Firearms Act 1968

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Firearms Act 1968
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.
Citation 1968 c. 27
Territorial extent  England and Wales
Scotland
Dates
Royal assent 30 May 1968
Commencement 1 August 1968
Other legislation
Repeals/revokes
Amended by
Status: Amended
Text of the Firearms Act 1968 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Firearms Act 1968 (c. 27) is an Act of Parliament of the United Kingdom that consolidated the law regarding the control, use, and possession of firearms into one statute. It forms the foundation of modern British firearms law, bringing together and rationalising earlier statutes to regulate the manufacture, sale, possession, and use of firearms and ammunition, establishing a framework for the certification and licensing of gun owners, and defining categories of prohibited weapons and ammunition.

Contents

The Act introduced, for the first time, a system of shotgun certificates alongside existing firearm certificates, both issued by local police forces under the authority of the chief constable. Applicants for firearm certificates were required to demonstrate a “good reason” for ownership and satisfy conditions of public safety, whilst shotgun certificates were subject to less stringent requirements. The Act also made it an offence for certain categories of persons, such as convicted criminals, to possess firearms or ammunition, and established penalties for unlawful possession, use, or transfer.

Since its commencement on 1 August 1968, the Firearms Act has been amended numerous times to respond to changing attitudes toward gun control and major incidents involving firearms. Notable amendments followed the Hungerford massacre in 1987 and the Dunblane school massacre in 1996, leading to the near-total prohibition of private handgun ownership through the Firearms (Amendment) Acts 1988 and 1997. The amended Act remains the principal legal instrument governing firearms in Great Britain.

Overview

The act brought together all existing firearms legislation in a single statute. For the first time, it introduced controls for long-barrelled shotguns, in the form of shotgun certificates that, like firearm certificates, were issued by an area's chief constable in England, Scotland, and Wales. While applicants for firearms certificates had to show a good reason for possessing the firearm or ammunition, it did not apply to shotgun certificates. Firearms and ammunition had to be kept locked up in a secure place approved by the local police firearms officer.

The act also prohibited the possession of firearms or ammunition by criminals who had been sentenced to imprisonment; those sentenced to three months to three years imprisonment were banned from possessing firearms or ammunition for five years, while those sentenced to longer terms were banned for life. However, an application could be made to have the prohibition removed. [1]

The act was accompanied by an amnesty; many older weapons were handed in to the police. It has remained a feature of British policing that from time to time a brief firearms amnesty is declared. [2]

Since 1968, the act has been extensively amended. Following the Hungerford massacre, the Firearms (Amendment) Act 1988 extended the class of prohibited weapons. Following the Dunblane school massacre, two acts were passed, the Firearms (Amendment) Act 1997 and, after the general election that year, the Firearms (Amendment) (No. 2) Act 1997, which in effect banned almost all handguns. The Policing and Crime Act 2017 brought clarity to aspects of the act, following a recommendation from the Law Commission.

Prohibited firearms and ammunition

Section five of part one of the act states that a prohibited firearm is one which: [3]

For ammunition it is prohibited if it: [3]

Prohibited firearms and ammunition may only be possessed, purchased, sold, given, or manufactured with authority from the government. As enacted this was from the Defence Council; as of 2020 this is from the Secretary of State. [3]

See also

References

  1. Simon, Rita James (2001). A Comparative Perspective on Major Social Problems. Lexington Books. p. 90. ISBN   0-7391-0248-6.
  2. "2004 Firearms Amnesty". BBC News. 30 September 2004. Archived from the original on 12 May 2009. Retrieved 11 December 2007.
  3. 1 2 3 "Firearms Act 1968". legislation.gov.uk. Retrieved 10 July 2021.