The Anti-Social Behaviour Act 2003 has made a number of changes
that affect firearms legislation. There were three main areas which
were amended:
- Possession of firearms in a public place
- Air weapons age limits
- Prohibition of certain air weapons
Changes to UK firearms legislation (July 2010)
The Firearms (Amendment) Regulations 2010 will come into effect
on the 28th July 2010. The effect of the
regulations is - on this date - to raise the age
at which people in England, Wales and Scotland may purchase or hire
firearms or ammunition from the current 17
years of age to 18. There are also changes to the
exemptions for lending and borrowing firearms regarding adult
supervision of under 18's. There are also changes to Northern
Ireland legislation.
Further information on legislation changes is available on
the British Association of Shooting and Conservation
website.
Possession of firearms in a public place
The Anti-Social Behaviour Act 2003 Sec 37 amends Section 19 of
The Firearms Act 1968, which deals with possessing certain firearms
in a public place. This section now reads as follows:
A person commits an offence if, without lawful authority or
reasonable excuse (the proof whereof lies on him) he has with him
in a public place.
a. a loaded shotgun
b. an air weapon (whether loaded or not)
c. any other firearm (whether loaded or not) together with
ammunition suitable for use in that firearm, or
d. an imitation firearm.
Air weapon age limits
Previously, there were certain provisions, which allowed the
possession of air weapons by persons over the age of 14 years. The
Anti-Social Behaviour Act 2003 Sec 38 effectively changes this age
to 17 years.
Prohibition of certain air weapons
The Anti-Social Behaviour Act 2003 Sec 39 created an additional
category of prohibited firearm, added to Sec 5 of The Firearms Act
1968.
The added subsection is Sec 5 (1) (af) and reads as follows:
Any air rifle, airgun or air pistol which uses, or is designed
or adapted for use with, a self-contained gas cartridge system.
From January 20, 2004 it became an offence to manufacture, sell,
purchase, transfer or acquire any air weapon using a self-contained
gas cartridge system.
From May 1, 2004 it has been an offence, punishable by a minimum
of five years and a maximum of 10 years imprisonment, to possess a
self-contained gas cartridge weapon without the necessary firearm
certificate.
What is banned
The ban applies to any air rifle, air gun or air pistol that
uses, or is designed or adapted for use with, a self-contained gas
cartridge system.
It is an offence to manufacture, sell, purchase, transfer or
acquire such a weapon.
It is an offence to possess one, unless it is held on a firearm
certificate.
What is not banned
The ban does not apply to weapons that use CO2 bulb systems
because CO2 bulbs do not contain a projectile and are not therefore
completely self-contained.
Penalties
Anyone who manufactures, sells, purchases, transfers or acquires
a self-contained gas cartridge weapon commits an offence under the
Firearms Act 1968 as amended, and is liable to a minimum of five
years and a maximum of 10 years imprisonment.
Anyone who is found in possession of a self-contained gas
cartridge weapon without it being held on a valid firearm
certificate, will also commit an offence under the Firearms Act
1968 as amended and is liable to the same penalty.
Dealers
Retailers are not able to trade in self-contained gas cartridge
weapons.
The information within these pages are compiled to assist you
understand the changes made to firearms legislation by the
Anti-Social Behaviour Act 2003. They are not exhaustive.