The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016

Transitional provision: the requirement for an air weapon certificate

4.—(1) Despite article 3(a), it is not an offence under section 2(1) of the Act for a person on or after 31st December 2016 to possess (but not to use, purchase or acquire) an air weapon without holding an air weapon certificate if—

(a) the person has, before 1st November 2016, made an application for the grant of an air weapon certificate under section 3 of the Act or (as the case may be) a police permit under section 12 of the Act; and

(b) the application has, through no failure on the person’s part, not yet been finally determined.

(2) For the purpose of paragraph (1)(b), an application is finally determined when—

(a) it is granted;

(b) it is withdrawn; or

(c) it is refused and either—

(i) the time limit for appeal against refusal expires without an appeal having been made; or

(ii) an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.