Transitional provision: the requirement for an air weapon certificate4
1
Despite article 3(a), it is not an offence under section 2(1) of the Act for a person on or after 31st December 2016 to possess (but not to use, purchase or acquire) an air weapon without holding an air weapon certificate if—
a
the person has, before 1st November 2016, made an application for the grant of an air weapon certificate under section 3 of the Act or (as the case may be) a police permit under section 12 of the Act; and
b
the application has, through no failure on the person’s part, not yet been finally determined.
2
For the purpose of paragraph (1)(b), an application is finally determined when—
a
it is granted;
b
it is withdrawn; or
c
it is refused and either—
i
the time limit for appeal against refusal expires without an appeal having been made; or
ii
an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.