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Firearms


Answer

An antique firearm is not defined in the law but guidelines from the Home Office suggest the following may be considered as antique:

    • A muzzle loading firearm of original manufacture (not a modern made replica or reproduction).
    • Any breech-loading firearm using a rim-fire cartridge exceeding .23 (but not 9mm).
    • A breech-loading firearm of original manufacture, using an ignition system other than rim-fire or centre (e.g. flintlock or percussion).
    • A breech loading centre fire firearm originally chambered for cartridges, which are now obsolete AND retaining that original chambering.

Evidence of antique status may include an indication of date of manufacture, details of technical obsolescence, a lack of commercial availability or suitable ammunition, or a written opinion by an accredited expert.

There is a further requirement that any 'antique firearm' is kept purely as a curiosity or ornament not to be fired and for which no ammunition is authorised. If there is any indication that a firearm is to be used (not held purely as a curiosity or ornament), it should not be regarded as an antique and normal certification procedures would apply. The intent to fire an antique weapon, even with blank ammunition or charge (i.e. historical enactment) would take it beyond the term of being held as a curiosity or ornament.

Similarly, if modern ready-made ammunition can be readily acquired and used the weapon may not be considered as an antique (this is a Home Office guidance to help the police, a court will make the final decision if necessary).

If a person wishes to shoot any antique firearm or shotgun it must be shown on their certificate and properly recorded with the police. However, each case should be dealt with on its merits and advice on individual weapons can be sought from the relevant force's firearm department.


Answer

A deactivated weapon is a firearm that has been rendered incapable of discharging any shot, bullet or other missile and has consequently ceased to be a firearm if:

  • the weapon bears a mark which has been approved by the Secretary of State for denoting the fact that it has been deactivated;

AND

  • that company or person certifies in writing that work has been carried out on the firearm in a manner approved by the Secretary of State for rendering it incapable of discharging any shot, bullet or missile.

The marks referred to above are:

  • Crossed swords with DA and the year round them for the Birmingham, Proof House; and
  • DA over a sword and the year for the London Proof House (there are only these two proof houses).

Deactivated Weapons

Every deactivated weapon must also have with it a certificate stating that deactivation work has been carried out on it.

Deactivation differs from conversion in that a converted weapon may still fire but a deactivated one may not.

If a weapon is defectively deactivated, it is an offence to make it available for sale or as a gift to another person, or to sell or give it (as a gift) to another person. A weapon is a defectively deactivated weapon if:

  • it was at any time a firearm,
  • it has been rendered incapable of discharging any shot, bullet or other missile, but
  • it has not been rendered so incapable in a way that meets the technical specifications for the deactivation of the weapon that apply at the time when the weapon is made available for sale or as a gift or (as the case may be) when it is sold or given as a gift.

This offence does not apply if the weapon is sold or given as a gift by a museum, to another museum, both of which have a museum firearms licence.

A Registered Firearms Dealer is the best person to speak to if you are require a weapon to be deactivated. They can make all the necessary arrangements for you, including deactivation of the weapon and getting it proofed. You should not 'deactivate' a weapon yourself; for instance by filling in the barrel or filing off the firing pin. In such circumstances the weapon will still remain a 'firearm' and require to be held on a certificate. Deactivation needs to be carried out by a qualified gunsmith in order to meet the standard necessary for proofing.


Answer

A shotgun is not subject to section 1 of the Firearms Act 1968, but will require a shotgun certificate, if it is a smooth-bore gun (not being an air gun) which:

    • has a barrel of 24 inches or more in length;
    • does not have a barrel with a bore that exceeds 2 inches in diameter;
    • does not have a magazine or has a detachable magazine that is incapable of holding more than 2 cartridges; and
    • is not a revolver gun.

Shotguns of either a self-loading or pump-action style, with a barrel less than 24 inches in length or are less than 40 inches in length overall, and have a fixed magazine that can hold 2 or more cartridges, are classed as shotguns to which section 1 of the Firearms Act 1968 refers and are subject to the restriction of a firearms certificate.

Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.


Answer

Air weapon

  • It is an offence for a person under the age of 18 to purchase or hire an air weapon or ammunition for an air weapon.
  • It is an offence to sell, let on hire or make a gift of an air weapon or ammunition for an air weapon to a person under the age of 18.
  • It is an offence for anyone under the age of 18 to have with them an air weapon or ammunition for an air weapon unless:
    • they are under the supervision of a person aged 21 or over;
    • they are shooting as a member of an approved target shooting club;
    • they are shooting at a shooting gallery and the only firearms being used are either air weapons or miniature rifles not exceeding .23 inch calibre;
    • the person is 14 years old or above and is on private premises with the consent of the occupier.
  • It is an offence to part with possession of an air weapon, or ammunition, to a person under the age of 18 except under the special circumstances mentioned immediately above.
  • It is an offence to a supervising adult to allow a person under the age of 18 to use an air weapon for firing a pellet beyond the boundaries of any premises.

Shotgun

  • There is no minimum age to get a shotgun certificate but a person under the age of 14 years may not be granted a firearm certificate in any circumstances.
  • A person under 15 years old may not have with them an assembled shotgun, except while under the supervision of a person of or over the age of 21, or while the shot gun is covered with a securely fastened gun cover so that it cannot be fired.
  • A person under the age of 18 may not purchase a firearm or ammunition.
  • A person with a shotgun certificate can give or lend a shotgun to a person who is 15 years old on private premises.
  • A person must be 15 years old before they can use a shotgun without being supervised by an adult (who must be at least 21).
  • A young person with their own shotgun certificate can borrow a shotgun for up to 72 hours.
  • Where a firearm or shotgun holder is under the age of 18, responsibility for the secure storage of the firearms and ammunition held on that young person's certificate must be assumed by a person aged 18 or over.
  • A person aged between 14 and 17 may possess and use a section 1 firearm and ammunition as long as they hold a valid firearms certificate for that firearm.
  • It is an offence for anyone to gift a shotgun or shotgun ammunition, to a person under the age of 15.

A person may also use a shotgun on private premises under certain circumstances. A person without holding a certificate may borrow a shotgun from another person on private premises as long as:

  • the weapon is being borrowed for either shooting at artificial targets, hunting animals, or shooting game or vermin;
  • the lender is at least 18 years old, holds a relevant certificate, and either has the right to allow others to enter the premises for the purpose of shooting animals, game or vermin, or, is authorised in writing by such a person to lend weapons on the premises;
  • the borrower's possession and use of the weapon complies with any conditions set out in the lender's certificate; and
  • during the time the weapon is borrowed, the borrower is in the presence of the lender or another person aged 18 or over who holds a relevant certificate and has the right to allow others to enter the premises for the purpose of shooting animals, game or vermin, or is authorised in writing by such a person to lend weapons on the premises.

A person borrowing a shotgun on private premises may also purchase or acquire ammunition on the premises during the time the firearm is borrowed, as long as the ammunition is for use with the borrowed firearm, it is allowed by the lender's certificate, and it complies with any related conditions in the certificate.


Answer

BB guns, which fire plastic or aluminium balls, by different methods such as compressed air or an electrical system) may or may not be firearms and so may or may not be prohibited.

The soft air type of BB gun which is 'toy like', though it may be a little too powerful to be officially classed as a toy, does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium pellets. It will normally have a very low power rating, compared to an average air weapon.

An air weapon is powerful enough to injure and kill in the right circumstances, and, does therefore fit within the definition of a firearm (but is not normally powerful enough to be a section 1 firearm See Q326 regarding the exemption from holding a section 1 firearms certificate for airsoft guns. The average air weapon is probably about 150 times more powerful than a 'toy like' soft BB gun.

If you are unsure whether your BB gun is legal or not, you should check with your police force's firearms department who will be able to advise you.

Given the nature of BB guns and their capabilities, it is not advisable to allow young children to be in possession of them.

Also be aware that many BB guns are extremely realistic and the police treat all reports involving weapons as if they are real live firearms.

Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.


Answer

This will depend on the circumstances.

It is an offence to possess an imitation firearm in a public place unless the person can prove they have lawful authority or a reasonable excuse. It is also an offence to manufacture, import or sell a realistic imitation firearm, or to modify an imitation firearm so that it becomes a realistic imitation firearm. There are some exceptions, for example, weapons used in historical re-enactments, theatrical productions and film making.

It is also an offence to possess an article capable of being used to convert an imitation firearm, where the person intends to use the article (whether by itself or with other articles) to convert such a firearm. Registered firearms dealers are exempt from this offence.

It is an offence to sell an imitation firearm to a person under the age of 18, or for a person under 18 to purchase one.

An imitation firearm has been defined as 'anything, which has the appearance of being a firearm whether or not it is capable of discharging any shot, bullet, or other missile' so could include toy guns. Many imitation weapons are very realistic and until the weapon has been seized, it is difficult to ascertain whether it is genuine or not.

All calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.


Answer

BB guns which fire plastic or aluminium balls by different methods such as compressed air or an electrical system may or may not be firearms and so may or may not be prohibited.

The soft air type of gun which is 'toy like' though it may be a little too powerful to be officially classed as a toy does not fit within the definition of a of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium balls

However, there are more powerful BB guns which could be considered firearms, for which, possession, purchase or acquisition, without holding a valid firearms certificate is an offence.

Possession of a BB guns that looks like a real firearm in a public place will amount to an offence of possession of an imitation firearm, regardless of the power of the gun itself. See Q329 for more information about imitation firearms.

(See Q326 regarding the exemption from holding a section 1 firearms certificate for airsoft guns).

If you are unsure whether your BB gun is legal or not, you should check with your local police force's firearms department who will be able to advise you.

Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.


Answer

Stun guns are prohibited weapons and it is an offence to possess them. A stun gun is a weapon that discharges a large voltage of electricity into its target, rendering them incapable of movement for a short time and are very dangerous. It is illegal to import or mail them into this country and the penalties will apply.

If you are found in possession of a stun gun, you could face up to ten years imprisonment and/or a fine. In order to possess, purchase or acquire, or manufacture, sell or transfer such weapons you must have authority from the Secretary of State.


Answer

You must NOT dispose of it yourself.

You can dispose of ammunition or firearms by either:

    • Surrendering it at your local police station.
    • Handing it to a registered firearms dealer.
    • Giving it to another person who is an authorised firearm certificate holder.

Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.


Answer

  • There is an exemption to requiring a Section 1 Firearms Certificate for certain air weapons (see Q326: Do I need a certificate for an air weapon?).
  • An air weapon can be used on private premises, providing that the prior consent of the owner/occupier is obtained.
  • This is subject to age restrictions - see Q325: How old do you have to be to have an air weapon or shotgun?).
  • It is an offence for anyone shooting or supervising a shoot on private premises to allow ammunition to be fired to go beyond the boundary of those premises.
  • An air weapon can also be used at a shooting club or gallery (e.g. a fair ground).
  • It is an offence for anyone to have an air weapon (whether loaded or unloaded) in a public place without lawful authority or reasonable excuse.
  • It is an offence to discharge a firearm within 50ft of the centre of the highway if by doing so a person using the highway is injured, interrupted or endangered.


Answer

A Taser is a weapon capable of discharging an electrical current and is classified as a prohibited firearm. It is therefore an offence to possess, purchase, acquire, manufacture, sell or transfer such a weapon, without lawful authority. Lawful authority is only granted to bodies such as the Police, and would never cover a member of the general public. Tasers should therefore not be used or be in the possession of any member of the public.

Tasers can be legally used by the Police, however, they are only used by highly-trained officers, who can only use them when and where they are authorised to do so. All Taser use by Police officers is monitored and recorded.

For further information please see links in Related Information. 


Answer

Conductive Energy Devices (CEDs) are otherwise known by their trade name 'Tasers'. In 2004, following a trial in five forces, it was agreed to allow the chief officers of all police forces in England and Wales to make CEDs available to authorised firearms officers for use in authorised firearms operations.

In July 2007, authorised firearms officers were allowed to use CEDs in a wider set of circumstances. These officers are now additionally able to deploy CEDs in operations or incidents where the use of firearms is not authorised, but where they are facing violence or threats of violence where they would need to use force to protect the public, themselves or the subject.

Also announced in July 2007 was the trial in 10 police forces of CED deployment to non-firearms officers facing similar violence or threats of violence. These officers are referred to as Specially Trained Officers or STOs.

The 12-month STO trial commenced on 1 September 2007 and ended on 31 August 2008. It took place in the following forces: Avon & Somerset, Devon & Cornwall, Gwent, Lincolnshire, Merseyside, Metropolitan Police, Northamptonshire, Northumbria, North Wales and West Yorkshire.

Following the success of the trial, from 1 December 2008, CED use was extended to STOs.

On 2 March 2017, following a comprehensive assessment by an independent medical committee, government scientists and the police, the Home Secretary authorised the use of the TASER X2.

With regards to using a TASER for self-defence, please see Q766.


Answer

Conductive Energy Devices (CEDs) are otherwise known by their trade name 'Tasers'. A CED is used in situations of violence and potential violence. Police have a duty to de-escalate events to try to stop situations from turning violent in an effort to protect the public and themselves.

In the UK, the use of a CED does not necessarily mean that electrical discharge is delivered to a person. Because the police recognise that the mere availability of a CED at an incident can help to defuse the situation, they differentiate 'use' into seven types: drawn, aimed, arced, red dot, drive-stun, angled drive-stun and probes fired. The first four types of use do not deliver electrical discharge and comprise the majority (about 80%) of uses by UK police. In the remaining 20%, the majority involve fired probes. Use in one of the drive-stun modes comprises about 1%.

On 80% of occasions when officers are presented with violence or potential violence, the mere presence of the CED is enough to bring that situation to a swift conclusion without the need for physical force to be used. In such dynamic situations, officers aren't always going to know the person's background or medical history. It is in these instances that officers use their experience and training to make a decision on what use of force option to adopt.

If immediate action is needed and a CED is deployed, following the situation calming down, officers will make sure the individual is given immediate medical attention if needed, which includes hospital transfer if necessary. The priority is to remove the risk the person presents to themselves and others with the least intrusive options.

With regards to using a TASER for self-defence, please see Q766.


Answer

Conductive Energy Devices (CEDs) are otherwise known by their trade name 'Tasers'. When CED pulses are applied to the body, either through clothing or directly on the skin, electrical current flows. This current activates nerves under the skin which then cause muscles to contract. When this happens, the contractions produced by the CED override a person's ability to make voluntary movements – the person will not be able to run away or physically attack someone. This muscular incapacitation only continues for as long as the CED discharge is applied.

The normal reaction of a person exposed to the electrical discharge of a CED is pain, coupled with the loss of voluntary muscle control which can result in the subject falling to the ground or freezing on the spot. Recovery from these effects should be almost instantaneous once the discharge turns off. Anyone who is arrested after being subjected to CED discharge is examined by a medical professional.

With regards to using a TASER for self-defence, please see Q766.


Answer

Conductive Energy Devices (CEDs) are otherwise known by their trade name 'Tasers'.

Police forces record and monitor all CED use.

Forces have been issued guidance in relation to monitoring CED use and each force is required to:

• Have a well identified and experienced single point of contact within force who can represent that force at National meetings.

• Have a credible and well-informed CED lead. This person may be the force's Chief Officer lead with responsibility for less-lethal weapons.

• Have knowledge of the police force's position relative to the National picture.

• Have protocols to quality assure all CED use forms. Have a knowledge of CED use statistics and be able to identify and initiate action to investigate anomalies.

• Action response to Freedom of Information Act requests regarding use of CED.

• Anticipate media interest and have a media strategy reflecting the national position.

• Have a comprehensive engagement programme to inform communities as it is essential that they are involved.

• Record complaints correctly - in according with the definition given earlier.

• Have a flow of information with the national Less-Lethal Weapons secretariat who will act as a critical friend for support and guidance.

With regards to using a TASER for self-defence, please see Q766.

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