FIREARMS (AMENDMENT) ACT 1997: SECTION 7

1. The Firearms (Amendment) Act 1997 places most pistols and handguns in the category of 'prohibited weapons', which can only be held under the authority of the Secretary of State. However, section 7 of the 1997 Act provides an exemption for ownership of certain classes of historic guns on the authority of a firearm certificate providing certain conditions are met.

2. This leaflet explains the terms of section 7, and how it might apply in practice.

The advice given here is not legally binding. The decision as to whether to grant a certificate rests with the police as set out in the Firearms Acts 1968-1997. Before granting a certificate in these circumstances, the police will wish to be satisfied that the gun concerned falls within the terms of section 7. The models of guns mentioned in this leaflet are given as examples only, and are not intended to be comprehensive.

Section 7

3. The text of Section 7 is as follows:

Section 7: Firearms of historic interest:

(1) The authority of the Secretary of State is not required by virtue of subsection (1) (aba) of section 5 of the 1968 Act for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm which -

(a) was manufactured before 1 January 1919; and

(b) is of a description specified under subsection (2) below,

(2) The Secretary of State may by order made by statutory instrument specify a description of firearm for the purposes of subsection (1) above if it appears to him that -

(a) firearms of that description were manufactured before 1 January 1919; and;

(b) ammunition for firearms of that type is not readily available.

(a) is of particular rarity, aesthetic quality or technical interest; or

(b) is of historical importance.

(4) This section has effect without prejudice to section 58(2) of the 1968 Act (antique firearms).

Historic pistols which might be kept at home

4. The police may grant a firearm certificate for a firearm to be kept at home under the terms of section 7(1) if the normal criteria for the grant of a certificate are satisfied and if the firearm meets all of three tests:

• it must be of a kind for which the Secretary of State has decided that ammunition is not readily available;
• the actual firearm itself (not just the make or model) must have been manufactured before 1 January 1919; and
• the gun must be kept or exhibited as part of a collection.

• .22" rim-fire
• .25" Auto/6.35mm
• .25" - 50
• .32" Auto/7.65mm
• .32" - 20
• .32" Smith & Wesson
• 7.62mm Soviet Tokarev
• .38" 40 Winchester
• .380" Auto/9mm short
• 9mm Parabellum/9x19mm
• .38 Smith & Wesson
• .38" Special
• .380" - 200
• .44" Special
• .44" - 40 Winchester
• .45" Auto pistol
• .45" Long Colt

7. As well as not being a type for which ammunition is readily available, the individual gun (not just the make or model) must have been manufactured before 1 January 1919. This is a statutory requirement, and the police cannot grant a firearm certificate for a pistol made after this date to be kept at home under section 7(1). The police will wish to be satisfied that the gun concerned falls within this category.

8. Certain types of gun were not made after 1919. These include as examples the following which are chambered for cartridges not considered readily available:

• Adams revolvers
• Bergman M 1903, 1905 1908 pistols
• Borchardt pistols
• Colt: Model 1873 and Model 1878 revolvers in .450, .455 and .476 calibre
• Dutch 9.4mm Model 1873 and 10mm model 1894
• Enfield Mk I and Mk II .476 service revolvers
• French 11mm Models 1870, 1873 and 1874
• German 10.6mm models 1879 and 1883
• Kynoch revolvers
• Lancaster four and two-barrelled pistols
• Mannlicher pistols
• Russian 11mm (.44) S&W models 1871, 1872 and 1874
• Schouboe pistols
• Smith & Wesson Model No.3 revolver in .450, .455 and .44 Russian calibre, First and Second Model hand ejectors in .455
• Webley No.4 and No. 4 1/2 (Pryse) revolvers
• Webley Kaufman & WG models 1889, 1891, 1892, 1893, or marked as WG Army Model or Webley WG target model
• Wilkinson and Webley Wilkinson revolvers

• Astra 400, 600 and 900 pistols
• Beretta: M 1934 pistol M 1935 pistol
• Browning FN: Model 1922 pistol, Model 1935 (also known as GP, Grand Puissance or High Power) in 9mm Parabellum
• Colt:, Official Police and Detective Special revolvers
• Enfield: Service revolvers No. MkI, MkI* and MkI**
• Frommer: Model .37 pistol
• MAB: Model D pistol
• Mauser: Model 1934 pistol and Model HSC pistol
• Radom: VIS 35 pistol
• Sauer: Model 38 H pistol
• Smith & Wesson: Military and police revolver in .38 -200 calibre
• Star: Model B pistol
• Tokarev: Model TT 33 pistol
• Walther: Model PP and Model PPK pistols, P38 pistol in 9mm Parabellum
• Webley: Mark IV revolver
• Unique M17 pistol

• Browning FN: Model 1900 pistol 7.65mm
• Colt: Model 1908 in .25ACP, Model 1917 in 245ACP
• Luger: (see 'Parabellum')
• Mauser: C96 pistol (Broomhandle) in 9mm Parabellum (terminates serial number 135127)
• 'Parabellum-type': DWM or Erfurt made P.08 ('Luger') pistols in 9mm Parabellum calibre
• Walther: Models 1,2,3,4,5 and 7 in 7.65mm
• Webley: Model 1906 pistol in .32 ACP

12. For guns not listed above, the onus is on the owner to provide evidence as to the date of manufacture. This might be, for example, a factory letter, or an extract from a standard reference book, which gives the date of manufacture. Guns should have most of their original working parts in place to qualify as being made before 1919.

Part of a collection

13. The terms of section 7(1) require that the firearms concerned must be 'kept or exhibited as part of a collection'. As this is a legal requirement, the police will wish to be satisfied that the collection is genuine and that the owner has a genuine interest in historic firearms. The collection will usually be of several related firearms of recognisable historic interest, and the owner will have an established interest in collection. If there is any doubt, owners may wish to provide supporting evidence, such as a letter from a relevant museum.

14. If the gun falls into the above category and forms part of a genuine collection, then it might be kept at home without ammunition. If the gun does not fall into the above category, or if the owner wishes to fire the gun, then Section 7 (3) below may apply.

Firearms to be stored at a designated site

15. Section 7(3) provides for owners to store and fire their guns at a site designated by the Secretary of State if they hold a firearm certificate from their local police. The only site likely to be designated in the near future is Bisley Camp in Surrey, but other sites may be so designated in due course. In order to qualify for this exemption, a gun must meet the criteria as set out in Section 7(3) above. The police may wish to consider the following points in deciding whether a gun falls within this category;

• Guns of 'historical importance' will usually be those owned by famous figures or involved in historical events. Owners may wish to provide documentary or photographic evidence as to a gun's history and ownership. In general, guns made before 1919 are likely to be considered of 'historical importance' in themselves due to their age, and guns made after 1945 will be unlikely to qualify on grounds of age alone;
  
• Firearms of 'aesthetic quality' are taken to be those which have been decorated to improve their appearance. Owners may wish to provide an insurance or dealer's valuation to show that the gun is generally considered to be of aesthetic quality. The police will not wish to grant a certificate for a gun modified after 16 October 1996 in order to gain compensation or exemption under the 1997 Act;
  
• Firearms of 'technical interest' will usually be those which show a clear and innovative technical response to a requirement. This would include unusual mechanisms which are not widely copied;
  
• Firearms of 'particular rarity' will include patent and experimental models, as well as those of which few examples survive or those with unusual markings or service history. Certain makes and models would not be considered rare in themselves without any other distinguishing characteristics. These include;
  
• Astra: Models 400, 600 and 900
  
• Beretta: M 1934 pistol in 9mm short and M 1935 pistol in 7.65mm
  
• Browning FN:, Model 1935 (also known as GP, Grand Puissance or
  
• High Power) in 9mm Parabellum
  
• Colt: Model 1911 in .45 ACP, Model 1903 Pocket Hammerless in.32ACP, Model 1908 in .25ACP, Model 1908 in .380ACP, Model 1917 revolver in .45"ACP, Official Police, Police Positive, Police Positive Special, Detective Special
  
• CZ M27 7.65 mm pistol
  
• Enfield: Service (including Albion) revolvers: all marks
  
• Frommer: Model .37 pistol in 7.65mm
  
• Luger: (see 'Parabellum')
  
• MAB: Model D pistol in 7.65mm
  
• Mauser:, Model 1934 pistol in .32ACP, Model HS c pistol in .32ACP
  
• 'Parabellum-type': P 08 nominal 4" barrel 9mm pistol marked S/42 bfy (Mauser)
  
• Radom: VIS 35 pistol in 9mm Parabellum
  
• Sauer: Model 38 H pistol in 7.65mm
  
• Smith & Wesson: Hand ejector 'Military and Police' revolver in .38 S&W,
  
• Star: Model B pistol in 9mm Parabellum
  
• Tokarev: Model TT 33 pistol in7.62mm
  
• Walther: Model 8 pistol in 6.35, Model PP and Model PPK pistols in .32 and .380ACP, P38 pistol in 9mm
  
• Parabellum
  
• Unique: Model 17 pistol (Kriegsmodell)
  
• Webley: Mark IV revolver in .38 calibre

The Reference Panel on Historic Firearms

17. In order to advise on the technical aspects of Section 7, the Home Office has established a Reference Panel, which includes both police officers, civil servants, and experts on historic firearms. The Panel helped to draw up this guidance. Chief officers may also refer applications to the Reference Panel for advice where it does not appear to them that a particular type of firearm is covered by the guidance.

Storage at a designated site

18. The details of storage at designated sites are still under discussion. However, it is expected that owners will lodge their guns with the site authorities under terms agreed between the authorities and the owner. Although shooting facilities and ammunition will be available, owners are not obliged to fire their guns or to visit the site regularly.

19. The designated site must meet criteria laid down by the Home Office as to its proper running. One aspect of this which may be of interest to the police and to owners is that sporting competitions with 'historic' or 'classic' handguns will not be permitted under the Home Office terms of designation.

20. Once a firearm is lodged at a 'designated site' to be fired, it will remain there, even if it is eligible under section 7(1) to be kept at home. Guns should not be allowed to alternate between being held under Sections 7(1) and 7(2), except when sold or transferred to a new owner. Nor should guns be regularly transferred between designated sites.

Dealers

21. The terms of Section 7 apply only to those holding historic guns on a firearm certificate. It does not apply to dealers. Registered firearms dealers who wish to trade in historic handguns will need to obtain authority from the Secretary of State under Section 5 of the Firearms Act 1968.

Museums

22. The Firearms (Amendment) Act 1997 makes changes to the provisions for museum collections. This replaces the existing criteria for holding a museum licence, that the museum must be wholly or principally financed from public funds, with a power for the Secretary of State to set criteria. Any museum or similar body which presently keeps its collection of pistols on an firearm certificate may wish to consider applying to the Home Office for a museum licence.

23. Owners of historic handguns who wish to donate them to a collection may contact either their local museum or the central contact point for museum inquires which is:

Antiques

24. Antiques held as a curiosity or ornament are still exempt from certificate control under the terms of Section 58(2) of the Firearms Act 1968. The Home Office published guidance on the interpretation of Section 58(2) in 1992. Muzzle loading guns which are to be fired are exempt (see muzzle-loaders below). Other guns which would be exempt antiques but are to be fired will only be taken to be of historic importance for the purposes of storage at a designated site if they meet the criteria set out in section 7(3).

Trophies of War

25. Under Section 6 of the Firearms (Amendment) Act 1997, guns acquired as trophies of war before 1946 are exempt from the general prohibition and can be held on a firearm certificate without ammunition as at present. This includes both weapons seized from the enemy, and weapons carried as service arms and retained by their owners. The gun must have been acquired as a trophy of war by the owner or first owner before that date. While a gun which was once seized as a trophy of war may be of historic interest and therefore subject to the exemption under section 7 , it ceases to benefit from section 6 once it passes out of the hands of the current owner.

Muzzle-loaders

26. Muzzle-loading pistols of all vintages, including those to be fired, are exempt from the prohibition on higher-calibre pistols. 'Muzzle-loading gun' is defined under the terms of section 1 of the Firearms (Amendment) Act 1997 as 'a gun which is designed to be loaded at the muzzle end of the barrel or chamber with a loose charge and a separate ball (or other missile)' which would include early 'cap and ball' revolvers. These may be held and fired under the authority of a firearm certificate as at present.

Compensation

27. Owners of historic guns who wish to surrender them may do so. In this case, they may claim compensation in the usual way. If a claim for section 7 status is not resolved by the end of the hand-in period, then the owner must surrender it to the police for storage. If a claim for exemption under section 7 is refused, then the owner has a further month from the date of refusal in which to claim compensation. This allows owners to submit a claim after the normal closing date for applications under the scheme.