58 Particular savings. E+W+S
(1)Nothing in this Act shall apply to the proof houses of the Master, Wardens and Society of the Mystery of Gunmakers of the City of London and the guardians of the Birmingham proof house or the rifle range at Small Heath in Birmingham where firearms are sighted and tested, so as to interfere in any way with the operations of those two companies in proving firearms under the provisions of the M1Gun Barrel Proof Act 1868 or any other Acts for the time being in force, or to any person carrying firearms to or from any such proof house when being taken to such proof house for the purposes of proof or being removed therefrom after proof.
(2)[F1Apart from—
(a)[F2sections 19, 20 and 21] and Schedule 3, and
(b)any other provision of this Act so far as it applies in relation to an offence under [F3section 19, 20 or 21],
nothing in this Act] relating to firearms shall apply to an antique firearm which is sold, transferred, purchased, acquired or possessed as a curiosity or ornament.
[F4(2A)For the purposes of subsection (2), a firearm is an “antique firearm” if—
(a)either the conditions in subsection (2B) are met or the condition in subsection (2C) is met, and
(b)if an additional condition is specified in regulations under subsection (2D), that condition is also met.
(2B)The conditions in this subsection are that—
(a)the firearm's chamber or, if the firearm has more than one chamber, each of its chambers is either—
(i)a chamber that the firearm had when it was manufactured, or
(ii)a replacement for such a chamber that is identical to it in all material respects;
(b)the firearm's chamber or (as the case may be) each of the firearm's chambers is designed for use with a cartridge of a description specified in regulations made by statutory instrument by the Secretary of State (whether or not it is also capable of being used with other cartridges).
(2C)The condition in this subsection is that the firearm's propulsion system is of a description specified in regulations made by statutory instrument by the Secretary of State.
(2D)The Secretary of State may by regulations made by statutory instrument specify either of the following conditions for the purposes of subsection (2A)(b)—
(a)a condition that a number of years specified in the regulations has elapsed since the date on which the firearm was manufactured;
(b)a condition that the firearm was manufactured before a date specified in the regulations.
(2E)In its application to Scotland, subsection (2C) does not apply in relation to a firearm that is an air weapon.
(2F)Regulations under subsection (2B), (2C) or (2D) may make different provision for different purposes.
(2G)Subject to subsection (2H), a statutory instrument containing regulations under subsection (2B), (2C) or (2D) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2H)A statutory instrument containing regulations under subsection (2B) or (2C) which contain only provision amending regulations previously made under that subsection so as to remove a description of cartridge or a description of propulsion system from the descriptions specified in those regulations is subject to annulment in pursuance of a resolution of either House of Parliament.]
(3)The provisions of this Act relating to ammunition shall be in addition to and not in derogation of any enactment relating to the keeping and sale of explosives.
(4)The powers of arrest and entry conferred by Part III of this Act shall be without prejudice to any power of arrest or entry which may exist apart from this Act; and section 52(3) of this Act is not to be taken as prejudicing the power of a constable, when arresting a person for an offence, to seize property found in his possession or any other power of a constable to seize firearms, ammunition or other property, being a power exercisable apart from that subsection.
(5)Nothing in this Act relieves any person using or carrying a firearm from his obligation to take out a licence to kill game under the enactments requiring such a licence.
Textual Amendments
F1Words in s. 58(2) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 110(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(c)
F2Words in s. 58(2)(a) substituted (31.1.2017 for specified purposes, 22.3.2021 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 126(3)(a), 183(1)(5)(e); S.I. 2021/282, reg. 2 (with regs. 3, 4)
F3Words in s. 58(2)(b) substituted (31.1.2017 for specified purposes, 22.3.2021 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 126(3)(b), 183(1)(5)(e); S.I. 2021/282, reg. 2 (with regs. 3, 4)
F4S. 58(2A)-(2H) inserted (31.1.2017 for specified purposes, 22.3.2021 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 126(2), 183(1)(5)(e); S.I. 2021/282, reg. 2 (with regs. 3, 4)
Modifications etc. (not altering text)
C1S. 58 amended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 25(6)
C2S. 58 applied with modifications (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 50(3)(d), 66(2); S.I. 2007/858, art. 2(h)(ii)
C3S. 58 extended (1.7.1997) by 1997 c. 5, s. 50(5); S.I. 1997/1535, art. 3(b), Sch. Pt. I
Marginal Citations
M11868 c. cxiii.