Firearms (Amendment) Act 1988

Firearm and shot gun certificates E+W+S

9 Photographs on certificates. E+W+S

In section 26(2)(a) of the principal Act (rules requiring applications for certificates to be accompanied by a photograph of the applicant) for the words “a photograph” there shall be substituted the words “up to four photographs” and the power conferred by sections 27(2) and 28(2) of that Act to prescribe the form of a firearm or shot gun certificate shall include power to require the certificate to bear a photograph of the holder.

10 Statements in support of applications for certificates. E+W+S

After section 26(2)(b) of the principal Act (rules requiring verification of matters contained in applications for certificates) there shall be inserted—

“(c) require any application for a certificate to be accompanied by a statement by the person verifying the matters mentioned in paragraph (b) above to the effect that he knows of no reason why the applicant should not be permitted to possess a firearm.”

11 Grant of co-terminous certificates. E+W+S

(1) Where a person who holds a firearm certificate applies for the grant or renewal of a shot gun certificate that certificate may, if he so requests, be granted or renewed for such period less than that specified in or prescribed under section 26(3) of the principal Act as will secure that it ceases to be in force at the same time as the firearm certificate.

(2) Where a person who holds a shot gun certificate, or both such a certificate and a firearm certificate, applies for the grant of a firearm certificate, or for the renewal of the firearm certificate held by him, he may, on surrendering his shot gun certificate, apply for a new shot gun certificate to take effect on the same day as that on which the firearm certificate is granted or renewed.

(3) Where a shot gun certificate is granted to a person or such a certificate held by him is renewed and on the same occasion he is granted a firearm certificate or such a certificate held by him is renewed the fee payable on the grant or renewal of the shot gun certificate shall be £5 instead of that specified in section 32 of the principal Act.

(4) Subsection (3) above shall be included in the provisions that may be amended by an order under section 43 of the principal Act.

12 Revocation of certificates. E+W+S

(1) Where a certificate is revoked by the chief officer of police under section 30(1)(a) or (2) of the principal Act he may by notice in writing require the holder of the certificate to surrender forthwith the certificate and any firearms and ammunition which are in the holder’s possession by virtue of the certificate.

(2) It is an offence to fail to comply with a notice under subsection (1) above; and that offence shall be punishable on summary conviction with imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(3) Where a firearm or ammunition is surrendered in pursuance of a notice under subsection (1) above, then—

(a) if an appeal against the revocation of the certificate succeeds, the firearm or ammunition shall be returned;

(b) if such an appeal is dismissed, the court may make such order for the disposal of the firearm or ammunition as it thinks fit;

(c) if no such appeal is brought or such an appeal is abandoned, the firearm or ammunition shall be disposed of—

(i) in such manner as the chief officer of police and the owner may agree; or

(ii) in default of agreement, in such manner as the chief officer may decide;

but subject, in a case within sub-paragraph (ii), to the provisions of subsection (4) below.

(4) The chief officer of police shall give the owner notice in writing of any decision under subsection (3)(c)(ii) above, the owner may appeal against that decision in accordance with section 44 of the principal Act and on such an appeal the court may either dismiss the appeal or make such order as to the disposal of the firearm or ammunition as it thinks fit.

(5) Subsection (4) of section 30 of the principal Act (surrender of revoked certificate within twenty-one days with extension in cases of appeal) shall not apply where the revocation is under subsection (1)(a) or (2) of that section and a notice is served under subsection (1) above; and paragraph 1 of Part I and paragraphs 1 to 5 of Part II of Schedule 5 to that Act (appeal jurisdiction and procedure) shall apply to an appeal under subsection (4) above as they apply to an appeal against the revocation of a certificate.