Changes in the firearms law

This leaflet sets out the main changes to firearms law in England, Wales and Scotland as a result of the Firearms (Amendment) Act 1997 ('the 1997 Act').

You should read this leaflet if you

• own or use a handgun

• own or use a veterinary tranquillising equipment

• own or use guns powered by carbon dioxide (CO2)

• own or use expanding ammunition 4

• are a firearms dealer.

It is a summary and not a definitive statement of the law. You can get further advice from your local police force firearms licensing department or from the Home Office or Scottish Office.

The most important change the 1997 Act makes is the prohibition of high-calibre handguns. At the time of printing this leaflet (June 1997) Parliament is considering further legislation which would prohibit small-calibre handguns.

This leaflet sets out the present position on small-calibre handguns, in advance of Parliament's decision about their prohibition. The Government will publish another leaflet about this later.

Summary of the changes

The Firearms (Amendment) Act 1997 makes important changes to the law concerning:

• handguns

• self-loading or pump-action rifled guns

• conversions and adaptations

• expanding ammunition

• transfers of firearms and ammunition

• notifying transfer, deactivation, destruction or loss

• firearm or shotgun certificates

• firearms dealers

• approved rifle and muzzle-loading pistol clubs

• museum firearms licences

• guns powered by carbon dioxide (CO2)

• tranquilliser guns and darts

Many of the changes come into force on 1 July 1997. Most of the others will come into force on 1 October 1997.

Handguns

The 1997 Act prohibits handguns as from 1 July 1997. It defines a handgun as "any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall".

This prohibition is in addition to the existing prohibitions under section 5 of the Firearms Act 1968, as amended.

The 1997 Act prohibits all handguns except:

• an air weapon or weapon powered by compressed carbon dioxide (CO2) if it is low-powered and does not require a firearm certificate issued by the police

• small-calibre pistols (and revolvers) - the Act defines these as ones which are chambered for .22 inch or smaller rimfire cartridges or air pistols/CO2 pistols powerful enough to require a police firearm certificate which fire .22 inch or smaller diameter ammunition

• muzzle-loading pistols (and 'black powder' revolvers which load from the muzzle end of the cylinder with loose powder and ball)

• firearms designed as signalling apparatus (flare guns)

• firearms which are regarded as antique under the Home Departments' guidelines, provided that they are held as a curiosity or ornament.

These handguns are not prohibited and owners can continue to hold them as before. A police firearm certificate is needed for small-calibre pistols and revolvers, flare guns, and muzzle-loading pistols (but not antiques held as a curiosity or ornament). There is more information about small-calibre handguns below.

Timing of the ban on handguns

Apart from the exceptions listed above all handguns become prohibited weapons as from 1 July 1997. Prohibition means that possession, acquisition, purchase, manufacture, sale and transfer require the authority of the Secretary of State under section 5 of the Firearms Act 1968. He will not generally allow possession by private individuals.

The prohibition does not take effecr until 1 October 1997 for people who own handguns lawfully on firearms certificates or section 7 permits issued by the police, or for registered firearms dealers.

Lawful owners may be eligible for compensation for handguns and handgun accessories if they owned them, or entered into a contract to acquire them, on or before 16 October 1996 and surrender them to the police before 1 October 1997. There are separate leaflets about this which you can obtain from your local police force firearms licensing department.

Pistol clubs

The prohibition from 1 July will have an important effect on pistol clubs holding the approval of the Secretary of State.

The Secretary of State's approval allows club members to be in possession of firearms, and shoot, without holding firearm certificates issued by the police. From 1 July, possession of high-calibre handguns by a club member will be prohibited unless the member holds a firearm certificate issued by the police which allows him or her to be in possession of it.

Members who hold firearm certificates and continue to use high-calibre handguns for target shooting after 1 July will have to surrender them to the police by 1 October 1997.

People who can continue to possess prohibited handguns

The 1997 Act makes special allowance for some people to continue to possess high-calibre handguns despite the prohibition. This part of the leaflet gives details.

• Animal slaughtering instruments. Many slaughtering instruments (captive bolt pistols) used in abattoirs are prohibited by the 1997 Act. But the Act allows licensed slaughterers to buy, possess, and sell them in they have a police firearm certificate or a visitors firearm permit which allows them to do so. Owners of slaughterhouses and knacker's yards can use and store them there without a firearm certificate.

• Humane killing of animals and veterinary treatment. People who need pistols or revolvers to kill animals humanely - for instance, veternary surgeons - can buy, possess and sell them if they have a police firearm certificate or visitor's firearm permit which allows them to do so. The certificate or permit must specify that the handgun is only to be used for the humane killing of animals. There are similar arrangements for people who need handguns to administer veterinary tranquillisers and other treatments.

• Shot pistols. People who need shot pistols for shooting rats and other vermin can buy, possess and sell them if they have a police firearm certificate or visitor's firearm permit which allows them to do so. The certificate or permit must specify that the shot pistol is only to be used for shooting vermin.

• Athletics starting guns. Race starters can have a pistol or revolver in their possession at an athletics meeting to start races. They may have one in their possession at other times if they hold a police firearm certificate or visitor's firearm permit - for instance, to allow them to keep it at home. The certificate or permit must specify that the pistol or revolver is only to be used for starting races

• Trophies of war. Owners of handguns held as trophies of war may keep the, provided that the trophy was aquired before 1946 and they hold a firearm certificate or visitor's firearm permit for it.

• Historic handguns. The 1997 Act allows owners of historic handguns to continue to retain them under strict conditions. There is a separate leaflet giving full details of this. You may obtain a copy of this leaflet from your local police force firearms department.

Small-calibre pistols

The 1997 Act included restrictions on small-calibre pistols. These allowed owners to continue to possess them on firearm certificates issued by the police. But they would have to be held in new, secure pistol clubs licensed by the Government. The Act contained arrangements for owners to hand them in to the police until they had joined a licensed pistol club. The Government has decided not to proceed with these arrangements. It has placed before Parliament legislation which would:

• prohibit small-calibre handguns

• abolish the provision for licensed small-calibre pistol clubs

• provide for compensation payments for small-calibre pistols.

Small-calibre pistols will not become prohibited weapons on 1 July 1997. Owners may continue to possess them. They will need a police firearm certificate.

But if Parliament agrees with the Government's proposals they will become prohibited later. Lawful owners will be required to hand them in to the police at that time and claim compensation for them.

As an alternative they may, if they wish, hand them in at the same time as prohibited high-calibre handguns are surrendered, between 1 July and 1 October 1997. They will then be eligible for an ex-gratia payment, calculated on the same basis as the compensation payment they would be entitled to receive later.

There is a separate leaflet about payments for small-calibre pistols. You can obtain it from your local police force firearms licensing department.

Self-loading or pump-action rifled guns

The 1997 Act prohibits any self-loading or pump-action firearm with a rifled barrel, except those chambered for .22 rimfire cartridges. The prohibition comes into force on 1 July 1997. It replaces the prohibition in the Firearms (Amendment) Act 1988 of self-loading and pump-action rifles and carbines.

Conversions and adaptations

The 1997 Act prohibits:

• any high-calibre handgun

• any other self-loading or pump-action rifled gun (unless chambered for .22 rimfire cartridges)

which has been converted or adapted into a firearm of another type.

Expanding ammunition

The 1997 Act prohibits expanding ammunition. This prohibition takes effect from 1 July 1997. But the Act allows possession and use of expanding ammunition by people who hold a firearm certificate or visitor's firearm permit which restricts them to holding it as part of a collection or to using it for one or more of:

• deer shooting

• shooting vermin

• estate management

• humane killing of animals

• the protection of animals or people.

Firearms dealers may continue to buy, possess and sell expanding ammunition as part of their business.

Transfers of firearms and ammunition

From 1 October 1997 all transfers of firearms and shotguns to certificate holders must take place in person. This also applies to transfers of ammunition which requires a firearm certificate.

Transfers to firearms dealers and to others, such as police forces, who do not require firearm or shotgun certificates need not be in person.

It will still be possible for certificate holders to order guns and ammunition by mail. But the dealer must ensure that they or an employee deliver the goods in person. The buyer must show their certificate to the person delivreing the guns and ammunition to them.

The same requirements will apply to sales to holders of visitor's firearm and shotgun permits.

Notifying transfer deactivation, destruction or loss

From 1 October 1997 people who hold firearm or shotgun certificates or visitor's firearm or shotgun permits must notify the police if they:

• transfer a firearm or shotgun to any other person, including loaning it (for longer than 72 hours in the case of a shotgun), selling it, hiring it out or making a gift of it

• deactivate a firearm or shotgun, or have it deactivated by somebody else

• destroy it, lose it, or have it stolen.

This requirement applies even if the sale, loss, etc. has happened outside Great Britain. Where a transfer takes place in Great Britain the other party to it must also notify the police if he or she holds a firearm or shotgun certificate or a visitor's firearm or shotgun permit.

The notification must be sent to the chief officer of the police force which issued the certificate and must be sent within 7 days (or 14 days if the sale, etc., had happened overseas).

Firearm and shotgun certificates

There will be changes to the forms and procedures for firearm and shotgun certificates. The most important will be that people who apply for firearm certificats will have to provide two referees. The Government will announce the details later.

From 1 July 1997 the police will be able to revoke a firearm certificate in cases where the holder no longer has a good reason to possess firearms or ammunition. They will also be able to revoke a certificate in part - removing some but not all of the firearms and ammunition which it allows - for this reason.

People who apply for a firearm certificate for a rifle or muzzle-loading pistol from 1 October 1997 will need to be a member of a rifle or muzzle-loading pistol club approved by the Home Office or Scottish Office under the Firearms Acts if they intend to use the gun for target shooting only.

Firearms dealers

Firearms dealers will need to know the new requirements about transfers (see above). From 1 July 1997 the law is changed to make it clear that registered firearms dealers can:

• be in possession of firearms and ammunition for business purposes at locations which they have not formally notified to the police as places of business

• keep their register of firearms and ammunition on computer.

Dealers will still need to notify all their places of business to the police. If they keep their register on a computer they must ensure that it can readily be printed out.

Police powers of search

From 1 July 1997 police powers of search under the Firearms Acts will apply to police civilian employees, as well as to police officers, who are authorised by search warrant. They will have power to require a printout of a firearms dealer's register.

Civilian police staff will be able to inspect approved shooting clubs and firearms dealers' premises.

Approved rifle and muzzle-loading pistol clubs

The Secretary of State's approval of a target shooting club allows club members to be possession of firearms, and shoot, without holding firearm certificates issued by the police. From 1 October 1997 this approval will be available only to rifle and muzzle-loading pistol clubs (or to combined rifle and muzzle-loading pistol clubs).

There will be changes to the detailed rules (approval criteria) which govern approved clubs. There will be an announcement about this later.

Museum firearms licences

There will be an extension to the categories of museum eligible for a museum firearms licence from the Home Office or Scottish Office. The licence enables museums to hold firearms - including handguns and other prohibited weapons - without a police certificate. Further information is available from the Home Office and Scottish Office. Guns powered by carbon dioxide (CO2) From 1 July 1997 guns powered by compressed carbon dioxide (CO2) will be treated in the same way as air weapons. CO2 powered air rifles will not require a police firearm certificate if they have a muzzle energy of less than 12 ft lb. Air pistols will not require a certificate if they have a muzzle energy of less than 6ft lb.

The 1997 Act allows for low-powered CO2 guns to be used in paintball games.

Tranquilliser guns and darts

These are regarded as prohibited weapons whose possession requires the authority of the Secretary of State. But from 1 July 1997 there will be special arrangements for users to have them without the authority of the Secretary of State. They will need a police firearm certificate or visitor's permit which specifies that the gun and ammunition are only used for the treatment of animals.

This does not apply to dealers in this equipment. They will continue to need the authority of the Secretary of State and to be registered by the police as firearms dealers.

Further information

If you have any queries about this leaflet you can get further advice from your police force firearms licensing department.