The Firearms (Dangerous Air Weapons) (Scotland) Amendment Rules 1993

Statutory Instruments

1993 No. 1541 (S.199)

ARMS AND AMMUNITION

The Firearms (Dangerous Air Weapons) (Scotland) Amendment Rules 1993

Made

17th June 1993

Coming into force

1st July 1993

The Secretary of State, in exercise of the powers conferred on him by sections 1(3)(b) and 53 of the Firearms Act 1968(1) and of all other powers enabling him in that behalf, hereby makes the following Rules:—

1.—(1) These Rules may be cited as the Firearms (Dangerous Air Weapons) (Scotland) Amendment Rules 1993 and shall come into force on 1st July 1993.

(2) These Rules shall extend to Scotland only.

2.  For rule 2 of the Firearms (Dangerous Air Weapons) (Scotland) Rules 1969(2) there shall be substituted the following rule:–

“2— (1) Subject to paragraph (2) below, rule 3 of these Rules applies to an air weapon (that is to say, an air rifle, air gun or air pistol)—

(a) which is capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess, in the case of an air pistol, of 6ft.lb. or, in the case of an air weapon other than an air pistol, of 12ft.lb., or

(b) which is disguised as another object.

(2) Rule 3 of these Rules does not apply to a weapon which falls only within paragraph (1)(a) above and which is designed for use only when submerged in water.”.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

17th June 1993

Explanatory Note

(This note is not part of the Rules)

These Rules, rule 2 of which substitutes an expanded rule for rule 2 of the Firearms (Dangerous Air Weapons) (Scotland) Rules 1969 (“the 1969 Rules”), make an addition to the category of air weapons which are declared for Scotland by the 1969 Rules to be specially dangerous (those already so declared being set out in paragraph (1)(a) of the expanded rule) and which therefore require a firearm certificate by virtue of section 1 of the Firearms Act 1968. The effect of the expansion of the rule is that an air weapon which is disguised as another object is also declared to be specially dangerous. An air weapon disguised as another object does not benefit from the exception which already exists in the 1969 Rules (and which is set out in paragraph (2) of the expanded rule) in respect of a weapon designed for use only under water.

(1)

1968 c. 27, seesection 57(4) for the definition of “prescribed”.

(2)

S.I. 1969/270.