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Q327: Are BB guns toys? Can they be in the possession of young children?

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.

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It is an offence to possess certain weapons in private unless a defence applies, please see the table below for a full list of these weapons:
 
Knife TypeDescription
Butterfly knivesAlso known as ‘balisongs’. A handle that splits in the middle to reveal a blade.
Disguised knivesA blade or sharp point hidden inside something that looks like an everyday object such as a buckle, phone, brush or lipstick.
Flick knives or gravity knivesAlso known as ‘switchblades’ or ‘automatic knives’. Folding knives where the blade opens automatically, by gravity or by pressing a button or something else on the knife.
Stealth knivesNon metal knives or spikes which are not made for use at home, for food or as a toy.
Zombie knivesSometimes referred to as a zombie killer knife or zombie slayer knife. It is a knife with a cutting edge, a serrated edge and images or words suggesting it is used for violence.
SwordsA curved blade over 50 centimetres, with some exceptions such as antiques, swords made to traditional methods, swords made before 1954, certain religious reasons or for the purposes of an organisation holding a historical activity or sporting activity for which public insurance liability is held.
SwordstickA hollow walking stick or cane containing a blade.
Push daggerA knife where the handle fits within a clenched fist and the blade comes out from between two fingers.
BlowpipesSometimes known as ‘blow guns’. A hollow tube out of which hard pellets or darts are shot by the use of breath.
Telescopic truncheonsA knife that extends automatically, or by pressing a button or spring that is in or attached to the handle.
BatonsStraight, side-handled or friction-lock truncheons.
Hollow kubotanA cylinder-shaped container containing a number of sharp spikes
ShurikensAlso known as ‘shaken’, ‘death stars’ or ‘throwing stars’. A hard non-flexible plate with three or more sharp radiating points, designed to be thrown.
Kusari gamaA sickle attached to a rope, cord, chain or wire.
Kyoketsu shogeA hook-knife attached to a rope, cord, chain or wire.
Kusari or ‘manrikigusari’A weight or hand grip attached to a rope, cord, chain or wire.
HandclawsA band of metal or other hard material worn on the hand, from which sharp spikes come out.
FootclawsA bar of metal or other hard material worn on the foot, from which a number of sharp spikes come out.
Knuckle dustersA band of metal or other hard material worn on one or more fingers.
Cyclone or spiral knivesA blade with one or more cutting edges that form a spiral and come to a point.
Belt buckle knifeA buckle which incorporates or conceals a knife.
 
 
A Zombie-style knife or machete
 
 

A bladed article with a plain cutting edge, a sharp pointed end, and a blade of over 8 inches in length (the length of the blade being the straight-line distance from the top of the handle to the tip of the blade). With one or more specified features (it must not meet the definition of a zombie knife):

  • a serrated cutting edge (other than a serrated cutting edge of up to 2 inches next to the handle);
  • more than one hole in the blade;
  • spikes;
  • more than two sharp points in the blade (other than a a sharp point where the angle between the edges which create the point is an angle of at least 90 degrees or, a sharp point on the cutting edge of the blade near the handle).
 
Defences for possession in private include:
  • the weapon is of historical importance
  • the weapon is an antique (manufactured more than 100 years ago)
  • in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery
  • educational purposes
  • theatrical performances and rehearsals, the production of films and television programmes
  • conduct carried out on behalf of the Crown or of a visiting force
  • the weapon was made by certain hand made methods (zombie-style knives and machetes only)
  • the weapon is blunt (zombie-style knives and machetes and a sword with a curved blade of 50 centimetres or over in length)
Whether a defence applies will be judged on a case by case basis and will ultimately be a matter for a court to decide.
 
If you are unsure whether an item in your possession is illegal or you wish to surrender a weapon, you should contact your local police force. 
 
Please also see the links below which provide information on the law relating to possession of knives and offensive weapons in public places:
 
Q337 (Is it illegal to carry a knife around in my pocket?)
Q338 (What is the definition of an offensive weapon?) 

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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.

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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.

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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.

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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.

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Question

Q327: Are BB guns toys? Can they be in the possession of young children?

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.
 
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