Dear Chief Officer,



ANTI-SOCIAL BEHAVIOUR ACT 2003: FIREARMS



Summary



This circular, which has been prepared in consultation with ACPO and 

ACPO(S), describes the purpose and effect of the firearms provisions 

contained in the Anti-social Behaviour Act 2003, which received Royal 

Assent on 20 November 2003. It gives details of the arrangements for 

bringing the provisions into force and offers advice and guidance on 

some of the issues they raise. 



The Anti-social Behaviour Act 2003



2. For a number of years there has been a steady rise in the misuse of 

air weapons and imitation firearms. Much of this is criminal damage and 

nuisance, often involving young people, but it also includes people who 

carry imitation firearms in order to intimidate others. The firearms 

provisions in the Anti-social Behaviour Act are intended to tackle these 

problems. They also deal with a specific problem concerning air weapons 

that use a self-contained gas cartridge system, which are particularly 

vulnerable to conversion to fire live ammunition and have become popular 

with criminals. 



Section 37: Possession of air weapon or imitation firearm in public 

place 



3. This section will come into force on 20 January 2004. It adds to the 

list of firearms covered by the offence in section 19 of the Firearms 

Act 1968 of carrying a firearm in a public place without lawful 

authority or reasonable excuse. That offence currently applies to loaded 

shotguns, loaded air weapons or any other firearm (whether loaded or 

not) together with its ammunition. Subsection 1 of section 37 adds to 

this unloaded air weapons and imitation firearms. Subsection 3 adds the 

offence to the list of arrestable offences in England and Wales set out 

in Schedule 1A to the Police and Criminal Evidence Act 1984. 



4. An imitation firearm is already defined in section 57(4) of the 1968 

Act and covers anything which has the appearance of being a firearm 

whether or not it is capable of discharging a shot, bullet or other 

missile. 



5. A public place is also defined in section 57(4) of the 1968 Act. It 

includes any highway and any other premises or place to which at the 

material time the public have or are permitted to have access, whether 

on payment or otherwise. 



6. There is no statutory definition of a reasonable excuse. This will 

depend on the facts and circumstances prevailing at the time and police 

officers will need to exercise discretion when deciding what action, if 

any, is appropriate in each individual case. It should be borne in mind 

that the intention of the offence is to protect the public from the 

misuse of firearms and there is no intention of preventing legitimate 

activities such as actors using imitations for film or theatrical work 

or historical re-enactment. 



Section 38: Air weapons - age limits 



7. This section also comes into force on 20 January 2004. It makes a 

number of amendments to sections 22, 23 and 24 of the 1968 Act in order 

to change the age at which a young person may have an air weapon and to 

strengthen the supervision requirements. 



8. Subsection 2 raises from 14 to 17 the age limit under section 22(4) 

of the 1968 Act for a young person to have with him an air weapon or 

ammunition for an air weapon. This means that no-one under 17 will be 

able to have with them an air weapon at any time unless supervised by 

someone who is aged at least 21 or as part of an approved target 

shooting club or shooting gallery. The redundant section 22(5) is 

omitted. 



9. Subsection 3 adds to section 23 of the 1968 Act a new exception to 

the section 22(4) offence. No offence will be committed under that 

section if a young person aged 14 to 16 is on private premises and has 

the consent of the occupier to have an air weapon with him. However, it 

has been made an offence for anyone benefiting from this exception to 

fire any missile beyond the premises. Subsection 5 sets the maximum 

penalty for this offence at a level 3 fine (currently £1,000). 



10. Subsection 4 raises from 14 to 17 the age limit in section 24(4) of 

the 1968 Act. It therefore becomes an offence to make a gift of an air 

weapon, or ammunition for it, to a person under 17 or to part with 

possession of an air weapon or ammunition to a person under 17, unless 

the young person benefits from an exception under section 23 of the 1968 

Act (for example, the exception for private premises explained in 

paragraph 9 above). 



Section 39: Prohibition of certain air weapons



11. This section contains a ban on air weapons that use a self-contained 

gas cartridge system. Subsection 3 adds to section 5(1) of the 1968 Act 

"any air rifle, air gun or air pistol that uses, or is designed or 

adapted for use with, a self-contained gas cartridge system". SCGC 

weapons are often known as "Brococks" after the main UK importer of the 

weapons (however, not all weapons manufactured or sold by Brocock 

Limited are SCGC weapons, and there are also other models of SCGC weapon 

in circulation which were manufactured or sold by other companies). 

Weapons that use a CO2 bulb system are not affected because CO2 bulbs do 

not contain a projectile and are not therefore self-contained. The 

effect of adding SCGC weapons to section 5(1) is to make them prohibited 

weapons which cannot be possessed, purchased, acquired, manufactured, 

sold or transferred without the authority of the Secretary of State. 

With the exception of the offence of possessing an SCGC weapon, section 

39 will come into force on 20 January 2004. 



12. The offence of possession is being brought into force separately in 

order to cater for subsection 4, which makes provision for existing 

owners to keep and continue to use their weapons, provided they have 

them entered onto a firearm certificate. Existing owners are those 

people who possess a SCGC weapon on 20 January 2004. They will not 

require the Secretary of State's authority to continue to possess their 

weapon and by virtue of subsection 4 will not need to show good reason 

when applying to the police for a firearm certificate. However, chief 

officers will still need to satisfy themselves that applicants are fit 

to be entrusted with the gun, are not a prohibited person, and will not 

represent a danger to public safety or to the peace. Subsection 4 also 

removes good reason considerations when renewing, revoking or partially 

revoking a certificate for a SCGC weapon. 



13. Applicants will be required to put in place appropriate security 

measures to prevent unauthorised access to their weapon. The level of 

security required will be the same as for section 1 weapons held on a 

firearm certificate, as set out in Chapter 19 of Firearms Law: Guidance 

to the Police. The precise arrangements are for the police to determine 

based on the level of risk involved in each case, taking account of 

factors such as local crime rates and location of the property. 



14. Given that applicants will not need to show good reason, only the 

standard certificate conditions are likely to apply. 



15. The possession offence will come into force on 30 April 2004. 

Existing owners have until that date to apply for a firearm certificate. 

The commencement order for section 39 provides that no offence will be 

committed where someone has applied for a firearm certificate before 30 

April 2004 and their application remains outstanding or is the subject 

of an outstanding appeal. It has been agreed that existing owners who do 

not wish to apply for a certificate can hand their weapon into the 

police for disposal (no compensation is payable for weapons handed in). 

Again, this must be done before 30 April 2004. 





16. Subsection 5 makes clear that the arrangements for existing owners 

do not apply to registered firearms dealers. This is to avoid dealers 

retaining stocks of SCGC weapons that they are unable to sell. However, 

a dealer could apply in an individual capacity to retain SCGC weapons on 

a firearm certificate for personal use. 





17. Retailers will not be able to trade in SCGC weapons from 20 January 

2004 although they may continue to possess their existing stock until 30 

April 2004. If they wish to sell the weapons abroad or to provide a 

repair service, they must apply to the Home Office for the Secretary of 

State's authority and, where necessary, to register with the police as a 

firearms dealer. Applications must be submitted before 30 April 2004. 



18. To help the Home Office monitor implementation of these provisions, 

police forces are requested to keep records of: 



a) the number of SCGC weapons handed-in; 



b) the number of SCGC weapons which are the subject of applications for 

firearm certificates (both new applications and variations); and 



c) the number of SCGC weapons in (b) where the application is refused, 

up to 30 April 2004. 



19. Subsection 6 amends the order-making power under section 1 of the 

Firearms (Amendment) Act 1988 to enable the Secretary of State to 

prohibit or introduce other controls in respect of any air weapon which 

appears to him to be especially dangerous.