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Firearms Dealers

Document Cited authorities 7 Cited in Related
AuthorLaura Saunsbury/Nick Doherty
Pages235-249

Chapter 16

Firearms Dealers

WHO IS A FIREARMS DEALER?

16.01 For the purposes of the regulations relating to firearms dealers, a firearms dealer is defined as a person who, by way of trade or business, manufactures, sells, transfers,1repairs, tests or proves any section 1 firearm2or section 1 ammunition3or a shotgun.4

16.02 Firearms dealers have come under increased scrutiny from the authorities in recent years as a result of a few bad apples and high-profile cases. Although a very small proportion of overall transactions in firearms, there have been instances of dealers providing firearms to criminals. In almost all cases these have in fact been items which were antiques (and therefore not subject to licensing) being supplied with suitable ammunition, or they have been deactivated firearms which have been reactivated. For obvious reasons, any firearm which is recorded on the NFLMS5and entered on to a dealers’ register is traceable and so would be difficult to transfer to a criminal. This problem with a small number of dealers has been given the name ‘Lawful to unlawful’ by the National Ballistics Intelligence Service (NABIS) and the West Midlands Police.

16.03 As a result of these concerns the National Police Chiefs Council published a 7-page document entitled Good Practice Guide for Registered Firearms

1‘Transfer’ is defined as including letting on hire, giving, lending and parting with possession (FA

1968, s 57(4)).

2For the meanings of these words, see para 3.01 et seq. An imitation firearm may also fall to be treated as a section 1 firearm (Firearms Act (FA) 1982, s 2(1)). See, further, Chapter 9.

3For the meanings of these words, see para 3.12. An imitation firearm may also fall to be treated as a section 1 firearm (FA 1982, s 2(1)). See, further, Chapter 9.

4FA 1968, s 57(4). The meaning of ‘shotgun’ includes any component part of it and any accessory to it designed or adapted to diminish the noise or flash caused by firing it (FA 1968, s 57(4)).

5The NFLMS; a computerised record of all lawfully held firearms in the UK.

236 The Firearms Law Handbook

Dealers (Good Practice Guide)6in 2017. This guide does not have force of law, and indeed some of the recommendations do not have a statutory basis. Having said that, all dealers would be well advised to be familiar with it and to follow the advice given. In cases of doubt you should seek the advice of your local licensing department, the Gun Trade Association (GTA), the British Association for Shooting & Conservation (BASC) or a lawyer who understands this area of law. Chapter 16 of the Home Office Guide also deals with the registration of dealers.

REGISTRATION OF FIREARMS DEALERS

16.04 The police are obliged to keep a register of firearms dealers and, with the exceptions mentioned in the list below, to enter in it the name and places of business of any person who, having or proposing to have a place of business in the police area, applies to be registered.7Application should be made to the local police firearms licensing department on a form provided by them if you are a firearms dealer within the definition discussed above.8Upon registration, a certificate will be issued to you.9A £200 fee10is payable on issue, not on application, although you send the cheque on application.11The certificate lasts for 3 years from the date on which it was granted,12unless the registration is cancelled under the provisions later to be considered at para 16.16 et seq. But in the following cases the police may, and in one case must, refuse registration:

(a) Registration of the applicant mustbe refused where a court, following conviction of the applicant, has ordered that he shall not be registered.13

6This should be available from your local licensing department or the GTA. It is helpfully placed on the BASC website: https://basc.org.uk/wp-content/uploads/2013/02/Good-Practice-Guide-for-Registered-Firearms-Dealers.pdf.

7FA 1968, ss 33, 57(4). For form of register, see Firearms Rules 1998, r 10(3) and Sch 5, Part III.

8FA 1968, s 33(3); Firearms Rules 1998, r 10(1) and Sch 5, Part I.

9FA 1968, s 33(4).

10The amount of the fee may be varied, or abolished altogether, by order of the Home Office (FA

1968, s 43(1)).

11FA 1968, s 35(1), as amended by the Firearms (Variation of Fees) Order 1994. No fee is payable, however, when your only place of business was already registered in one police area and by boundary changes falls into a new police area, or when, being already registered in one police area, you propose transferring your only place of business to another police area (FA 1968, s 35(2)).

If you apply to be registered for dealing at a game fair, trade fair or exhibition, agricultural show or similar event, and your principal place of business is registered in another area, the fee is £12 (FA 1968, s 35(1A); Firearms (Variation of Fees) Order 1994).

12FA 1968, s 33(5); F(A)A 1988, s 13(1).

13FA 1968, s 34(1). For the cases where a court in Great Britain may make such an order, see para 16.35. Courts in Northern Ireland may also make these orders.

(b) Registration of the applicant may be refused if the police are satisfied that the applicant cannot be permitted to carry on his business without danger to the public safety or to the peace.14

(c) Registration of a place of businessmay be refused if the police are satisfied that it is a place at which the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace.15

(d) Registration of the applicant may be refused unless the police are satisfied that the applicant will engage in business as a firearms dealer to a substantial extent or as an essential part of another trade, business or profession.16

16.05 There is an appeal to the Crown Court against a refusal of the police in any of these cases.17Notice of the appeal must be given within 21 days from the receipt of the decision of the police to refuse.18

16.06 An RFD must, on or before the expiration of 3 years from the date of its grant, surrender his certificate of registration to the police and apply on the appropriate form for a new certificate. If granted, it will cost £30019and will last for a further 3-year period unless the registration is cancelled under the provisions considered at para 16.16 et seq.20It can only be refused if the police are satisfied that the applicant is no longer carrying on business as a firearms dealer, or that he has ceased to have a place of business in the police area, or that he cannot be permitted to carry on such a business without danger to the public safety or to the peace.21

14FA 1968, s 34(2). There can, however, be no refusal on this ground where the applicant has been authorised by the Home Office to deal in prohibited weapons or prohibited ammunition, for which see FA 1968, ss 5, 34(3), 57(4); Transfer of Functions (Prohibited Weapons) Order 1968, arts 2(a) and 3(1)).

For some decisions on ‘danger to the public safety or to the peace’, see Chapter 4.

15FA 1968, s 34(4). See also the second part of point (b) in the list above.

16FA 1968, s 34(1A); F(A)A 1988, s 13(2).

17FA 1968, ss 34(5), 44(1), (2).

18FA 1968, ss 34, 44 and Sch 5, Part II. You should consult a solicitor at once if you are considering making an appeal.

19The amount of the fee may be varied, or abolished altogether, by order of the Home Office (FA
1968, s 43(1)).

20FA 1968, ss 33(5) and 35(3), as amended by the Firearms (Variation of Fees) Order 1994; F(A)A
1988, s 13(1).

21FA 1968, ss 33(5), 38(1). The last ground of refusal does not apply where the dealer has been authorised by the Home Office to manufacture or deal in prohibited weapons or prohibited ammunition, as to which see FA 1968, ss 5, 38(2); Transfer of Functions (Prohibited Weapons) Order 1968, Articles 2(a) and 3(1)).

For an interpretation of ‘danger to the public safety or to the peace’, see para 4.10 et seq and para 5.39 et seq.

238 The Firearms Law Handbook

16.07 It is an offence if:

(a) any person, by way of trade or business, manufactures, sells, transfers,22

tests, proves, exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof, any section 1 firearm,23section 1 ammunition24 or shotgun25 without being registered as a firearms dealer;26
(b) any person knowingly or recklessly makes a statement which is false in any material particular for the purpose of procuring the...

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