot gun certificate to ensure the safe keeping of the shot guns to which the certificate relates.

(1)

1968 c. 27, as extended by section 2(1) of the Firearms Act 1982 (c. 31); section 26(2) was amended by sections 9 and 10 of the Firearms (Amendment) Act 1988 (c. 45) and sections 53 and 55 were extended by section 25(6) of the 1988 Act; section 57(4) contains a definition of “prescribed”.

(4)

S.I. 1969/1453

(5)

S.I. 1983/1495

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