European Weapons Directive
In 1993 the Firearms Acts (Amendment) Regulation 1992 were introduced which contain a number of amendments to the Firearms Acts to enable compliance with the E.C. Directive on the control of the acquisition and possession of weapons.
The main impact on a certificate holder is the need to apply for a European Firearms Pass if you intend to visit another European country and wish to take with you any gun currently held on a Firearm or Shotgun Certificate. There is currently no fee involved in issuing such a permit.
If you require a European Firearms Pass or EFP or wish to have more details on the European Weapons Directive please contact your Firearms Licensing Department for information.
Visitors Permits
If persons who do not reside in this country wish to attend shoots and bring their own guns into this country they must be issued with a visitors permit, to obtain a visitors permit, the individual must be sponsored by a person resident in this country.
There is a fee payable of £12 for an individual permit and if an application is made for six people or more for one date then a fee of £60 is payable for the whole party rather than an individual fee of £12.
Variation to Firearm Certificate
Firearm Certificate holders may apply for the variation of their certificate either to replace an existing gun or to increase the amount of guns held. Other variation applications include requests for increase in ammunition and sometimes changes to conditions.
Applications for variations will only be accepted on the correct application form. If there is to be an increase in guns then the application will be subject to a fee of £26. If the 'good reason' element is not satisfied then the application is subject to refusal.
Refusal/Revocation of Certificates
There may be occasions when a grant application for either a firearm or shotgun certificate is refused.
There may be many different reasons for this and any refusal letter will indicate the reason for such a decision.
The most common reasons are:
- previous convictions showing tendency towards violence, persistent dishonesty, misuse of firearms, etc.;
- local intelligence - which indicates that the person applying is unsuitable, i.e. domestic violence, drink or drug abuse, etc.;
- lack of good reason, i.e. no facilities;
- a person is prohibited. Before any such application may be dealt with the individual concerned must successfully appeal to the Crown Court to have the prohibition lifted. In respect of revocation of existing certificates, such action is taken if any of the above factors come to light and serious concern is raised about the suitability of the individual to continue being entrusted with firearms.
Change of Address
It is a condition on all firearms/shotgun certificates to notify change of address to the police. Unfortunately many people fail to do so which results in prosecution. The police need to know where guns are in the county and be satisfied that they are being stored securely.
Upon changing the address it is important, therefore, that the police are notified immediately in writing. It is also helpful to forward firearm/shotgun certificates for amendment. The certificate is also conditioned in respect of security and again it is important that upon a change of address, that police are also notified of new security arrangements for guns held.
Facilities
To satisfy the 'good reason' aspect of applying for the grant, renewal and sometimes variation of a firearm certificate, an applicant must provide full details of his/her facilities to use each individual gun for which he either possesses or wishes to acquire.
If the gun is to be used for target shooting then the applicant must provide proof that he/she is a full member of an approved rifle/muzzle loading club.
If the gun required is for vermin control or deer stalking then the applicant must be able to show that he/she has permission to shoot over a specific area of land. Full details of the land and owner will be required. This will then enable the land to be inspected to ensure that it is safe and suitable land for the type and calibre of gun being requested.
The onus in respect of 'good reason' is for the applicant to prove.
Guns Not Held On Certificate
It is a fact, which has been borne out by recent firearms amnesties, that there are guns in circulation which are technically being held illegally. In many cases these are old guns which come to light following house clearances of elderly relatives.
To legalise the situation is really quite simple. Contact the police immediately upon finding the gun to make arrangements for it to be surrendered to the Police. In most cases the gun will be destroyed unless it is of significant value.
However, in some cases it is possible for the finder to be issued with a temporary permit to enable the gun to be transferred to another certificate holder or registered firearms dealer.
Approved Clubs
Certain firearm clubs are approved by the Home Office. Any person wishing to possess a rifle or muzzle loading pistol solely for target shooting must be a member of an approved club. This club name will then form part of the detail in the condition which is applied to the firearm certificate.
There are various criteria which has to be complied with by clubs to maintain their Home Office approval. All local clubs have constant liaison with the Hampshire Police Firearms Licensing Department and have to notify the police of various different facts on a regular basis. i.e.
- lack of attendance by members
- notification of guest days
- details of new applicants for membership
- any other matters of a concerning nature
Club officials also have to keep stringent records to comply with the approval criteria.
Any person applying for membership of such a club will find that they will be required to sign various different declarations which for example will identify whether they have previously had firearm or shotgun certificates revoked, or whether they are or have ever been prohibited from possession of firearms.
The criteria goes some considerable way to ensuring that genuine people interested in target shooting disciplines may carry out their sport in a safe and secure environment.
Fees
- Grant of a Firearm Certificate - £50
- Grant of Firearm and Shotgun Certificate (coterminous) (at the same time £50 for firearm, £10 for shotgun) - £60
- Renewal of Firearm Certificate - £50
- Renewal of Firearm and Shotgun Certificate (coterminous) (£40 for firearm, £10 for shotgun) - £50
- Variation of Firearm Certificate (if increasing guns) - £26
- Grant of Shotgun Certificate - £50
- Renewal of Shotgun Certificate - £40
- Grant of Visitors Permit (Individual) - £12
- Grant of Visitors Permit (6 or more at same time) - £60
- Issue of Temporary Permit - FREE Issue of Explosives Certificate - FREE
- Issue of European Firearms Pass - FREE
- Notification of Sale of Gun - FREE
- Notification of Change of Address - FREE
Firearms (Amendment) Act 1997
Handguns
The main factor in relation to the Firearms (Amendment) Act 1997 was to re-categorise handguns, from Section 1 Firearms to Section 5 Prohibited Guns.
This effectively means that no person in this country may now possess handguns (with a few exemptions as previously mentioned).
A handgun is defined as: 'Any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall'
Self Loading/Pump Action Guns
The Act also prohibits any self loading or pump action firearm with a rifled barrel except those chambered for .22 rim fire cartridges. This prohibition also includes any firearm as stated above that may have been converted to a firearm of another type.
This means that if the gun was originally manufactured as a self loading or pump action firearm with a rifled barrel as above that it will maintain its prohibited category despite any work being carried out to convert the gun.
Expanding Ammunition
Expanding ammunition was also prohibited, i.e. 'Any ammunition which incorporates a missile designed or adapted to expand on impact' However, again there is an exemption for certain certificate holders who require such ammunition for deer shooting, shooting vermin, estate management, humane killing of animals, the protection of animals or people and in some cases for holding as part of a collection.
Firearms Dealers may buy, possess and sell such ammunition only to certificate holders who have a condition on their certificate allowing acquisition for any of the above purposes.
If you have any queries about any of the above, please do not hesitate in contacting the firearms licensing department for more information.
