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The Firearms (Amendment) Rules 2017

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Statutory Instruments

2017 No. 1281

Arms And Ammunition

The Firearms (Amendment) Rules 2017

Made

13th December 2017

Coming into force

31st December 2017

The Secretary of State, in exercise of the powers conferred by sections 26A(1), 26B(1) 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) Rules 2017 and come into force on 31st December 2017.

Amendments to the Firearms Rules 1998

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

Amendments to rule 3 of the Firearms Rules 1998

3.  In rule 3 (firearm certificates)—

(a)in paragraph (3)(b), for “four photographs” substitute “a photograph”;

(b)after paragraph (7), insert—

(8) The requirements in paragraphs (1) and (7) above are satisfied if the information required by the relevant form is transmitted electronically to the chief officer of police for the area in which the applicant resides.

(9) An application transmitted electronically in accordance with paragraph (8) above must be in accordance with the process for the electronic submission of applications approved by the chief officer of police for that area.

(10) A chief officer of police may only approve a process for the electronic transmission of applications that has been approved by the Secretary of State..

Amendment to rule 4 of the Firearms Rules 1998

4.  In rule 4(3) (referees: firearm certificates), after the words “police employee” insert “, a police and crime commissioner or a member of their staff, a member of the Scottish Police Authority or a member of staff of the Scottish Police Authority,”.

Amendments to rule 5 of the Firearms Rules 1998

5.  In rule 5 (shot gun certificates)—

(a)in paragraph (1), for the words “Schedule 2” substitute “Schedule 1”;

(b)after paragraph (1) insert—

(1A) The requirement in paragraph (1) above is satisfied if the information required by the relevant form is transmitted electronically to the chief officer of police for the area in which the applicant resides.

(1B) An application transmitted electronically in accordance with paragraph (1A) above must be in accordance with the process for the electronic submission of applications approved by the chief officer of police for that area.

(1C) A chief officer of police may only approve a process for the electronic transmission of applications that has been approved by the Secretary of State.;

(c)in paragraph (3)(b), for the words “four photographs” substitute “a photograph”.

Amendment to rule 6 of the Firearms Rules 1998

6.  In rule 6(2) (referee: shotgun certificate), after the word “family,” insert “a serving police officer or police employee or a registered firearms dealer, a police and crime commissioner or a member of their staff, a member of the Scottish Police Authority or a member of staff of the Scottish Police Authority,”.

Amendment to rule 7 of the Firearms Rules 1998

7.  For rule 7 (photographs to accompany application) substitute—

7    Photograph to accompany application

(1) The photograph referred to in rules 3(3)(b) and 5(3)(b) above must show the current true likeness of the applicant and either:

(a)measure 45mm by 35mm, or

(b)be transmitted by electronic means in the form approved by the chief officer of police for the area in which the applicant resides.

(2) Where an applicant applies for a firearm certificate and a shotgun certificate simultaneously, the applicant need only submit one photograph..

Amendments to Schedule 1 to the Firearms Rules 1998

8.  In Schedule 1 (form of application for firearm and shotgun certificates, and firearm certificate)—

(a)for the form in Part 1 (application for the grant or renewal of a firearm or shotgun certificate), substitute the form in Schedule 1 to these Rules (application for the grant or renewal of a firearm or shotgun certificate);

(b)for the form in Part 4 (application to vary a firearm certificate), substitute the form in Schedule 2 to these Rules (application to vary a firearm certificate).

Transitional arrangements

9.—(1) An application for a firearm certificate or a shotgun certificate may continue to be made using an application form which is replaced by virtue of rule 8(a) if it is received by the chief officer of police for the area in which the applicant resides on or before 28th February 2018.

(2) An application to vary a firearm certificate may continue to be made using an application form which is replaced by virtue of rule 8(b) if it is received by the chief officer of police for the area in which the applicant resides on or before 28th February 2018.

(3) The changes made by rules 4 and 6 of these Rules have no effect in relation to an application for a firearm certificate or a shotgun certificate that is received by a chief officer of police on or before 31st December 2017.

Nick Hurd

Minister of State

Home Office

13th December 2017

Rule 8(a)

SCHEDULE 1Application for the grant or renewal of a firearm or shotgun certificate

Rule 8(b)

SCHEDULE 2Application to vary a firearm certificate

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make a number of amendments to the Firearms Rules 1998 (S.I. 1998/1941).

Rules 3 and 5 amend the Firearms Rules 1998 in order to facilitate electronic applications for the grant, renewal or variation of both firearm and shotgun certificates where such applications are made in accordance with an approved electronic process. These amendments also provide that applications for the grant or renewal of such certificates need only be accompanied by one photograph of the applicant.

Rules 4 and 6 prohibit police and crime commissioners, their staff, members of the Scottish Police Authority and members of staff of the Scottish Police Authority from acting as a referee for an applicant for the grant or renewal of a firearm or shotgun certificate.

Rule 7 makes provision for the electronic submission of photographs of the applicant, and provides that an application made for both a firearm and a shotgun certificate need only be accompanied by one photograph.

Rule 8 replaces the existing prescribed forms for applications for the grant or renewal of a firearm or shotgun certificate and for applications to vary a firearm certificate.

Rules 9 and 10 make provision to enable chief officers to process applications which are made using the old forms that are to be replaced, provided that the application concerned is received on or before 28th February 2018.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1968 c. 27. Sections 26A and 26B were substituted for section 26 as originally enacted by section 37 of the Firearms Amendment Act 1997 (c. 5). There are other amendments to the Firearms Act 1968 which are not relevant to these Rules.

(2)

S.I. 1998/1941; relevant amending instruments are S.I. 2013/1945, 2013/2970, 2014/1239 and 2016/425.

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