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it is withdrawn; or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an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.