Explanatory Notes

Air Weapons and Licensing (Scotland) Act 2015

2015 asp 10

4 August 2015

Structure and Summary of the Act

Part 1 – Air Weapons

Enforcement

Section 28 – Cancellation of air weapon certificate

104.This section allows a court to order the cancellation of an individual’s air weapon certificate when that individual is convicted of one or more of the offences, or is subject to one of the other orders, set out in subsection (1). Orders may make provision about any type of firearm as well as air weapons.

105.Subsection (3) requires the court to notify the Chief Constable of a cancellation made under this section, at which point the Chief Constable must notify the certificate holder and allow 21 days for surrender of the certificate.

106.Subsections (4) and (5) make it an offence for an individual to fail to surrender the certificate within 21 days when required to do so by a notice under subsection (3)(b), unless the individual has a reasonable excuse (for example, if they were unable to comply because they were serving a prison sentence).