SCHEDULE 2FIREARMS AND AMMUNITION IN MUSEUMS
Introductory
1.
(1)
In this Schedule—
“licence” means a museum firearms licence;
“museum” includes any institution which has as its purpose, or one of its purposes, the preservation for the public benefit of a collection of historical, artistic or scientific interest which includes or is to include firearms.
(2)
References in this Schedule to the persons responsible for the management of a museum are to the board of trustees, governing body or other person or persons (whether or not incorporated) exercising corresponding functions.
Museum firearms licences
2.
(1)
The F1Department of Justice may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.
(2)
While a licence F2granted by the Department of Justice is in force in respect of a museum the persons responsible for its management and their employees—
(a)
may, without holding a firearm certificate, have in their possession, and purchase or acquire, for the purposes of the museum firearms and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence; F3. . .
(b)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
(4)
(5)
A licence F6granted by the Department of Justice shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.
(6)
The F1Department of Justice may by order substitute for the period mentioned in sub-paragraph (5) such longer or shorter period as is specified in the order.
Variation and revocation
3.
(1)
The F7Department of Justice may by notice in writing to the persons responsible for the management of a museum—
(a)
vary the conditions specified in a licence F8granted by the Department of Justice in respect of the museum; or
(b)
vary the licence so as to extend or restrict the premises to which it applies.
(2)
(3)
The F7Department of Justice may by notice in writing to the persons responsible for the management of a museum revoke a licence F10granted by the Department of Justice in respect of the museum if—
(a)
at any time F11the Department of Justice is satisfied that the continuation of the exemption conferred by the licence would result in danger to public safety or to the peace; or
(b)
those persons or any of them or any employee of theirs has been convicted of an offence under this Schedule; or
(c)
those persons have failed to comply with a notice under this paragraph requiring them to produce the licence.
(4)
F14Secretary of State's power to grant museum firearms licences
3A.
(1)
The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.
(2)
While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.
(3)
The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.
(4)
Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.
Fees
4.
Offences and enforcement
5.
(1)
It shall be an offence for any of the persons responsible for the management of a museum to—
(a)
fail to comply; or
(b)
cause or permit another person to fail to comply,
with any condition specified in F17a licence held in respect of that museum.
(2)
A person who fails to comply with a notice under paragraph 3 F18(including as applied by paragraph 3A(4)) shall be guilty of an offence.
(3)
In proceedings against any person for an offence under sub-paragraph (1) it is a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.