Firearms (Amendment) Act 1988

ExemptionsE+W+S

[F115 Approved rifle clubs and muzzle-loading pistol clubs.E+W+S

(1)Subject to subsection (4) below, a member of a rifle club approved by the Secretary of State [F2or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)] may, without holding a firearm certificate, have in his possession a rifle and ammunition when engaged as a member of the club in connection with target shooting.

(2)Any rifle club may apply for approval, whether or not it is intended that any club members will, by virtue of subsection (1) above, have rifles or ammunition in their possession without holding firearm certificates.

(3)The Secretary of State may publish such guidance as he considers appropriate for the purpose of informing those seeking approval for a club of criteria that must be met before any application for such approval will be considered.

(4)The application of subsection (1) above to members of an approved rifle club may—

(a)be excluded in relation to the club, or

(b)be restricted to target shooting with specified types of rifle,

by limitations contained in the approval.

(5)An approval—

(a)may be granted subject to such conditions specified in it as the Secretary of State thinks [F3or, as the case may be, the Scottish Ministers think] fit;

(b)may at any time be varied or withdrawn by the Secretary of State [F3or, as the case may be, the Scottish Ministers]; and

(c)shall (unless withdrawn) continue in force for six years from the date on which it is granted or last renewed.

F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A constable or civilian officer authorised in writing in that behalf may, on producing if required his authority, enter any premises occupied or used by an approved rifle club and inspect those premises, and anything on them, for the purpose of ascertaining whether the provisions of this section, and any limitations or conditions in the approval, are being complied with.

(8)The power of a constable or civilian officer under subsection (7) above to inspect anything on club premises shall include power to require any information which is kept by means of a computer and is accessible from the premises to be made available for inspection in a visible and legible form.

(9)It is an offence for a person intentionally to obstruct a constable or civilian officer in the exercise of his powers under subsection (7) above; and that offence shall be punishable on summary conviction with a fine not exceeding level 3 on the standard scale.

(10)In this section and section 15A below—

• “ approval ”, means an approval under this section; and “ approved ” shall be construed accordingly;

• “ civilian officer ” has the same meaning as in the principal Act; and

• “ rifle club ” includes a miniature rifle club.

(11)This section applies in relation to a muzzle-loading pistol club and its members as it applies to a rifle club and its members with the substitution for any reference to a rifle of a reference to a muzzle-loading pistol.

(12)In subsection (11) above—

• “ muzzle-loading pistol club ” means a club where muzzle-loading pistols are used for target shooting; and

• “ muzzle-loading pistol ” means a pistol designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile). ]

[F515A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F615BFees in connection with approvals under section 15E+W+S

(1)The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an approval under section 15 is granted, varied or renewed.

(2)Regulations under subsection (1) must specify the amount of any fee that may be charged.

(3)The regulations may make different provision for different cases (including specifying different fees for different cases).

(4)The regulations may include—

(a)incidental, supplementary or consequential provision;

(b)transitional, transitory or saving provision.

(5)Regulations under this section are to be made by statutory instrument.

(6)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section, “the appropriate national authority” means—

(a)in or as regards England and Wales, the Secretary of State;

(b)in or as regards Scotland, the Scottish Ministers.]

F716 Borrowed rifles on private premises.E+W+S

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[F816A Possession of firearms on service premises.E+W+S

(1)A person under the supervision of a member of the armed forces may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on service premises.

(2)Subsection (1) above does not apply to a person while engaged in providing security protection on service premises.

(3)In this section—

• “ armed forces ” means any of the naval, military or air forces of Her Majesty; and

• “ service premises ” means premises, including any ship or aircraft, used for any purpose of the armed forces. ]

[F916B Possession of firearms on Ministry of Defence Police premisesE+W+S

(1)A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.

(2) In this section “ relevant premises ” means premises used for any purpose of the Ministry of Defence Police. ]

17 Visitors’ permits.E+W+S

(1)The holder of a visitor’s firearm permit may, without holding a firearm certificate, have in his possession any firearm, and have in his possession, purchase or acquire any ammunition, to which section 1 of the principal Act applies; and [F10(subject to subsection (1A) below)] the holder of a visitor’s shot gun permit may, without holding a shot gun certificate, have shot guns in his possession and purchase or acquire shot guns.

[F11(1A)A visitor’s shot gun permit shall not authorise the purchase or acquisition by any person of any shot gun with a magazine except where—

(a)that person is for the time being the holder of a licence granted, for the purposes of any order made under section 1 of the Import, Export and Customs Powers (Defence) Act 1939, in respect of the exportation of that shot gun;

(b)the shot gun is to be exported from Great Britain F12...; [F13or]

(c)the shot gun is acquired on terms which restrict that person’s posession of the gun to the whole or a part of the period of his visit to Great Britain and preclude the removal of the gun from Great Britain; F14...

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)The chief officer of police for an area may, on an application in the prescribed form made by a person resident in that area on behalf of a person specified in the application, grant a permit under this section to the specified person if satisfied that he is visiting or intending to visit Great Britain and—

(a)in the case of a visitor’s firearm permit, that he has a good reason for having each firearm and the ammunition to which the permit relates in his possession, or, as respects ammunition, for purchasing or acquiring it, while he is a visitor to Great Britain;

(b)in the case of a visitor’s shot gun permit, that he has a good reason for having each shot gun to which the permit relates in his possession, or for purchasing or acquiring it, while he is such a visitor.

(3)No permit shall be granted under this section to a person if the chief officer of police has reason to believe—

(a)that his possession of the weapons or ammunition in question would represent a danger to the public safety or to the peace; or

(b)that he is prohibited by the principal Act from possessing them.

F15(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A permit under this section shall be in the prescribed form, shall specify the conditions subject to which it is held and—

(a)in the case of a visitor’s firearm permit, shall specify the number and description of the firearms to which it relates, including their identification numbers, and, as respects ammunition, the quantities authorised to be purchased or acquired and to be held at any one time;

(b)in the case of a visitor’s shot gun permit, shall specify the number and description of the shot guns to which it relates, including, if known, their identification numbers.

(5)The chief officer of police by whom a permit under this section is granted may by notice in writing to the holder vary the conditions subject to which the permit is held but, in the case of a visitor’s shot gun permit, no condition shall be imposed or varied so as to restrict the premises where the shot gun or guns to which the permit relates may be used.

(6)A permit under this section shall come into force on such date as is specified in it and continue in force for such period, not exceeding twelve months, as is so specified.

(7)A single application (a “group application”) may be made under this section for the grant of not more than twenty permits to persons specified in the application if it is shown to the satisfaction of the chief officer of police that their purpose in having the weapons in question in their possession while visiting Great Britain is—

(a)using them for sporting purposes on the same private premises during the same period; or

(b)participating in the same competition or other event or the same series of competitions or other events.

(8)There shall be payable on the grant of a permit under this section a fee of [F16£20] except that where six or more permits are granted on a group application the fee shall be [F17£100] in respect of those permits taken together.

(9)Subsection (8) above shall be included in the provisions that may be amended by an order under section 43 of the principal Act.

(10)It is an offence for a person—

(a)[F18knowingly or recklessly to make a statement false in any material particular] for the purpose of procuring the grant of a permit under this section; or

(b)to fail to comply with a condition subject to which such a permit is held by him;

and each of those offences shall be punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

18 Firearms acquired for export.E+W+S

(1)A person may, without holding a firearm or shot gun certificate, purchase a firearm from a registered firearms dealer if—

(a)that person has not been in Great Britain for more than thirty days in the preceding twelve months; and

(b)the firearm is purchased for the purpose only of being exported from Great Britain without first coming into that person’s possession.

F19(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A registered firearms dealer who sells a firearm to a person who shows that he is entitled by virtue of subsection (1) above to purchase it without holding a certificate shall within forty-eight hours from the transaction send a notice of the transaction to the chief officer of police in whose register the premises where the transaction took place are entered.

(3)The notice of a transaction under subsection (2) above shall contain the particulars of the transaction which the dealer is required to enter in the register kept by him under section 40 of the principal Act and every such notice shall be sent [F20by permitted means].

(4)In the case of a transaction to which subsection (2) above applies the particulars to be entered in the register kept under section 40 of the principal Act (and accordingly contained in a notice under subsection (3) above) shall include the number and place of issue of the purchaser’s passport, if any F21....

[F22(4A)  A notice is sent by permitted means for the purposes of subsection (3) if it is sent—

(a)by registered post;

(b)by the recorded delivery service; or

(c)by permitted electronic means (see section 18B).]

(5)It is an offence for a registered firearms dealer to fail to comply with subsection (2) above; and that offence shall be punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

F23(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2418A Purchase or acquisition of firearms in other member States.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2518B.Permitted electronic meansE+W+S

(1)  A notice is sent by permitted electronic means for the purposes of section 18 F26... if—

(a)it is sent by an electronic form of communication which the Secretary of State has directed may be used for the purposes of [F27that section],

(b)it is sent to the electronic address which has been published pursuant to subsection (4), and

(c)subject to subsection (6), the electronic address has not been withdrawn in accordance with subsection (5).

(2)  Before giving a direction under subsection (1)(a), the Secretary of State must consult—

(a)the Scottish Ministers,

(b)[F28the National Police Chiefs’ Council] ,

[F29(c)the chief constable of the Police Service of Scotland, and]

(d)such other persons as the Secretary of State is satisfied should be consulted.

(3) The Secretary of State must publish directions given under subsection (1)(a).

(4)A chief officer of police must publish at least one electronic address for each form of electronic communication specified in a direction under subsection (1)(a).

(5)A chief officer of police may withdraw an electronic address published under subsection (4) by publishing a statement to that effect in the same manner as that in which the electronic address was published under subsection (4); but a chief officer of police may exercise the power to withdraw only if, after the withdrawal, there will still be at least one electronic address available for the form of electronic communication concerned.

(6) Where an electronic address has been withdrawn under subsection (5), a notice sent to that electronic address before the end of the period of 28 days beginning with the day after the date of withdrawal is to be treated as complying with subsection (1)(b).]

19 Firearms and ammunition in museums.E+W+S

The Schedule to this Act shall have effect for exempting firearms and ammunition in museums from certain provisions of the principal Act.