Firearms Act 1968

SCHEDULES

Section 17.

SCHEDULE 1 E+W+S Offences to which section 17(2) applies

[F1 1 E+W+S Offences under section 1 of the M1 Criminal Damage Act 1971.]

Textual Amendments

F1 Para. 1 substituted by Criminal Damage Act 1971 (c. 48), s. 11(7)

Marginal Citations

M1 1971 c. 48.

2 E+W+S Offences under any of the following provisions of the Offences Against the M2 Person Act 1861:—

• sections 20 to 22 (inflicting bodily injury; garrotting; criminal use of stupefying drugs);

• section 30 (laying explosive to building etc. );

• section 32 (endangering railway passengers by tampering with track);

• section 38 (assault with intent to commit felony or resist arrest);

• section 47 (criminal assaults);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Words repealed by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(5)(c)

Marginal Citations

M2 1861 c. 100.

[F3 2A E+W+S Offences under Part I of the Child Abduction Act 1984 (abduction of children).]

Textual Amendments

F3 Sch. 1 para. 2A inserted by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(2)

[F4 3 E+W+S Offences under such of the provisions of section 4 of the Vagrancy Act 1824 as are referred to in and amended by section 15 of the Prevention of Crimes Act 1871 and section 7 of the Penal Servitude Act 1891 (suspected persons and reputed thieves being abroad with criminal intent).]

Textual Amendments

F4 Sch. 1 para. 3 repealed (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 10, Sch. Pt. II

F5 4 E+W+S Theft, [F6 robbery] burglary, blackmail and any offence under section 12(1) (taking of motor vehicle or other conveyance without owner’s consent) of the M3 Theft Act 1968.

Textual Amendments

F5 Para. 4 substituted by Theft Act 1968 (c.60) Sch. 2 Pt. III

F6 Word in Sch. 1 para. 4 inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Marginal Citations

M3 1968 c. 60.

5 E+W+S Offences under [F7 section 89(1) of the Police Act 1996] or section 41 of the M4 Police (Scotland) Act 1967 (assaulting constable in execution of his duty).

Textual Amendments

F7 Words in Sch. 1 para. 5 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 16

Marginal Citations

M4 1967 c. 77.

[F8 5A E+W+S An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).]

Textual Amendments

F8 Sch. 1 paras. 5A, 5B inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

[F9 5B E+W+S An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).]

Textual Amendments

F9 Sch. 1 paras. 5A, 5B inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 8(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Prospective

[F10 5C E+W+S An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

Textual Amendments

F10 Sch. 1 para. 5C inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 34, 35

[F11 6 E+W+S Offences under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d) section 5 (rape of a child under 13);

(e) section 6 (assault of a child under 13 by penetration);

(f) section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(g) section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(h) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.]

Textual Amendments

F11 Sch. 1 para. 6 substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 139, Sch. 6 para. 16; S.I. 2004/874, art. 2

7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Para. 7 repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. III

8 E+W+S Aiding or abetting the commission of any offence specified in [F13 paragraphs 1 to 6] of this Schedule.

Textual Amendments

F13 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. III

9 E+W+S Attempting to commit any offence so specified, . . . F14

Textual Amendments

F14 Words repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

Sections 17, 18.

SCHEDULE 2 E+W+S Offences to which sections 17(2) and 18 apply in Scotland

Common Law Offences E+W+S

1 E+W+S Abduction.

2 E+W+S Administration of drugs with intent to enable or assist the commission of a crime.

3 E+W+S Assault.

4 E+W+S Housebreaking with intent to steal.

5 E+W+S Malicious mischief.

6 E+W+S Mobbing and rioting.

7 E+W+S Perverting the course of justice.

8 E+W+S Prison breaking and breaking into prison to rescue prisoners.

9 E+W+S Rape.

10 E+W+S Robbery.

11 E+W+S Theft.

12 E+W+S Use of threats with intent to extort money or property.

13 E+W+S Wilful fireraising and culpable and reckless fireraising.

Statutory Offences E+W+S

[F15 13A E+W+S Offences against section 57 of the Civil Government (Scotland) Act 1982]

Textual Amendments

F15 Sch. 2 para. 13A substituted (S.) for paras. 14 and 15 by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(2), Sch. 3 para. 2

Prospective

[F16 13B E+W+S An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).]

Textual Amendments

F16 Sch. 2 para. 13B inserted (prosp.) by 1999 c. 33, ss. 169(1), 170(4), Sch. 14 paras. 34, 36

[F17 14 E+W+S Offences against such of the provisions of section 4 of the M5 Vagrancy Act 1824 as are extended to Scotland by section 15 of the M6 Prevention of Crimes Act 1871.]

Textual Amendments

F17 Sch. 2 para. 13A substituted (S.) for paras. 14 and 15 by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137(2), Sch. 3 para. 2

Marginal Citations

M5 1824 c. 83.

M6 1871 c. 112.

15 E+W+S Offences against the third and fourth paragraphs of section 7 of the M7 Prevention of Crimes Act 1871.

Marginal Citations

M7 1871 c. 112.

16 E+W+S Offences against sections 2, 3 or 4 of the M8 Explosive Substances Act 1883.

Marginal Citations

M8 1883 c. 3.

[F18 17 E+W+S Offences against section 175 of the M9 Road Traffic Act 1972.]

Textual Amendments

F18 Para. 17 substituted by Road Traffic Act 1972 (c. 20), Sch. 7

Marginal Citations

M9 1972 c. 20.

18 E+W+S Offences against section 41 of the M10 Police (Scotland) Act 1967.

Marginal Citations

M10 1967 c. 77.

Attempts E+W+S

19 E+W+S Attempt to commit any of the offences mentioned in this Schedule.

Section 21.

SCHEDULE 3 E+W+S Jurisdiction and Procedure on application under section 21(6)

Part I E+W+S Application to [F19 the Crown Court] (England and Wales)

Textual Amendments

F19 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 3 Pt. I para. 1 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

2 E+W+S Notice of the application, signed by the applicant or by his agent on his behalf and stating the general grounds of the application, shall be given by him to the [F21 appropriate officer of the Crown Court] and also to the chief officer of police for the area in which the applicant resides.

Textual Amendments

F21 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

3 E+W+S On receiving notice of the application the [F22 appropriate officer of the Crown Court] shall enter the application and give notice to the applicant, and to the chief officer of police to whom the notice of the application is required by paragraph 2 of this Schedule to be given, of the date, time and place fixed for the hearing; but the date shall not be less than twenty-one clear days after the date when the [F22 appropriate officer of the Crown Court] received the notice of the application.

Textual Amendments

F22 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

4 E+W+S The applicant may at any time, not less than two clear days before the date fixed for the hearing, abandon his application by giving notice in writing to the [F23 appropriate officer of the Crown Court] and to the chief officer of police; and if he does so the [F24 Crown Court] (hereafter in this Schedule referred to as “the court”) may order the applicant to pay to the chief officer of police such costs as appear to it to be just and reasonable in respect of expenses properly incurred by him in connection with the application before notice of abandonment was given to him.

Textual Amendments

F23 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F24 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II

5 E+W+S The chief officer of police may appear and be heard on the hearing of the application.

6 E+W+S The court may from time to time adjourn the hearing of the application.

7 E+W+S On the determination of the application, the court may make such order as to payment of costs as it thinks fit, and may fix a sum to be paid by way of costs in lieu of directing a taxation thereof, and any costs ordered to be paid by the court may be recovered summarily as a civil debt and shall not be recoverable in any other manner:

Provided that the chief officer of police shall not under this paragraph be ordered to pay the costs of the applicant.

Part II E+W+S Application to Sheriff (Scotland)

8 E+W+S The application shall be made to the sheriff within whose jurisdiction the applicant resides.

9 E+W+S Not less than twenty-one days’ notice of the application shall be given to the chief officer of police for the area in which the applicant resides.

Section 40.

SCHEDULE 4 E+W+S Particulars to be Entered by Firearms Dealer in Register of Transactions

X1 1 The quantities and description of firearms and ammunition manufactured and the dates thereof.

Editorial Information

X1 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X2 2 The quantities and description of firearms and ammunition purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.

Editorial Information

X2 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X3 3 The quantities and description of firearms and ammunition accepted for sale, repair, test, proof, cleaning, storage, destruction or other purpose, with the names and addresses of the transferors and the dates of the several transactions.

Editorial Information

X3 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

X4 [F25 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.]

Editorial Information

X4 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F25 Sch. 4 para. 4 substituted by S.I. 1998/1941, rule 10(5)

X5 5 The quantities and description of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register.

Editorial Information

X5 The insertion of the new Pt. 2 in Sch. 4 on 1.10.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

[F26 PART 1 U.K. PARTICULARS RELATING TO FIREARMS (OTHER THAN AIR WEAPONS) AND AMMUNITION]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 4: Pt. 1 heading inserted (1.10.2007) by The Firearms (Amendment) Rules 2007 (S.I. 2007/2605), rule 2(2)

Valid from 01/10/2007

[F27 PART 2 E+W+S PARTICULARS RELATING TO AIR WEAPONS

Textual Amendments

F27 Sch. 4 Pt. 2 inserted (1.10.2007) by The Firearms (Amendment) Rules 2007 (S.I. 2007/2605), rule 2(3)

Note: in this Part “air weapon” includes any component of, or accessory to, an air weapon. E+W+S

1 E+W+S The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.

2 E+W+S The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.

3 E+W+S The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register]

Section 44.

SCHEDULE 5 E+W+S Provisions as to Appeals under s. 44 of this Act

Part I E+W+S Courts with Jurisdiction to entertain Appeal

Nature of appeal	. . . F28	Sheriff’s jurisdiction
1. Appeal under section [F29 28A(6), 29(2), 30A(6), 30B(3) or 30C(2)] (against refusal to grant or renew, or to vary, or against revocation of, a certificate).		The sheriff within whose jurisdiction the appellant resides.
2. Appeal under section 34(5) by a person aggrieved by the refusal of a chief officer of police to register him as a firearms dealer.		The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has applied to be registered.
3. Appeal under section 34(5) or 37(3) by a person aggrieved by the refusal of a chief officer of police to enter a place of business of his in the register.		The sheriff within whose jurisdiction there is situated the place of business to which the appeal relates.
4. Appeal under section 36(3) (against imposition or variation of condition, of registration, or refusal to vary or revoke such a condition).		The sheriff within whose jurisdiction is situated the appellant’s place of business in respect of which the condition is in force.
5. Appeal under section 38(7) by a person aggrieved by the removal of his name from the register.		The sheriff within whose jurisdiction there is situated any place of business in respect of which the appellant has been registered.
6. Appeal under section 38(7) by a person aggrieved by the removal from the register of a place of business of his.		The sheriff within whose jurisdiction is situated the place of business to which the appeal rela tes.

Textual Amendments

F28 Column repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F29 Words in Sch. 5 Pt. I para. 1 substituted (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 12; S.I. 1997/1535, art. 3(b), Sch. Pt. I

Modifications etc. (not altering text)

C1 Sch. 5 Pt. I para. 1 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s.12(5)

Part II E+W+S Procedural provisions for appeal to [F30 the Crown Court]

Textual Amendments

F30 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

1 E+W+S Notice of an appeal, signed by the appellant or by his agent on his behalf and stating the general grounds of the appeal, shall be given by him to the [F31 appropriate officer of the Crown Court] and also to the chief officer of police by whose decision the appellant is aggrieved.

Textual Amendments

F31 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

C2 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

2 E+W+S A notice of appeal shall be given within twenty-one days after the date on which the appellant has received notice of the decision of the chief officer of police by which he is aggrieved.

Modifications etc. (not altering text)

C3 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

3 E+W+S On receiving notice of an appeal the [F32 appropriate officer of the Crown Court] shall enter the appeal and give notice to the appellant and to the chief officer of police to whom the notice of the appeal is required by paragraph 1 of this Part of this Schedule to be given, of the date, time and place fixed for the hearing.

Textual Amendments

F32 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

Modifications etc. (not altering text)

C4 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

4 E+W+S An appellant may at any time, not less than two clear days before the date fixed for the hearing, abandon his appeal by giving notice in writing to the [F33 appropriate officer of the Crown Court] and to the chief officer of police; . . . F34

Textual Amendments

F33 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F34 Words repealed by S.I. 1971/1292, Sch. 3

Modifications etc. (not altering text)

C5 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

5 E+W+S The chief officer of police may appear and be heard on the hearing of an appeal.

Modifications etc. (not altering text)

C6 Sch. 5 Pt. II paras. 1–5 extended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 12(5)

6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F35 Sch. 5 Pt. II paras. 6, 8 repealed by S.I. 1971/1292, Sch. 3

7 E+W+S On the hearing of an appeal the court may either dismiss the appeal or give the chief officer of police such directions as it thinks fit as respects the certificate or register which is the subject of the appeal.

8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F36 Sch. 5 Pt. II paras. 6, 8 repealed by S.I. 1971/1292, Sch. 3

[F37 Part III E+W+S Appeals in Scotland

Textual Amendments

F37 Sch. 5 Pt. III inserted (1.7.1997) by 1997 c. 5, s. 41(2); S.I. 1997/1535, art. 3(b), Sch. Pt. I

1 E+W+S An appeal to the sheriff shall be by way of summary application.

2 E+W+S An application shall be made within 21 days after the date on which the appellant has received notice of the decision of the chief officer of police in respect of which the appeal is made.

3 E+W+S On the hearing of the appeal the sheriff may either dismiss the appeal or give the chief officer of police such directions as he thinks fit as respects the certificate or register which is the subject of the appeal.

4 E+W+S The decision of the sheriff on an appeal may be appealed only on a point of law.]

Section 51.

SCHEDULE 6 E+W+S Prosecution and Punishment of Offences

Part I E+W+S Table of Punishments

Modifications etc. (not altering text)

C7 Sch. 6 Pt. I modified (1.11.1968) by S.I. 1968/1200, art. 3

Section of this Act creating offence	General nature of offence	Mode of prosecution	Punishment	Additional provisions
Section 1(1) ...	Possessing etc. firearm or ammunition without firearm certificate.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	(i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, [F39 7 years], or a fine; or both,
			(ii) in any other case, [F40 5 years]or a fine; or both.	Paragraph 1 of Part II of this Schedule applies.
Section 1(2) ...	Non-compliance with condition of firearm certificate.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.	Paragraph 1 of Part II of this Schedule applies.
Section 2(1) ...	Possessing, etc., shot gun without shot gun certificate.	[F42 (a) Summary.]	[F42 6 months or the statutory maximum or both.]	Paragraph 1 of Part II of this Schedule applies.
		[F42 (b) On indictment.]	[F42 [F43 5 years] or a fine; or both.]
Section 2(2) ...	Non-compliance with condition of shot gun certificate.	Summary...	6 months or a fine of [F41 level 5 on the standard scale]; or both.	Paragraph 1 of Part II of this Schedule applies.
Section 3(1) ...	Trading in firearms without being registered as firearms dealer.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F44 5 years] or a fine; or both.
Section 3(2) ...	Selling firearm to person without a certificate.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F45 5 years] or a fine; or both.
Section 3(3) ...	Repairing, testing etc. firearm for person without a certificate.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F46 5 years] or a fine; or both.
Section 3(5) ...	Falsifying certificate, etc., with view to acquisition of firearm.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F47 5 years] or [F48 a fine]; or both.
Section 3(6) ...	Pawnbroker taking firearm in pawn.	Summary ... ...	3 months or a fine of [F41 level 3 on the standard scale]; or both.
Section 4(1)(3)	Shortening a shot gun; conversion of firearms.	(a) Summary...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F49 7 years] or a fine; or both.
[F50 Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)	Possessing or distributing prohibited weapons or ammunition.	On indictment	10 years or a fine, or both.
Section 5(1)(b)	Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc.	(a) Summary (b) On indictment	6 months or a fine of the statutory maximum, or both. 10 years or a fine or both.
Section 5(1A)(a)	Possessing or distributing firearm disguised as other object.	On indictment	10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)	Possessing or distributing other prohibited weapons.	(a) Summary (b) On indictment	6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both.]
Section 5(5) ...	Non-compliance with condition ofDefence Council authority.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 5(6) ...	Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition.	Summary ... ...	A fine of [F41 level 3 on the standard scale].
Section 6(3) ...	Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms.	Summary ... ...	3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F41 level 3 on the standard scale]; or both.	Paragraph 2 of Part II of this Schedule applies.
Section 7(2) ...	Making false statement in order to obtain police permit.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 9(3) ...	Making false statement in order to obtain permit for auction of firearms, etc.	[F51 Summary]	[F51 6 months or a fine not exceeding level 5 on the standard scale; o r both.]
Section 13(2) ...	Making false statement in order to obtain permit for removal of signalling apparatus.	Summary. ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 16 ...	Possession of firearm with intent to endanger life or injure property.	On indictment ...	[F52 life imprisonment] or a fine; or . . . F53 b oth.
[F54 Section 16A]	[F54 Possession of firearm with intent to cause fear of violence.]	[F54 On indictment]	[F54 10 years or a fine; or both.]
F54 Section 17(1) ...	Use of firearms to resist arrest.	On indictment ...	[F52 life imprisonment] or a fine; or, . . . F53 both.	Paragraphs 3 to 5 of Part II of this Schedule apply.
Section 17(2) ...	Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2.	On indictment ...	[F55 Life imprisonment] or a fine; or . . . F53 both.	Paragraphs 3 and 6 of Part II of this Schedule apply.
Section 18(1) ...	Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest.	On indictment ...	[F55 Life imprisonment] or a fine; or, . . . F53 b oth.
Section 19 ...	Carrying [F56 firearm or imitation firearm] in public place.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment (but not [F57 in the case of an imitation firearm or] if the firearm is an air weapon).	[F58 7 years.]or a fine; or both.
Section 20(1) ...	Trespassing with firearm [F59 or imitation firearm] in a building.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment (but not [F59 in the case of an imitation firearm or] if the firearm is an air weapon).	[F60 7 years]or a fine; or both.
Section 20(2) ...	Trespassing with firearm [F61 or imitation firearm] on land.	Summary ... ...	3 months or a fine of [F41 level 4 on the standard scale]; or both.
Section 21(4) ...	Contravention of provisions denying firearms to ex-prisoners and the like.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F62 5 years] or a fine; or both.
Section 21(5) ...	Supplying firearms to person denied them under section 21.	(a) Summary ...	6 months or a fine of [F38 £400]; or both.
		(b) On indictment	[F63 5 years] or a fine; or both.
Section 22(1) ...	Person under 17 acquiring firearm.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
F64 Section 22(1A)..	Person under 18 using certificated firearm for unauthorised purpose.	Summary...	3 months or a fine of level 5 on the standard scale; or both.
Section 22(2) ...	Person under 14 having firearm in his possession without lawful authority.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 22(3) ...	Person under 15 having with him a shot gun without adult supervision.	Summary ... ...	A fine of [F41 level 3 on the standard scale]	Paragraph 8 of Part II of this Schedule applies.
Section 22(4) ...	Person under [F65 17] having with him an air weapon or ammunition therefor.	Summary ... ...	A fine of [F41 level 3 on the standard s cale]	Paragraphs 7 and 8 of Part II of this Schedule apply.
F66 . . .	F66 . . .	F66 . . .	F66 . . .	F66 . . .
Section 23(1) ...	Person under [F67 17] making improper use of air weapon when under supervision; person supervising him permitting such use.	Summary ... ...	A fine of [F41 level 3 on the standard s cale]	Paragraphs 7 and 8 of Part II of this Schedule apply.
[F68 Section 23(4)	Person under 17 making improper use of air weapon on private premises.	Summary	A fine of level 3 on the standard scale.	Paragraphs 7 and 8 of Part II of this Schedule apply.]
Section 24(1) ...	Selling or letting on hire a firearm to person under 17.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 24(2) ...	Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 24(3) ...	Making gift of shot gun to person under 15.	Summary ... ...	A fine of [F41 level 3 on the standard scale]	Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...	Supplying air weapon to person under [F69 17] .	Summary ... ...	A fine of [F41 level 3 on the standard scale]	Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 25 ...	Supplying firearm to person drunk or insane.	Summary ... ...	3 months or a fine of [F41 level 3 on the standard scale]; or both.
[F70 Section 28A(7)] ...	Making false statement in order to procure grant or renewal of a firearm or shot gun certificate.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 29(3) ...	Making false statement in order to procure variation of a firearm certificate.	Summary ... ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
[F71 Section 30D(3)]...	Failing to surrender certificate on revocation.	Summary ... ...	A fine of [F41 level 3 on the standard s cale].
[F72 Section 32B(5)..	Failure to surrender expired European firearms pass	Summary...	A fine of level 3 on the standard scale.
F73 Section 32C(6)..	Failure to produce European firearms pass or Article 7 authority for variation or cancellation etc.; failure to notify loss or theft of firearm identified in pass or to produce pass for endorsement.	Summary	3 months or a fine of level 5 on the standard scale; or both]
Section 38(8) ...	Failure to surrender certificate of registration [F74 or register of transactions] on removal of firearms dealer’s name from from register.	Summary ... ...	A fine of [F41 level 3 on the standard s cale].
Section 39(1) ...	Making false statement in order to secure registration or entry in register of a place of business.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 39(2) ...	Registered firearms dealer having place of business not entered in the register.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 39(3) ...	Non-compliance with condition of registration.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
Section 40(5) ...	Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register.	Summary ...	6 months or a fine of [F41 level 5 on the standard scale]; or both.
F75 . . .	F75 . . .	F75 . . .	F75 . . .
		F75 . . .	F75 . . .
[F76 Section 42A...	Failure to report transaction authorised by visitor’s shot gun permit.	Summary...	3 months or a fine of level 5 on the standard scale; or both.]
[F77 Section 46.]	[F77 Obstructing constable or civilian officer in exercise of search powers.]	[F77 Summary.]	[F77 6 months or a fine of level 5 on the standard scale; or both.]
F77 Section 47(2) ...	Failure to hand over firearm or ammunition on demand by constable.	Summary ...	3 months or a fine of [F41 level 4 on the standard scale]; or both.
Section 48(3) ...	Failure to comply with requirement of a constable that a person shall declare his name and address.	Summary ... ...	A fine of [F41 level 3 on the standard scale].
[F78 Section 48(4)..	Failure to produce firearms pass issued in another member State.	Summary...	A fine of level 3 on the standard scale.]
Section 49(3) ...	Failure to give constable facilities for examination of firearms in transit, or to produce papers.	Summary ... ...	3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F41 level 3 on the standard scale]; or both.	Paragraph 2 of Part II of this Schedule applies.
Section 52(2)(c)	Failure to surrender firearm or shot gun certificate cancelled by court on conviction.	A fine of [F41 level 3 on the standard scale].

Textual Amendments

F38 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(5), 66(7)(a)

F39 Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F40 Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F41 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F42 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(2)(4), 123(6), Sch. 8 para. 16

F43 Sch. 6 Pt. I: words in column 4 of entry relating to s. 2(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F44 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F45 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(2) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F46 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F47 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F48 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(4), 66(7)(a)

F49 Sch. 6 Pt. I: words in column 4 of entry relating to s. 4(1)(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F50 Sch. 6 Pt. 1: entries relating to s. 5(1)(1A) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 288, 336; S.I. 2004/81, art. 3(2)(b)

F51 Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(7)

F52 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(2), 66(7)(a)

F53 Words repealed by Criminal Justice Act 1972 (c. 71), ss. 28(6), 66(7)(a), Sch. 6 Pt. II

F54 Sch. 6 Pt. I: entry relating to s. 16A inserted (21.9.1994) by 1994 c. 31, ss. 1(2), 4(2) (with s. 4(3))

F55 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(3)(4), 123(6), Sch. 8 para. 16

F56 Sch. 6 Pt. I: words in column 2 of entry relating to s. 19 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 37(2)(a), 93; S.I. 2003/3300, art. 2(c)(i)

F57 Sch. 6 Pt. I: word in the third column of the entry relating to s. 19 inserted (20.1.2004) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 37(2)(b), 93; S.I. 2003/3300, art. 2(c)(i)

F58 Sch. 6 Pt. I: words in column 3 of entry relating to s. 19 substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), ss. 157(3)(9), 172(2), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F59 Sch. 6 Pt. I: words in entry relating to s. 20(1) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(a), 4(2) (with s. 4(3))

F60 Sch. 6 Pt. I: words in column 4 of entry relating to s. 20(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F61 Sch. 6 Pt. I: words in entry relating to s. 20(2) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(b), 4(2) (with s. 4(3))

F62 Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(4) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F63 Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F64 Sch. 6 Pt. I: the entry relating to s. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(4).

F65 Sch. 6 Pt. I: entry relating to s. 22(4) substituted (20.1.2004) by Anti-social Behaviour Act (2003 c. 38), {ss.38(5)(a)}, 93; S.I. 2003/3300, art. 2(c)(ii)

F66 Sch. 6 Pt. I: entry relating to s. 22(5) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(b), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(c)(ii)(g)(ii)(a)

F67 Sch. 6 Pt. I: entry relating to s. 23(1) substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(c), 93; S.I. 2003/3300, art. 2(c)(ii)

F68 Sch. 6 Pt. I: entry relating to s. 23(4) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(d), 93; S.I. 2003/3300, art. 2(c)(ii)

F69 Sch. 6 Pt. I: entry relating to s. 24(4) substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(e), 93; S.I. 2003/3300, art. 2(c)(ii)

F70 Sch. 6 Pt. I: words "Section 28A(7)" substituted for the words "Section 26(5)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 4(2); S.I. 1997/1535, art. 3(b), Sch. Pt. I

F71 Sch. 6 Pt. I: words "Section 30D(3)" substituted for words "Section 30(4)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 14; S.I. 1997/1535, art. 3(b), Sch. Pt. I

F72 Sch. 6 Pt. I: the entry relating to s. 32B(5) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).

F73 Sch. 6 Pt. I: the entry relating to s. 32C(6) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).

F74 Words inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 14(1)

F75 Sch. 6 Pt. I: entry relating to s. 42 repealed (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II

F76 Sch. 6 Pt. I: the entry relating to s. 42A inserted (1.1.1993) by S.I. 1992/2823, reg. 6(3).

F77 Sch. 6 Pt. I: entry relating to s. 46 inserted (1.7.1997) by 1997 c. 5, s. 43(3); S.I. 1997/1535, art. 3(b), Sch. Pt. I

F78 Sch. 6 Pt. I: the entry relating to s. 48(4) inserted (1.1.1993) by S.I. 1992/2823, reg. 7(5).

Part II E+W+S Supplementary Provisions as to Trial and Punishment of offences

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Textual Amendments

F79 Sch. 6 Pt. II para. 1 repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 83(3), Sch. 8

2 E+W+S In the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.

[F80 3 (1) Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in [F81 Schedule 1 to the Magistrates’ Courts Act 1980] (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply. E+W+S

(2) Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and [F82 sections 18 to 23 of the said Act of 1980] (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.

(3) If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—

(a) if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with [F83 the said sections 18 to 23]; but

(b) if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with [F83 section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]

Textual Amendments

F80 Para. 3 substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F81 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(a)

F82 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(b>)

F83 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(c)

Modifications etc. (not altering text)

C8 Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)

4 E+W+S Where a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.

5 E+W+S If on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.

6 E+W+S The punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).

7 The court by which a person is convicted of an offence under section [F84 22(4), 23(1) or (4)] or 24(4) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was committed.

Textual Amendments

F84 Words in Sch. 6 Pt. 2 para. 7 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(6)(a), 93; S.I. 2003/3300, art. 2(c)(ii)

8 The court by which a person is convicted of an offence under section [F85 22(3) or (4), 23(1) or (4)] or 24(4) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.

Textual Amendments

F85 Words in Sch. 6 Pt. 2 para. 8 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(6)(b), 93; S.I. 2003/3300, art. 2(c)(ii)

9 E+W+S The court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.

Section 59.

SCHEDULE 7. E+W+S Repeals

Modifications etc. (not altering text)

C9 The text of s. 59(1) and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
1 Edw. 8&1 Geo. 6. c. 12.	The Firearms Act 1937.	The whole Act.
11&12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	In Schedule 9, the entry relating to the Firearms Act 1937.
12, 13&14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In Schedule 11, the entry relating to the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 55.	The Magistrate Courts Act 1952.	In Schedule 5, the entry relating to section 23(4) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 52.	The Prison Act 1952.	In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
15&16 Geo. 6&1 Eliz. 2. c. 61.	The Prison (Scotland) Act 1952.	In Schedule 3, the entry relating to section 21(2) of the Firearms Act 1937.
4&5 Eliz. 2. c. 69.	The Sexual Offences Act 1956.	In Schedule 3, the entry relating to the Firearms Act 1937.
10&11 Eliz. 2. c. 49.	The Air Guns and Shot Guns, etc. Act 1962.	The whole Act.
1964 c. 48	The Police Act 1964.	In Schedule 9, the entry relating to the Firearms Act 1937.
1965 c. 44.	The Firearms Act 1965.	The whole Act.
1966 c. 42.	The Local Government Act 1966.	In Part II of Schedule 3, the entry (numbered 19) relating to the Firearms Act 1937.
1966 c. 51.	The Local Government (Scotland) Act 1966.	In Part II of Schedule 4, the entry (numbered 17) relating to the Firearms Act 1937.
1967 c. 77.	The Police (Scotland) Act 1967.	In Schedule 4, the entry relating to the Firearms Act 1937.
1967 c. 80.	The Criminal Justice Act 1967.	Part V (that is to say, sections 85 to 88).