Search Legislation

Advanced Search

Firearms Act 1968

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

Firearms Act 1968, SCHEDULE 6 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Section 51.

SCHEDULE 6E+W+S Prosecution and Punishment of Offences

Part IE+W+S Table of Punishments

Modifications etc. (not altering text)

Section of this Act creating offenceGeneral nature of offenceMode of prosecutionPunishmentAdditional provisions
Section 1(1) ...Possessing etc. firearm or ammunition without firearm certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.Paragraph 1 of Part II of this Schedule applies.
(b) On indictment(i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, 5 years, or a fine; or both,Paragraph 1 of Part II of this Schedule applies.
(ii) in any other case, 3 years or a fine; or both.Paragraph 1 of Part II of this Schedule applies.
Section 1(2) ...Non-compliance with condition of firearm certificate.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.Paragraph 1 of Part II of this Schedule applies.
Section 2(1) ...Possessing, etc., shot gun without shot gun certificate.[F3(a) Summary.][F36 months or the statutory maximum or both.]Paragraph 1 of Part II of this Schedule applies.
[F3(b) On indictment.][F33 years or a fine; or both.]
Section 2(2) ...Non-compliance with condition of shot gun certificate.Summary...6 months or a fine of [F2level 5 on the standard scale]; or both.Paragraph 1 of Part II of this Schedule applies.
Section 3(1) ...Trading in firearms without being registered as firearms dealer.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 3(2) ...Selling firearm to person without a certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 3(3) ...Repairing, testing etc. firearm for person without a certificate.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 3(5) ...Falsifying certificate, etc., with view to acquisition of firearm.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or [F4a fine]; or both.
Section 3(6) ...Pawnbroker taking firearm in pawn.Summary ... ...3 months or a fine of [F2level 3 on the standard scale]; or both.
Section 4(1)(3)Shortening a shot gun; conversion of firearms.(a) Summary...6 months or a fine of [F1£400]; or both.
(b) On indictment5 years or a fine; or both.
Section 5(1) ...Possessing or distributing prohibited weapons or ammunition.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment5 years or a fine; or both.
Section 5(5) ...Non-compliance with condition of Defence Council authority.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 5(6) ...Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition.Summary ... ...A fine of [F2level 3 on the standard scale].
Section 6(3) ...Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms.Summary ... ...3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F2level 3 on the standard scale]; or both.Paragraph 2 of Part II of this Schedule applies.
Section 7(2) ...Making false statement in order to obtain police permit.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 9(3) ...Making false statement in order to obtain permit for auction of firearms, etc.[F5Summary][F56 months or a fine not exceeding level 5 on the standard scale; o r both.]
Section 13(2) ...Making false statement in order to obtain permit for removal of signalling apparatus.Summary. ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 16 ...Possession of firearm with intent to endanger life or injure property.On indictment ...[F6life imprisonment] or a fine; or . . . F7b oth.
Section 17(1) ...Use of firearms to resist arrest.On indictment ...[F6life imprisonment] or a fine; or, . . . F7 both.Paragraphs 3 to 5 of Part II of this Schedule apply.
Section 17(2) ...Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2.On indictment ...[F8Life imprisonment] or a fine; or . . . F7 both.Paragraphs 3 and 6 of Part II of this Schedule apply.
Section 18(1) ...Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest.On indictment ...[F8Life imprisonment] or a fine; or, . . . F7 b oth.
Section 19 ...Carrying loaded firearm in public place.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment (but not if the firearm is an air weapon).5 years or a fine; or both.
Section 20(1) ...Trespassing with firearm in a building.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment (but not if the firearm is an air weapon).5 years or a fine; or both.
Section 20(2) ...Trespassing with firearm on land.Summary ... ...3 months or a fine of [F2level 4 on the standard scale]; or both.
Section 21(4) ...Contravention of provisions denying firearms to ex-prisoners and the like.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 21(5) ...Supplying firearms to person denied them under section 21.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 22(1) ...Person under 17 acquiring firearm.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 22(2) ...Person under 14 having firearm in his possession without lawful authority.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 22(3) ...Person under 15 having with him a shot gun without adult supervision.Summary ... ...A fine of [F2level 3 on the standard scale]Paragraph 8 of Part II of this Schedule applies.
Section 22(4) ...Person under 14 having with him an air weapon or ammunition therefor.Summary ... ...A fine of [F2level 3 on the standard s cale]Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 22(5) ...Person under 17 having with him an air weapon in a public place.Summary ... ...A fine of [F2level 3 on the standard s cale]Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 23(1) ...Person under 14 making improper use of air weapon when under supervision; person supervising him permitting such use.Summary ... ...A fine of [F2level 3 on the standard s cale]Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 24(1) ...Selling or letting on hire a firearm to person under 17.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 24(2) ...Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 24(3) ...Making gift of shot gun to person under 15.Summary ... ...A fine of [F2level 3 on the standard scale]Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...Supplying air weapon to person under 14.Summary ... ...A fine of [F2level 3 on the standard scale]Paragraphs 7 and 8 of Part II of this Schedule apply.
Section 25 ...Supplying firearm to person drunk or insane.Summary ... ...3 months or a fine of [F2level 3 on the standard scale]; or both.
Section 26(5) ...Making false statement in order to procure grant or renewal of a firearm or shot gun certificate.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 29(3) ...Making false statement in order to procure variation of a firearm certificate.Summary ... ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 30(4) ...Failing to surrender certificate on revocation.Summary ... ...A fine of [F2level 3 on the standard s cale].
Section 38(8) ...Failure to surrender certificate of registration [F9or register of transactions] on removal of firearms dealer’s name from from register.Summary ... ...A fine of [F2level 3 on the standard s cale].
Section 39(1) ...Making false statement in order to secure registration or entry in register of a place of business.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 39(2) ...Registered firearms dealer having place of business not entered in the register.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 39(3) ...Non-compliance with condition of registration.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 40(5) ...Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register.Summary ...6 months or a fine of [F2level 5 on the standard scale]; or both.
Section 42 ...Failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police.(a) Summary ...6 months or a fine of [F1£400]; or both.
(b) On indictment3 years or a fine; or both.
Section 47(2) ...Failure to hand over firearm or ammunition on demand by constable.Summary ...3 months or a fine of [F2level 4 on the standard scale]; or both.
Section 48(3) ...Failure to comply with requirement of a constable that a person shall declare his name and address.Summary ... ...A fine of [F2level 3 on the standard scale].
Section 49(3) ...Failure to give constable facilities for examination of firearms in transit, or to produce papers.Summary ... ...3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F2level 3 on the standard scale]; or both.Paragraph 2 of Part II of this Schedule applies.
Section 52(2)(c)Failure to surrender firearm or shot gun certificate cancelled by court on conviction.Summary ... ...A fine of [F2level 3 on the standard scale].

Textual Amendments

Part IIE+W+SSupplementary Provisions as to Trial and Punishment of offences

1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

2E+W+SIn the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.

[F113(1)Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in [F12Schedule 1 to the Magistrates’ Courts Act 1980] (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.E+W+S

(2)Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and [F13sections 18 to 23 of the said Act of 1980] (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.

(3)If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—

(a)if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with [F14the said sections 18 to 23]; but

(b)if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with [F14section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)

4E+W+SWhere a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.

5E+W+SIf on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.

6E+W+SThe punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).

7The court by which a person is convicted of an offence under section 22(4) or (5), 23(1) or 24(4) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was committed.

8The court by which a person is convicted of an offence under section 22(3), (4) or (5), 23(1) or 24(4) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.

9E+W+SThe court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources