PART 1AIR WEAPONS
Enforcement
28Cancellation of air weapon certificate
1
Subsection (2) applies where an individual (“A”) holding an air weapon certificate—
a
is convicted of—
i
an air weapon offence,
ii
an offence under the 1968 Act, or
iii
an offence for which A is sentenced to imprisonment or to detention in a young offenders' institution,
b
has been ordered to keep the peace or to be of good behaviour and, as a condition of that, is not to possess, carry or use an air weapon or other firearm,
c
is subject to a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 which contains a requirement not to possess, carry or use an air weapon or other firearm, or
d
has been ordained to find caution and as a condition of that, is not to possess, carry or use an air weapon or other firearm.
2
Where this subsection applies, the court by or before which A is convicted, or which imposes the condition or requirement, may cancel the air weapon certificate held by A.
3
Where the court cancels an air weapon certificate under this section—
a
the court must notify the chief constable of the cancellation, and
b
the chief constable must, by notice given to A, require A to surrender A's air weapon certificate within the period of 21 days beginning with the date the notice is given.
4
It is an offence for an individual, without reasonable excuse, to fail to comply with the requirements of a notice under subsection (3)(b).
5
An individual who commits an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.