The Firearms (Amendment) (No. 2) Rules 2021

Statutory Instruments

2021 No. 1172

Arms And Ammunition

The Firearms (Amendment) (No. 2) Rules 2021

Made

20th October 2021

Coming into force

1st November 2021

The Secretary of State makes the following Rules in exercise of the powers conferred by sections 26A(1), 26B(1), 33(3) and (5) and 53 of the Firearms Act 1968(1).

Citation, commencement and extent

1.—(1) These Rules may be cited as the Firearms (Amendment) (No. 2) Rules 2021 and come into force on 1st November 2021.

(2) These Rules extend to England and Wales and Scotland.

Amendments to the Firearms Rules 1998

2.—(1) The Firearms Rules 1998(2) are amended as follows.

(2) In Schedule 1 (form of application for firearm and shotgun certificates, and firearm certificate)—

(a) for the form in Part I substitute the form in Schedule 1 to these Rules (application for the grant or renewal of a firearm and/or shotgun certificate);

(b) for the form in Part IV substitute the form in Schedule 2 to these Rules (application to vary a firearm certificate).

(3) In Schedule 5 (firearms dealers: forms of application, notification and registers), for the form in Part I (firearms dealers: application for registration or for new certificate of registration) substitute the form in Schedule 3 to these Rules (firearms dealers: application for registration or for new certificate of registration).

Transitional arrangements

3.—(1) An application for the grant or renewal of a firearm certificate or a shotgun certificate may continue to be made using the application form which is replaced by rule 2(2)(a) if it is received on or before 1st December 2021 by the chief officer of police for the area in which the applicant resides.

(2) An application to vary a firearm certificate may continue to be made using the application form which is replaced by rule 2(2)(b) if it is received on or before 1st December 2021 by the chief officer of police for the area in which the applicant resides.

(3) An application for registration or for a new certificate of registration for firearms dealers may continue to be made using the application form which is replaced by rule 2(3) if it is received on or before 1st December 2021 by the chief officer of police for the area in which the applicant resides.

Kit Malthouse

Minister of State

Home Office

20th October 2021

Rule 2(2)(a)

SCHEDULE 1 Application for the grant or renewal of a firearm and/or shotgun certificate

Rule 2(2)(b)

SCHEDULE 2 Application to vary a firearm certificate

Rule 2(3)

SCHEDULE 3 Firearms dealers: Application for registration or for new certificate of registration

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to the Firearms Rules 1998 (S.I. 1998/1941).

Rule 2(2)(a) replaces the existing application form for a grant or renewal of a firearm and/or shotgun certificate.

Rule 2(2)(b) replaces the existing application form to vary a firearm certificate.

Rule 2(3) replaces the existing application form for registration as a firearms dealer or for a new certificate of registration as a firearms dealer.

These amendments introduce a requirement for the applicant to provide required medical information regarding suitability in the relevant registration or application forms. They also ensure that information relating to the unique identifying mark as applied to the weapon’s frame or receiver and, where different, the unique identifying mark as applied to each relevant component part are recorded in the application form.

Rule 3 makes provision to enable chief officers to process applications which are made using the old forms that are to be replaced, provided that the application concerned is received on or before 1st December 2021.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1968 c. 27. Section 26A and 26B were substituted for section 26 as originally enacted by section 37 of the Firearms (Amendment) Act 1997 (c. 5) (“the 1997 Act”). Section 33(3) was amended by section 42(2) of the 1997 Act. Section 33(5) was amended by section 13(1) of the Firearms (Amendment) Act 1988 (c. 45). Section 53 was amended by section 61(3) of the Offensive Weapons Act 2019 (c. 17). There are other amendments to the Firearms Act 1968 which are not relevant to these Rules.

(2)

S.I. 1998/1941; relevant amending instruments are S.I. 2013/1945, 2017/1281 and 2019/963. There are other amendments to S.I. 1998/1941 which are not relevant to these Rules.