Part 5

Firearms

Prohibition of certain air weapons
39
1
The Firearms Act 1968 (c. 27) shall be amended as follows.
2
In section 1(3)(b) after “air pistol” insert “ which does not fall within section 5(1) and which is ”.
3
In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—
af
any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system;
.
4
If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)—
a
section 5(1) of that Act shall not prevent the person’s continued possession of the air rifle, air gun or air pistol,
b
section 1 of that Act shall apply, and
c
a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.
5
But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).
6
In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—
a
in subsection (4), omit the word “or” at the end of paragraph (a) and after paragraph (b) insert—
; or
c
any air rifle, air gun or air pistol which is not for the time being specified in that subsection but appears to him to be specially dangerous,
, and
b
after subsection (4) insert—
4A
An order under subsection (4)—
a
may provide for a provision of the principal Act to apply with or without modification or exception in relation to anything added to subsection (1) of section 5 by the order,
b
may impose conditions in respect of any application, modification or exception provided for by the order (which may, in particular, include provision requiring a person to obtain a certificate in accordance with an enactment referred to or applied by the order),
c
may make provision generally or by reference to a particular purpose or circumstance,
d
may confer a function on the Secretary of State or another specified person, and
e
may make transitional, consequential or incidental provision.
S. 39(1)(2)(4)-(6) in force at 20.1.2004 by S.I. 2003/3300, art. 2(c)(iii)
S. 39(3) in force at 20.1.2004 for specified purposes by S.I. 2003/3300, art. 2(c)(iii)
S. 39(3) in force at 30.4.2004 in so far as not already in force by S.I. 2003/3300, art. 5(1) (with art. 5(2))