Q325: How old do you have to be to have an air weapon or shotgun?

• 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)

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).

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.

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.

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.