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Guide on Firearms Licensing Law

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Guide on Firearms Licensing Law Guide on Firearms Licensing Law April 2016 Contents 1. An overview – frequently asked questions on firearms licensing .......................................... 3 2. Definition and classification of firearms and ammunition ...................................................... 6 3. Prohibited weapons and ammunition .................................................................................. 17 4. Expanding ammunition ........................................................................................................ 27 5. Restrictions on the possession, handling and distribution of firearms and ammunition .... 29 6. Exemptions from the requirement to hold a certificate ....................................................... 36 7. Young persons ..................................................................................................................... 47 8. Antique firearms ................................................................................................................... 53 9. Historic handguns ................................................................................................................ 56 10. Firearm certificate procedure ............................................................................................... 69 11. Shotgun certificate procedure ............................................................................................. 84 12. Assessing suitability ............................................................................................................. 95 13. Good reason to possess a firearm .................................................................................... 105 14. Law on shooting birds and animals ................................................................................... 125 15. Permits ............................................................................................................................... 141 16. Registration of firearms dealers ......................................................................................... 144 17. Museum firearms licences ................................................................................................. 156 18. Rifle and muzzle-loading pistol clubs ................................................................................ 161 19. Security of firearms and ammunition ................................................................................. 169 20. Fees.................................................................................................................................... 178 21. Notices and appeals .......................................................................................................... 181 22. Criminal use of firearms ..................................................................................................... 185 23. Law enforcement ............................................................................................................... 189 24. Proof of firearms ................................................................................................................ 194 25. Surrender and disposal of firearms and ammunition ........................................................ 196 26. Northern Ireland ................................................................................................................. 199 27. Visitors’ permit procedures ................................................................................................ 201 28. Import and export of firearms ............................................................................................ 207 29. EC directive on control of the acquisition and possession of weapons ........................... 213 30. Authorisation of armed guards on UK registered ships .................................................... 222 Appendix 1 – Contact details ................................................................................................... 228 Appendix 2 – List of firearms forms ......................................................................................... 232 Appendix 3 – Conditions for firearm certificates ..................................................................... 233 Appendix 4 – Young persons and firearms law ....................................................................... 238 Appendix 5 – Antique firearms – obsolete calibres and Antique air weapons ........................ 239 Appendix 6 – Conditions for registration of firearms dealers .................................................. 251 Appendix 7 – Guidance on secure keeping of firearms ........................................................... 252 Appendix 8 – Taking of firearms (including air weapons to Northern Ireland by visitors from Great Britain) .................................................................................................................... 256 Appendix 9 – Conditions for visitor’s firearm or shotgun permit ............................................. 257 Appendix 10 – Categories of weapons under 1991 EC directive on control of the acquisition and possession of weapons .................................................................................. 258 Appendix 11 – Firearms Licensing and Medical Information .................................................. 260 Chapter 1: An overview – frequently asked questions about firearms licensing 1.1. What is meant by the term ‘firearm’? ‘Firearm’ means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged. See Chapter 2 for further details. 1.2. What are the basic principles of firearms law in the UK? UK firearms policy is based on the fact that firearms are dangerous weapons and the State has a duty to protect the public from their misuse. Gun ownership is a privilege, not a right. Firearms control in the UK is among the toughest in the world, and as a result firearms offences continue to make up a small proportion (less than 0.2%) of recorded crime [ONS 2012/13]. 1.3. What kind of firearm may be licensed? Some firearms, shotguns and rifles may be licensed and are held on a firearm or shotgun certificate. Low powered air weapons are not licensed in England and Wales unless they are of a type declared specially dangerous by the Firearms (Dangerous Air Weapons) Rules 1969 but there are restrictions on their sale. An air weapon is “specially dangerous” if it is capable of discharging a missile with kinetic energy in excess, in the case of an air pistol, of 6 foot lbs or, in the case of other air weapons,12 foot lbs. See Chapters 10, 12 and 17, (chapters on clubs, prohibited persons and dealers) for further details. 1.4. Can anyone apply for a firearm certificate? Permission to possess or to purchase or acquire a firearm will be granted to an individual who is assessed by the licensing authority, the police, as not posing a threat to public safety and having good reason to own the firearm. Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms. Persons who are sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms) at any time. See Chapters 10, 12 and 17 (chapters on clubs, prohibited persons and dealers) for further details. 1.5. Who authorises firearm and shotgun certificates? The police are the licensing authority for firearm and shotgun certificates as well as for firearms dealers. The authority rests with local police forces rather than a central licensing authority because of the local information that police will use to inform their judgement. Prohibited weapons such as handguns are authorised by the Home Office on behalf of the Secretary of State. See Chapter 10 for further details. 3 Guide on Firearms Licensing Law 1.6. How do the police decide if a person is fit to own a firearm? To decide whether a person is fit to own a firearm, the licensing authority will conduct a number of checks which will usually include interviews, visits to the person’s property, criminal records checks and references from friends. In addition, the applicant’s GP may be contacted. See Chapter 10 for further details. 1.7. What is a good reason to own a firearm? Applicants should be able to demonstrate to the licensing authority that they require their firearm on a regular, legitimate basis for work, sport or leisure (including collections or research). Chief Officers are able to exercise discretion over what constitutes a good reason, judging each case on its own merits. See Chapter 13 for further details. 1.8. What does a firearm certificate cost? From 6 April 2015, the fees for the different types of firearms certificates will be as outlined below. Generally, certificates for firearms and shotguns are valid for five years. Those for registered firearms dealers are valid for three years. Activity Total Fee (£) Grant of Firearm Certificate 88 Grant of a Shotgun Certificate 79.50 Renewal of Firearm Certificate 62 Renewal of a Shotgun Certificate 49 Registered Firearms Dealers - Grant or Renewal 200 Replacement of lost or stolen Firearm or Shotgun 4 Certificate Coterminous grant or renewal 90 / 65 Visitor permit (individual / group) 20 / 100 Registered Firearms Dealer Grant for Game Fair etc. 13 Variation (not like for like) 20 1.9. How are firearms stored? The conditions of a firearm or shotgun certificate stipulate that guns must be stored securely
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