The Firearms (Amendment) (No. 2) Rules 2013

Statutory Instruments

2013 No. 2970

Arms And Ammunition

The Firearms (Amendment) (No. 2) Rules 2013

Made

19th November 2013

Coming into force

1st December 2013

The Secretary of State, in exercise of the powers conferred by sections 9(2), 27(2), 28(2) and 53 of the Firearms Act 1968(1), makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Firearms (Amendment) (No. 2) Rules 2013 and shall come into force on 1st December 2013.

Amendment to the Firearms Rules 1998

2.  The Firearms Rules 1998(2) are amended as follows.

3.  In rule 3 (firearm certificates), for paragraph (4)(ii) substitute—

“(ii) the holder of the certificate must inform the chief officer of police by whom the certificate was granted within seven days of—

(a) the theft, loss, or destruction in Great Britain of the certificate;

(b) the theft, loss, deactivation or destruction in Great Britain of any firearm to which the certificate relates;

(c) the theft or loss in Great Britain of any ammunition to which the certificate relates.”

4.  In rule 4 (referees: firearm certificates), omit paragraph (2).

5.  In rule 5 (shotgun certificates), for paragraph (4)(ii) substitute—

“(ii) the holder of the certificate must inform the chief officer of police by whom the certificate was granted within seven days of—

(a) the theft, loss or destruction in Great Britain of the certificate;

(b) the theft, loss, deactivation or destruction in Great Britain of any shotgun to which the certificate relates.”

6.  In rule 6(2) (verification of applications: shotgun certificates), for sub-paragraph (c), substitute “(c) be of good character.”

7.  In rule 9 (other permits), for paragraph (2), substitute—

“(2) A permit issued under section 9(2) of the principal Act (permit for auctioneers) shall be in the form set out in Part III of Schedule 4.”

8.  In Schedule 1 (firearm certificates: forms of application and certificate)(3)—

(a) for the certificate in Part II (firearm certificate), substitute the certificate in Schedule 1 to these Rules (firearm certificate);

(b) omit Part III (reference form).

9.  In Schedule 2 (shotgun certificates; form of application and certificate) (4), for the certificate in Part II (shotgun certificate), substitute the certificate in Schedule 2 to these Rules (shotgun certificate).

10.  In Schedule 4 (other permits: forms of permit)—

(a) for the permit in Part III (auctioneer’s firearm permit), substitute the permit in Schedule 3 to these Rules (auctioneer’s permit);

(b) omit Part IV (auctioneer’s shot gun permit).

Norman Baker

Minister of State

Home Office

19th November 2013

Rule 8(a)

SCHEDULE 1 Firearm Certificate

Rule 9

SCHEDULE 2 Shotgun Certificate

Rule 10(a)

SCHEDULE 3 Auctioneer’s Permit

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules replace the existing prescribed firearm certificate and shotgun certificate with new certificates. These new certificates are designed to accompany the new single application form which applies for the purposes of applications for firearm and shotgun certificates.

Rules 3 and 5 make minor changes to the conditions attached to a firearm certificate and a shotgun certificate. These changes relate to the certificate holder’s obligation to inform the chief officer of police of developments in connection with the certificate, the firearm, the shotgun or the ammunition.

Rule 4 omits the prescribed reference form that is used by referees in relation to an application for a firearm certificate. This is no longer required in light of the content of the new single application form, which contains provision for the input of referees.

Rule 6 amends the requirements for referees in relation to applications for shotgun certificates. The effect of the change is that the referee is not required to fall within a particular category of professional; rather they are simply required to be a person of good character. This change reflects the existing requirement for referees in respect of applications for firearms certificates.

Rule 7 of these Rules amends rule 9 of the Firearms Rules 1998, with the effect that from now on there will be only one prescribed auctioneer’s permit, rather than two separate prescribed permits: one for firearms and ammunition and the other for shotguns.

Rule 8 substitutes the new firearm certificate, which appears at Schedule 1 to these Rules, for the formerly applicable prescribed certificate.

Rule 9 substitutes the new shotgun certificate, which appears at Schedule 2 to these Rules, for the formerly applicable prescribed certificate.

Rule 10 substitutes the new auctioneer’s permit, which appears at Schedule 3 to these Rules, for the formerly applicable prescribed auctioneer’s firearm permit, and omits the old auctioneer’s shotgun permit.

(1)

1968 c.27. Section 27(2) was amended by section 23(5) of the Firearms (Amendment) Act 1988 (c.45). There are other amendments to the 1968 Act which are not relevant to these Regulations.

(2)

S.I. 1998/1941; rules 3,4, 5 and 6, and Schedules 1 and 2, are amended by S.I. 2013/1945, which comes into force on 1st December 2013. Rule 6(2)(c) of the Firearms Rules 1998 was amended by S.I.1999/1820.

(3)

The heading for Schedule 1 is prospectively amended by S.I. 2013/1945.

(4)

The heading for Schedule 2 is prospectively amended by S.I. 2013/1945.