Firearms Act 1968

54 Application of Parts I and II to Crown servants. E+W+S

(1) Sections 1, 2, 7 to 13 and [F1 26A to 32] of this Act apply, subject to the modifications specified in subsection (2) of this section, to persons in the service of Her Majesty in their capacity as such so far as those provisions relate to the purchase and acquisition, but not so far as they relate to the possession, of firearms.

(2) The modifications referred to above are the following:—

(a) a person in the service of Her Majesty duly authorised in writing in that behalf may purchase or acquire firearms and ammunition for the public service without holding a certificate under this Act;

(b) a person in the naval, military or air service of Her Majesty shall, if he satisfies the chief officer of police on an application under [F2 section 26A] of this Act that he is required to purchase a firearm or ammunition for his own use in his capacity as such, be entitled without payment of any fee to the grant of a firearm certificate authorising the purchase or acquisition or, as the case may be, to the grant of a shot gun certificate.

F3 [(3) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

(a) a member of a police force, or

(b) a person employed by a police authority who is under the direction and control of a chief officer of police [F4 , or.]

(c) a member of the National Criminal Intelligence Service or the National Crime Squad.]

[F5 (3A) An appropriately authorised person who is either a member of the British Transport Police Force or an associated civilian employee does not commit any offence under this Act by reason of having in his possession, or purchasing or acquiring, for use by that Force anything which is—

(a) a prohibited weapon by virtue of paragraph (b) of section 5(1) of this Act; or

(b) ammunition containing or designed or adapted to contain any such noxious thing as is mentioned in that paragraph.

[F6 (3AA) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown—

(a) a member of the Civil Nuclear Constabulary shall be deemed to be a person in the service of Her Majesty; and

(b) references to the public service shall be deemed to include references to use by a person in the exercise and performance of his powers and duties as a member of the Civil Nuclear Constabulary.]

(3B) In subsection (3A) of this section—

(a) “appropriately authorised” means authorised in writing by the Chief Constable of the British Transport Police Force or, if he is not available, by a member of that Force who is of at least the rank of assistant chief constable; and

(b) “associated civilian employee” means a person employed by the [F7 British Transport Police Authority] who is under the direction and control of the Chief Constable of the British Transport Police Force.]

[F8 (4) For the purposes of this section and any rule of law whereby any provision of this Act does not bind the Crown, the persons specified in subsection (5) of this section shall be deemed to be in the naval, military or air service of Her Majesty, insofar as they are not otherwise in, or treated as being in, any such service.

(5) The persons referred to in subsection (4) of this section are the following—

(a) members of any foreign force when they are serving with any of the naval, military or air forces of Her Majesty;

(b) members of any cadet corps approved by the Secretary of State when—

(i) they are engaged as members of the corps F9 . . . in connection with, drill or [F10 target shooting]; and

(ii) in the case of possession of prohibited weapons or prohibited ammunition when engaged in [F10 target shooting], they are on service premises; and

(c) persons providing instruction to any members of a cadet corps who fall within paragraph (b).

(6) In subsection (5) of this section—

• “foreign force” means any of the naval, military or air forces of a country other than the United Kingdom; and

• “service premises” means premises, including any ship or aircraft, used for any purpose of any of the naval, military or air forces of Her Majesty.]

Textual Amendments

F1 Words in s. 54(1) substituted (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 10; S.I. 1997/1535, art. 3(b), Sch. Pt. I

F2 Words in s. 54(2)(b) substituted (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 11; S.I. 1997/1535, art. 3(b), Sch. Pt. I

F3 S. 54(3) substituted (1.10.1994) by 1994 c. 29, s. 42; S.I. 1994/2025, art. 5(2)(g)

F4 S. 54(3)(c) and preceding word inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 18; S.I. 1998/354, art. 2(2)(ay)

F5 S. 54(3A)(3B) inserted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 9

F6 S. 54(3AA) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 3, S.I. 2005/877, {art. 2(1)}, Sch. 1

F7 Words in s. 54(3B)(b) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573),{art. 12(1)(b)}

F8 S. 54(4)-(6) added (1.4.1997) by 1996 c. 46, s. 28(1); S.I. 1997/304, art. 2

F9 Words in s. 54(5)(b) repealed (1.10.1997) by 1997 c. 5, s. 52(2), Sch. 3; S.I. 1997/1535, art. 3(c)

F10 Words in s. 54(5)(b) substituted (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II

Modifications etc. (not altering text)

C1 Ss. 53–56 amended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 25(6)

C2 S. 54 extended with modification by Atomic Energy Authority (Special Constables) Act 1976 (c. 23), s. 1

C3 S. 54 extended (1.7.1997) by 1997 c. 5, s. 50(5); S.I. 1997/1535, art. 3(b), Sch. Pt. I

C4 S. 54 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(a)(2)(b); S.I. 2004/1572, art. 3(ddd)(jjj)

C5 S. 54(3) extended (which shall come into force on the date notified in the London, Edinburgh and Belfast Gazettes) by S.I. 1993/1813, art. 7(2) (as amended (on the date notified in the London, Edinburgh and Belfast Gazettes) by 2001/1544, arts. 1(2), 3(2))

S. 54(3) extended (which shall come into force on the date notified in the London, Edinburgh and Belfast Gazettes) by S.I. 2003/2818, art. 9