Select Committee on Home Affairs Appendices to the Minutes of Evidence


Annex

  Section 1(3)(b) of the Firearms Act 1968 provides that section 1 of the Act does not apply to certain air weapon, eg they are NOT to be regarded as section 1 firearms. It states:

  1(3)  This section applies to every firearm except

    (a)  a shot gun;

    (b)  an air weapon (that is to say, an air rifle, air gun or air pistol not of a type declared by rules made by the Secretary of State under section 53 of this Act to be specially dangerous).

Notes:

  (i)  While "air gun", "air rifle" and "air pistol" are terms not defined in the Firearms Act 1968 in the absence of any case law it appears to be a matter of appearance and common sense. Therefore an "air gun" could be described as a weapon that has an unrifled barrel; an "air rifle" as a weapon that does have a rifled barrel; and an "air pistol" as a weapon designed to be fired reasonably accurately using one hand.

  (ii)  It may assist understanding if it is recognised that legislation which made handguns into prohibited weapons set a maximum barrel length of 30cm or an overall length of 60cm for such weapons, so an "air pistol" is likely to be of that size or smaller" however, it will ultimately be a matter for a court to decide.

  (iii)  Section 48 of the Firearms (Amendment) Act 1997 expanded "air weapon", that is an air rifle, air pistol or air gun to now include any such weapon powered by compressed carbon dioxide.

  Subsections 22(1) and 22(1A) of the Firearms Act 1968 restricts the acquisition and possession of firearms and ammunition by persons under seventeen years of age. They state:

  22(1)  It is an offence for a person under the age of 17 to purchase or hire any firearm or ammunition.

  22(1A)  Where a person under the age of eighteen is entitled, as the holder of a certificate under this Act, to have a firearm in his possession, it is an offence for that person to use that firearm for a purpose not authorised by the European weapons directive.

  Subsections 22(5) of the Firearms Act 1968 places restrictions on the possession of a firearm in a public place. It states:

  22(5)  Subject to Section 23 it is an offence for a person under the age of seventeen to have an air weapon with him in a public place, except an air gun or air rifle which is so covered with a securely fastened gun cover that it cannot be fired.

  Subsections 24(1) of the Firearms Act 1968 restricts the supply of firearms to persons under seventeen years of age. It states:

  24(1)  It is an offence to sell or let on hire any firearm or ammunition to a person under the age of 17.

  Subsection 22(3) of the Firearms Act 1968 imposes restrictions on persons under 15. These are in addition to those imposed by subsection 22(1) and 24(1) on persons under 17 years. It states:

  22(3)  It is an offence for a person under the age of 15 to have with him an assembled shotgun except while under the supervision of a person of or over the age of 21, or while the shot gun is so covered with a securely fastened gun cover that it cannot be fired.

  24(3)  It is an offence to make a gift of a shot gun or ammunition for a shot gun to a person under the age of 15 .

  Subsections 22(2), 22(4), 24(2) and 22(4) of the Firearms Act 1968 place tight restrictions on persons under the age of fourteen years possessing, receiving as gifts or on loan firearms and air weapons. These restrictions are in addition to those imposed on persons under 17 years and under 15 years of age. They state:

  22(2)  It is an offence for a person under the age of 14 to have in his possession any firearm or ammunition to which section 1 of this Act or section 15 of the Firearms (Amendment) Act 1988 applies, except where under subsections 11(1), (3) or (4) of this Act he is entitled to have possession of it without holding a firearm certificate.

  22(4)  Subject to Section 23, (which provides exceptions with regard to possession of air weapons by young persons) it is an offence for a person under the age of 14 to have with him an air weapon or ammunition for an air weapon.

Note:

  (This provision applies anywhere and not just in a public place.)

  24(2)  It is an offence—

  (a)  to make a gift of or lend any firearm or ammunition to which Section 1 of this Act applies to a person under the age of 14; or

  (b)  to part with the possession of any such firearm or ammunition to a person under that age, except in circumstances where that person is entitled under section 11(1), (3) or (4) of this Act or Section 15 of the Firearms (Amendment) Act 1988 to have possession thereof without holding a firearm certificate.

  24(4)  It is an offence—

  (a)  to make a gift of an air weapon or ammunition for an air weapon to a person under the age of 14; or

  (b)  to part with the possession of an air weapon or ammunition for an air weapon to a person under that age except where by virtue of Section 23 of this Act the person is not prohibited from having it with him.



 
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