Shotguns and their Ammunition
Author | Laura Saunsbury/Nick Doherty |
Pages | 83-95 |
Chapter 4
Shotguns and their Ammunition
DEFINITION OF ‘SHOTGUN’
4.01 The F(A)A 1988, substituting a new definition of ‘shotgun’ for that formerly supplied by the FA 1968, defines that term to mean:
A smooth-bore gun (not being an air gun)
(a) has a barrel not less than 24 inches long
(b) either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and
(c) is not a revolver gun.
As to paragraph (b) above, a gun which has been adapted to have a non-detachable magazine will not fall within the definition unless the conditions concerning approved marks, which are detailed in para 3.04, items (a) and (b), are fulfilled.
4.02 In short summary a ‘shotgun’ is a smooth-bored gun, either single- or double-barrelled, with barrels at least 24 inches long. It may be pump-action or self-loading (but not a revolver), but if so it must have a magazine capacity limited to two shots. This is in addition to the round in the chamber. If such a gun has a greater magazine capacity it falls within section 1 and must be held on a firearm certificate. If it has a barrel less than 24 inches it is in section 1. If it were to have a large capacity magazine and a barrel shorter than 24 inches, then it becomes a
(FA 1968, s 57(6)(a); F(A)A 1988, s 25(1)).
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prohibited weapon.
4.03 The definition of ‘shotgun ammunition’ is only provided by the Firearms Acts by exemption. As we have seen at para 3.12, ordinary shotgun ammunition
is excluded from the kinds of ammunition which are classified as section 1 ammunition and therefore does not require separate certification.
WHEN DO I NEED A SHOTGUN CERTIFICATE?
4.04 Shotgun certificates were introduced in 1968 to counter the increasing use of shotguns for criminal purposes. Briefly, the intention was to control the use of shotguns by means of certificates similarly to, but less strictly than, the ways in which rifles and handguns had been controlled by firearm certificates for many years. Shotgun ammunition is not, however, controlled by certificates, although production of a certificate is required to purchase shotgun ammunition.
4.05 You will commit an offence
(a) If you use a shotgun at a time and place approved for shooting at artificial targets by the chief officer of police for the area in which that place is situated.
(b) If you hold a firearm certificate issued in Northern Ireland which authorises you to possess a shotgun.
(c) If you borrow a shotgun from the occupier of private premises
(d) If you are able to bring your case within any one of the exceptions applying to firearm certificates which are at para 3.22 et seq, ‘Exceptions from the need to hold a firearm certificate’. In the case of the exception regarding the person for whom a shotgun is carried, that person will require a shotgun certificate instead of a firearm certificate. See para 3.28 et seq for details.
(e) If you hold a visitor’s shotgun permit.
HOW DO I GET A SHOTGUN CERTIFICATE?
4.06 Firearms Rules regulating applications for shotgun certificates came into force on 1 September 1998. For general observations about making applications for a firearm certificate, which apply equally to applications for a shotgun certificate, see para 3.53 et seq, ‘How do I get a firearm certificate?’.
4.07 Your reasons for having the gun are not required to be given on your application. This appears to be a strange omission since, as mentioned below, the absence of a good reason will entitle the police to refuse the certificate. Despite this omission, satisfactory reasons will be needed by the police. That said, the threshold to demonstrate good reason for having a shotgun certificate is generally somewhat lower than the corresponding requirement to demonstrate good reason for having a firearm certificate.
4.08 The certificate will list particulars of the shotguns to be covered by it and provide for entries to be made when a gun is transferred (including the identification numbers if known).
18(1), 19, 25(1). As to visitors’ shotgun permits, see Chapter 7.
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4.09 Except in the cases mentioned in para 4.20, where the police cannot issue a certificate, a certificate will be issued to you if the police are satisfied that you can be...
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