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Guide on Firearms Licensing Law

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Guide on Firearms Licensing Law Guide on Firearms Licensing Law October 2014 Contents Ministerial foreword 1. An overview – frequently asked questions on firearms licensing .......................................... 5 2. Definition and classification of firearms and ammunition ...................................................... 8 3. Prohibited weapons and ammunition .................................................................................. 19 4. Expanding ammunition ........................................................................................................ 29 5. Restrictions on the possession, handling and distribution of firearms and ammunition .... 31 6. Exemptions from the requirement to hold a certificate ....................................................... 38 7. Young persons ..................................................................................................................... 49 8. Antique firearms ................................................................................................................... 55 9. Historic handguns ................................................................................................................ 58 10. Firearm certificate procedure ............................................................................................... 71 11. Shotgun certificate procedure ............................................................................................. 85 12. Assessing suitability ............................................................................................................. 94 13. Good reason to possess a firearm .................................................................................... 103 14. Law on shooting birds and animals ................................................................................... 123 15. Permits ............................................................................................................................... 139 16. Registration of firearms dealers ......................................................................................... 142 17. Museum firearms licences ................................................................................................. 154 18. Rifle and muzzle-loading pistol clubs ................................................................................ 159 19. Security of firearms and ammunition ................................................................................. 167 20. Fees.................................................................................................................................... 176 21. Notices and appeals .......................................................................................................... 179 22. Criminal use of firearms ..................................................................................................... 183 23. Law enforcement ............................................................................................................... 187 24. Proof of firearms ................................................................................................................ 192 25. Surrender and disposal of firearms and ammunition ........................................................ 194 26. Northern Ireland ................................................................................................................. 197 27. Visitors’ permit procedures ................................................................................................ 199 28. Import and export of firearms ............................................................................................ 205 29. EC directive on control of the acquisition and possession of weapons ........................... 211 30. Authorisation of armed guards on UK registered ships .................................................... 220 Appendix 1 – Contact details ................................................................................................... 226 Appendix 2 – List of firearms forms ......................................................................................... 230 Appendix 3 – Conditions for firearm certificates ..................................................................... 231 Appendix 4 – Young persons and firearms law ....................................................................... 236 Appendix 5 – Antique firearms – obsolete calibres ................................................................. 237 Appendix 6 – Conditions for registration of firearms dealers .................................................. 246 Appendix 7 – Guidance on secure keeping of firearms ........................................................... 247 Appendix 8 – Taking of firearms (including air weapons to Northern Ireland by visitors from Great Britain) .................................................................................................................... 251 Appendix 9 – Conditions for visitor’s firearm or shotgun permit ............................................. 252 Appendix 10 – Categories of weapons under 1991 EC directive on control of the acquisition and possession of weapons .................................................................................. 253 Foreword The subject of ownership of firearms is a sensitive issue. Across Great Britain there are just over 170,000 firearms licences and around 620,000 shotgun licences on issue. The vast majority of these licence holders will quite legitimately and responsibly use their firearms for work and leisure pursuits. It is only in an extremely small minority of cases that legally held firearms are misused. However the results can be devastating both for the immediate families and communities around. I believe that the ownership of any firearm is a privilege and not a right, and that public safety must be paramount. Within Great Britain, we have one of the most robust firearms licensing systems in the world with specially trained officers assessing the suitability of potential firearm and shotgun certificate holders on a case-by-case basis. I appreciate that the law which governs firearms licensing can be complex with 34 separate pieces of legislation governing firearms control. That is why we have produced this guide. It replaces the ‘Firearms Law: Guidance to the Police‘ published in 2002. Since then, there have been a number of significant events. Not only new legislation, for example the Violent Crime Reduction Act 2006 and the Firearms Acts (Amendment) Regulations 2010, but also in policing with the advent of Police and Crime Commissioners. The tragic shootings in Cumbria in 2010 and Durham in 2012 led us to take a closer look at whether there is anything more we could do to prevent such events in the future. These incidents focused attention on the importance of having an excellent firearms licensing process. I am therefore pleased to introduce the revised Guide on Firearms Licensing Law which incorporates legislative and policy changes since 2002. We have also worked hard to ensure that where possible guidance on firearms licensing is made as clear and concise as possible for the police, the shooting community and the general public. Some notable updates to the guidance since 2002 include: • Reinforcing the importance of proper assessment, specifically with regards to domestic violence, when considering a person’s fitness to carry a firearm. It will ensure evidence of domestic violence is considered without increasing the risk to the victims we are trying to protect; • Reducing the bureaucracy within police firearms licensing departments by reviewing the conditions on firearm certificates; and • New sections covering emerging issues related to firearms and shotgun licensing. For example new guidance for applicants who wish to possess firearms on UK registered ships in a response to the risk of piracy. 3 Guide on Firearms Licensing Law This is an important document for anyone who is involved in firearms licensing or who has an interest in firearms or shotguns for either work or leisure purposes. Whilst we have the most robust firearms licensing system in the world, we can always strive to be more efficient, and make the licensing process as practical and as safe as possible. Damian Green Minister of State for Policing and Criminal Justice 4 Guide on Firearms Licensing Law 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 2011/12]. 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
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