5.2.1 Regulation of Firearms
The firearms legislation places specified firearms and ammunition considered to be particularly dangerous in a prohibited category which cannot be possessed, purchased, acquired, manufactured, sold or transferred without the authority of the Secretary of State. The Secretary of State has absolute discretion to refuse his authority and there is no appeal against the decision, except by judicial review. Prohibited firearms include machine guns, and most self-loading and pump-action rifles and shotguns, disguised firearms and weapons which discharge noxious substances (i.e., includes CS, MACE and ‘electric stun guns’). Prohibited ammunition includes any ammunition which contains noxious substances, armour piercing or expanding ammunition and other military ammunition including missiles, rockets and bombs. Permission is not granted to private individuals expect in the most exceptional cases (Gilbert, April 19, 1995).
The Firearms (Amendment) Act 1988 included a power allowing the Secretary of State to issue regulations adding to the category any firearm which was not for sale in substantial numbers before 1988 and which appears to be: specifically dangerous; wholly or partly composed of material that cannot be detected by metal detectors; any ammunition which is not presently specified but appears to be specifically dangerous (Shroff, 1994, 82).
It is only possible to purchase ammunition if you have a firearm or shotgun certificate. The only ammunition you can purchase is for the type of weapon covered by the certificate (Gilbert, 1995).
Firearm dealers are regulated and anyone who manufactures, sells, transfers or repairs firearms or ammunition must be registered as a firearms dealer (Bartlett, 1990: 10). In addition, the dealer is required to maintain records of all transactions (Bartlett, 1990: 13).
5.2.2 Regulation of Firearm Owners
Great Britain operates a system whereby the individual is licensed to possess, or acquire firearms and each firearm possessed or acquired is notified to the police, who keep a record. There are two distinct certificates. A long barrelled shotgun which is incapable of firing more than three shots without manual reloading may be held on a shotgun certificate. All other firearms (except low-powered air guns) must be held on a firearm certificate. Ammunition is also subject to certificate control (Gilbert, April 19, 1995).
The law does not define what is and what is not a good reason. But guidance is offered to the police which suggests that sporting, recreational and professional (e.g., vermin control) uses may be acceptable. The same guidance recommends that certificates should not be issued to those who want firearms for personal protection (Gilbert, April 19, 1995).
When issuing a firearm or shotgun certificate, the Chief Police Officer must be satisfied that the applicant has a good reason to have a gun, and that he can have it without endangering public safety or peace. The good reason requirement is more stringent for firearms certificates than for shot guns certificates. To get a firearms certificate, an applicant must satisfy the police that he has a good reason, while the police must be satisfied that an applicant does not have a good reason before refusing to issue a shotgun certificate on this ground (Shroff, 1994: 84, Gilbert, April 19, 1995). Criminal background check are conducted on all applicants and counter signatures by designated persons (i.e., someone with good standing in the community) are required (Gilbert, March 28, 1995). Firearm and shotgun certificates list the number, type and serial number of each firearm and/or shotgun and any conditions. Both types of certificates are valid for five years (Gilbert, January 24, 1995).
In 1989 the 43 police forces in England and Wales started recording the number of firearms and shotgun certificates on a computerized system (Home Office, 1994: 19). There is no national registry (Gilbert, March 28, 1995).
The police can revoke a certificate. To do that, they must be satisfied that the holder is unfit to be trusted with the firearm(s) or shot gun(s) which it covers. Police decisions about the non-issue or revocation of certificates are subject to appeal.
There are exceptions to the need for a certificate. For instance members of a rifle or pistol club approved by the Secretary of State do not need one to shoot as a member of the club. There are other exceptions for, e.g., foreign visitors (there is a visitors permit scheme), museums, auctioneers, antique guns, and most air weapons (i.e., less powerful types) (Gilbert, January 24, 1995).
There are no age restrictions on shotgun certificate issue, however, the age requirement to obtain a firearm certificate is 14 years (Gilbert, April 19, 1995). It is an offence for a person under the age of 14 to have with him an air weapon or air weapon ammunition, unless under adult supervision or at a club or shooting gallery. Finally, it is an offence for a person under the age of 17 to have an air weapon with him in a public place unless it is securely covered, or at a club or shooting gallery (Gilbert, January, 24, 1995).
Persons sentenced to any form of custody for a period of three years or more are prohibited from possessing firearms for life. Those sentenced for a period more than three months but less than three years are prohibited from possessing firearms for five years (Home Office, 1994: 18).
The most serious offences, possession of a firearm or imitation firearm with intent to endanger life and use of a firearm or imitation firearm to resist arrest, are punishable by a maximum term of life imprisonment. Carrying a firearm or imitation firearm while committing or with intent to commit an indictable offence carries a maximum penalty of life imprisonment (Bartlett, 1990: 15, Gilbert, April 19, 1995).
Possessing an imitation firearm, with intent to cause someone to fear that unlawful violence will be used against them or some other person, is an offence punishable by up to ten years imprisonment (Gilbert, January 24, 1995).