Firearms (Amendment) Act 1997
Firearms (Amendment) Act1997
1997 Chapter 5
An Act to amend the Firearms Acts 1968 to 1992 to make provision in relation to the licensing and regulation of pistol clubs to make further provision for regulating the possession of, and transactions relating to, firearms and ammunition and for connected purposes.
[27th February 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
calibre pistolsProhibition of weapons and ammunition and control of small
General prohibition of small firearms etc.
1 Extension of s.5 of the 1968 Act to prohibit certain small firearms etc.
(1) Section 5 of the Firearms Act 1968 (referred to in this Act as ‘the 1968 Act’) shall have effect with the following amendments.
(2) In subsection (1) (which describes weapons which are prohibited by section 5), after paragraph (ab) there shall be inserted the following paragraph—
‘(aba) any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a small-calibre pistol, a muzzle-loading gun or a firearm designed as signalling apparatus’.
(3) In paragraph (ab) (self-loading or pump-action rifles) of that subsection, for the word ‘rifle’ there shall be substituted the words ‘rifled gun’.
(4) In paragraph (ac) (self-loading and pump-action smooth-bore guns) after the word ‘not’ there shall be inserted the words ‘an air weapon or’.
(5) In paragraph (ad) (smooth-bore revolver guns), for the words from ‘loaded’ to the end there shall be substituted the words ‘a muzzle-loading gun’.
(6) After subsection (7) there shall be inserted the following subsections—
(8) For the purposes of subsection (1)(aba) and (ac) above, any detachable, folding, retractable or other movable butt-stock shall be disregarded in measuring the length of any firearm.
(9) Any reference in this section to a muzzle-loading gun is a reference to a gun which is designed to be loaded at the muzzle end of the barrel or cham ber with a loose charge and a separate ball (or other missile).’
(7) The general prohibition by section 5 of the 1968 Act of firearms falling within subsection (1)(aba) of that section is subject to the special exemptions in sections 2 to 8 below.
(8) In sections 2 to 8 below any reference to a firearm certificate shall include a reference to a visitor's firearm permit.
(9) In section 57 of the 1968 Act (interpretation), after subsection (1) there shall be inserted the following subsection—
(1A) In this Act ‘small-calibre pistol’ means—
(a) a pistol chambered for .22 or smaller rim-fire cartridges or
(b) an air pistol to which section 1 of this Act applies and which is designed to fire .22 or smaller diameter ammunition.’
Special exemptions from prohibition of small firearms
2 Slaughtering instruments.
2. The authority of the Secretary of State is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act—
(a) for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a slaughtering instrument if he is authorised by a firearm certificate to have the instrument in his possession, or to purchase or acquire it
(b) for a person to have a slaughtering instrument in his possession if he is entitled, under section 10 of the 1968 Act, to have it in his possession without a firearm certificate.
3 Firearms used for humane killing of animals.
3. 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 if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with the humane killing of animals.
4 Shot pistols used for shooting vermin.
(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 shot pistol if he is authorised by a firearm certificate to have the shot pistol in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with the shooting of vermin.
(2) For the purposes of this section, ‘shot pistol’ means a smooth-bored gun which is chambered for .410 cartridges or 9mm rim-fire cartridges.
5 Races at athletic meetings.
5. The authority of the Secretary of State is not required by virtue of subsection (1)(aba) of section 5 of the 1968 Act—
(a) for a person to have a firearm in his possession at an athletic meeting for the purpose of starting races at that meeting or
(b) for a person to have in his possession, or to purchase or acquire, or to sell or transfer, a firearm if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that it is only for use in connection with starting races at athletic meetings.
6 Trophies of war.
6. 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 a firearm which was acquired as a trophy of war before 1st January 1946 if he is authorised by a firearm certificate to have it in his possession.
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 1st January 1919 and
(b) is of a description specified under subsection (2) below,
if he is authorised by a firearm certificate to have the firearm in his possession, or to purchase or acquire it, subject to a condition that he does so only for the purpose of its being kept or exhibited as part of a collection.
(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 1st January 1919 and
(b) ammunition for firearms of that type is not readily available.
(3) 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) is of particular rarity, aesthetic quality or technical interest, or
(b) is of historical importance,
if he is authorised by a firearm certificate to have the firearm in his possession subject to a condition requiring it to be kept and used only at a place designated for the purposes of this subsection by the Secretary of State.
(4) This section has effect without prejudice to section 58(2) of the 1968 Act (antique firearms).
Weapons and ammunition used for treating animals
8 Weapons and ammunition used for treating animals.
8. The authority of the Secretary of State is not required by virtue of subsection (1)(aba), (b) or (c) 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, any firearm, weapon or ammunition designed or adapted for the purpose of tranquillising or otherwise treating any animal, if he is authorised by a firearm certificate to possess, or to purchase or acquire, the firearm, weapon or ammunition subject to a condition restrictin g its use to use in connection with the treatment of animals.
Prohibited ammunition: expanding ammunition and missiles for expanding ammunition
9 General prohibition of expanding ammunition etc.
9. In section 5(1A) of the 1968 Act...
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