The Firearms Law Handbook

Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Material
Table of Other Material
List of Abbreviations
1GENERAL DEFINITIONS
Introduction
Definition of ‘firearm’
Deactivated firearms
Definition of ‘ammunition’
Component parts of ammunition
General exceptions to the control of firearms
Expert evidence
2PROHIBITED WEAPONS AND AMMUNITION
General overview
Definition of prohibited weapons
Component parts of prohibited weapons
Definition of prohibited ammunition
Dealings with prohibited weapons and prohibited ammunition
3THE LICENSING OF SECTION 1 FIREARMS AND AMMUNITION
Definition of section 1 firearms
Definition of section 1 ammunition
When do I need a firearm certificate?
Exceptions from the need to hold a firearm certificate
How do I get a firearm certificate?
Delays in renewal and automatic extension of certificates
‘Good reason’ for requiring firearms
Assessment of the application
When should a firearm certificate be granted – the test
Conditions imposed upon firearm certificates
What else should I know about firearm certificates?
Section 1 ammunition
Transfer, deactivation and loss or destruction of section 1 firearm and ammunition
Work on section 1 firearms and ammunition
4SHOTGUNS AND THEIR AMMUNITION
Definition of ‘shotgun’
When do I need a shotgun certificate?
How do I get a shotgun certificate?
‘Danger to public safety or the peace’
What else should I know about shotgun certificates?
The possession offence in relation to shotguns
Transfer, deactivation and loss or destruction of shotguns and their ammunition
Shotgun ammunition
Work on shotguns and their ammunition
Purchases in the European Community
5REFUSAL, REVOCATION AND APPEAL
Refusal and revocation
The process of appeal
A section 44 appeal is ‘on the merits’
These are ‘inter parties’ proceedings
Directions/documents for the appeal
Evidence
The hearing
The issues to be considered by the courts
The costs of appeal
Prohibited persons – applications to remove a prohibition under section 21
6POLICE PERMITS
7EXPORTS AND IMPORTS OF FIREARMS: VISITORS’ PERMITS AND EUROPEAN FIREARMS PASSES
Export and import
Seizure of goods brought into the United Kingdom
Visitors’ permits
European firearms pass
Purchases in the European Community
8SECURITY OF FIREARMS AND AMMUNITION
Introduction
Storage
In use
9IMITATION FIREARMS
Imitation firearms
Imitation firearms which are ‘readily convertible’
Realistic imitation firearms
Importation of realistic imitation firearms
Importation of knives
10SHOOTING GAME
What is meant by ‘game’?
When can I shoot game?
Game licences
Sale of game
Ownership of game and neighbours’ rights
Shooting game on the foreshore and over water
11POACHING
Introduction
Poaching in the daytime
Poaching by night
Poaching by day or night
Powers of police
12PROTECTED BIRDS AND ANIMALS
Introduction
Wildlife and Countryside Act 1981
Deer Act 1991
Conservation of Seals Act 1970
Marine (Scotland) Act 2010
Protection of Badgers Act 1992
Other legislation
13THE TENANT’S RIGHT TO SHOOT
Common Law
Ground Game Act 1880
14YOUNG PEOPLE AND GUNS
Summary
15CRIMINAL OFFENCES RELATING TO FIREARMS: GENERAL RESTRICTIONS ON SHOOTING AND CARRYING GUNS
Introduction
Unlawful possession of firearms and ammunition
Possession offences
Other offences relating to possessing firearms
Offences concerning the use of firearms
Possession by persons prohibited from possessing firearms
Having offensive weapons in a public place
Bladed articles
Trespassing with a firearm
Trespassing with a weapon of offence
Shooting on or near the highway
Shooting beyond premises
Shooting in cemeteries and burial grounds
Possession of firearms when drunk
Possession of a firearm, or imitation firearm with intent to cause fear of violence
Regulatory offences regarding certificates
16FIREARMS DEALERS
Who is a firearms dealer?
Registration of firearms dealers
Conditions of registration
Registration of a new place of business
Removal from register of dealer’s name or place of business by the police
The register of firearms transactions
Registered firearms dealers’ servants
Remote sales
Sales for export
Carriers
Storage of explosives by a firearms dealer
Consequences of conviction of firearms dealers
Anonymous surrenders of firearms and ammunition from the public
17MUSEUMS’ FIREARMS LICENCES
Antique firearms: Home Office Guidance to the police
Museums for which firearms licences may be Issued
Close Seasons for shooting game and deer
Wild birds which are protected by special penalties
Wild birds which may be killed or taken outside the close season
Close seasons outside which wild birds listed at e1 above may be killed, injured or taken
Licences for shooting wild birds and wild animals
Wild animals which may not be killed or taken by certain methods
Particulars to be entered by firearms dealer in register of transactions
Firearms of historic interest
APPENDICES
AAntique firearms: Home Office guidance to the police
BMuseums for which firearms licences may be issued
CClose seasons for shooting game and deer
DWild birds which are protected by special penalties
E1Wild birds which may be killed or taken outside the close season
E2Close seasons outside which wild birds listed at E1 above may be killed, injured or taken
FLicences for shooting wild birds and wild animals
GWild animals which may not be killed or taken by certain methods
HParticulars to be entered by firearms dealer in register of transactions
IFirearms of historic interest