- Latest available (Revised)
- Point in Time (03/02/1995)
- Original (As enacted)
Version Superseded: 01/07/1997
Point in time view as at 03/02/1995.
Firearms Act 1968,
SCHEDULE 6 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 51.
Modifications etc. (not altering text)
C1Sch. 6 Pt. I modified (1.11.1968) by S.I. 1968/1200, art. 3
Section of this Act creating offence | General nature of offence | Mode of prosecution | Punishment | Additional provisions |
---|---|---|---|---|
Section 1(1) ... | Possessing etc. firearm or ammunition without firearm certificate. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | (i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, [F27 years], or a fine; or both, | |||
(ii) in any other case, [F35 years] or a fine; or both. | Paragraph 1 of Part II of this Schedule applies. | |||
Section 1(2) ... | Non-compliance with condition of firearm certificate. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | Paragraph 1 of Part II of this Schedule applies. |
Section 2(1) ... | Possessing, etc., shot gun without shot gun certificate. | [F5(a) Summary.] | [F56 months or the statutory maximum or both.] | Paragraph 1 of Part II of this Schedule applies. |
[F5(b) On indictment.] | [F5[F65 years] or a fine; or both.] | |||
Section 2(2) ... | Non-compliance with condition of shot gun certificate. | Summary... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | Paragraph 1 of Part II of this Schedule applies. |
Section 3(1) ... | Trading in firearms without being registered as firearms dealer. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F75 years] or a fine; or both. | |||
Section 3(2) ... | Selling firearm to person without a certificate. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F85 years]or a fine; or both. | |||
Section 3(3) ... | Repairing, testing etc. firearm for person without a certificate. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F95 years] or a fine; or both. | |||
Section 3(5) ... | Falsifying certificate, etc., with view to acquisition of firearm. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F105 years] or [F11a fine]; or both. | |||
Section 3(6) ... | Pawnbroker taking firearm in pawn. | Summary ... ... | 3 months or a fine of [F4level 3 on the standard scale]; or both. | |
Section 4(1)(3) | Shortening a shot gun; conversion of firearms. | (a) Summary... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F127 years]or a fine; or both. | |||
Section 5(1) ... | Possessing or distributing prohibited weapons or ammunition. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F1310 years] or a fine; or both. | |||
[F14 Section 5(1A).. | Possessing or distributing other prohibitedweaponsor ammunition. | (a) Summary... | [F156 months] or a fine of the statutory maximum; or both. | |
(b) On indictment | [F1610 years]or a fine; or both.] | |||
Section 5(5) ... | Non-compliance with condition ofDefence Council authority. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 5(6) ... | Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition. | Summary ... ... | A fine of [F4level 3 on the standard scale]. | |
Section 6(3) ... | Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F4level 3 on the standard scale]; or both. | Paragraph 2 of Part II of this Schedule applies. |
Section 7(2) ... | Making false statement in order to obtain police permit. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 9(3) ... | Making false statement in order to obtain permit for auction of firearms, etc. | [F17Summary] | [F176 months or a fine not exceeding level 5 on the standard scale; o r both.] | |
Section 13(2) ... | Making false statement in order to obtain permit for removal of signalling apparatus. | Summary. ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 16 ... | Possession of firearm with intent to endanger life or injure property. | On indictment ... | [F18life imprisonment] or a fine; or . . . F19b oth. | |
[F20Section 16A] | [F20Possession of firearm with intent to cause fear of violence.] | [F20On indictment] | [F2010 years or a fine; or both.] | |
F20Section 17(1) ... | Use of firearms to resist arrest. | On indictment ... | [F18life imprisonment] or a fine; or, . . . F19 both. | Paragraphs 3 to 5 of Part II of this Schedule apply. |
Section 17(2) ... | Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2. | On indictment ... | [F21Life imprisonment] or a fine; or . . . F19 both. | Paragraphs 3 and 6 of Part II of this Schedule apply. |
Section 18(1) ... | Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest. | On indictment ... | [F21Life imprisonment] or a fine; or, . . . F19 b oth. | |
Section 19 ... | Carrying loaded firearm in public place. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment (but not if the firearm is an air weapon). | [F227 years] or a fine; or both. | |||
Section 20(1) ... | Trespassing with firearm [F23or imitation firearm] in a building. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment (but not [F23in the case of an imitation firearm or] if the firearm is an air weapon). | [F247 years] or a fine; or both. | |||
Section 20(2) ... | Trespassing with firearm [F25or imitation firearm] on land. | Summary ... ... | 3 months or a fine of [F4level 4 on the standard scale]; or both. | |
Section 21(4) ... | Contravention of provisions denying firearms to ex-prisoners and the like. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F265 years] or a fine; or both. | |||
Section 21(5) ... | Supplying firearms to person denied them under section 21. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F275 years] or a fine; or both. | |||
Section 22(1) ... | Person under 17 acquiring firearm. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
F28Section 22(1A).. | Person under 18 using certificated firearm for unauthorised purpose. | Summary... | 3 months or a fine of level 5 on the standard scale; or both. | ‐ |
Section 22(2) ... | Person under 14 having firearm in his possession without lawful authority. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 22(3) ... | Person under 15 having with him a shot gun without adult supervision. | Summary ... ... | A fine of [F4level 3 on the standard scale] | Paragraph 8 of Part II of this Schedule applies. |
Section 22(4) ... | Person under 14 having with him an air weapon or ammunition therefor. | Summary ... ... | A fine of [F4level 3 on the standard s cale] | Paragraphs 7 and 8 of Part II of this Schedule apply. |
Section 22(5) ... | Person under 17 having with him an air weapon in a public place. | Summary ... ... | A fine of [F4level 3 on the standard s cale] | Paragraphs 7 and 8 of Part II of this Schedule apply. |
Section 23(1) ... | Person under 14 making improper use of air weapon when under supervision; person supervising him permitting such use. | Summary ... ... | A fine of [F4level 3 on the standard s cale] | Paragraphs 7 and 8 of Part II of this Schedule apply. |
Section 24(1) ... | Selling or letting on hire a firearm to person under 17. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 24(2) ... | Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 24(3) ... | Making gift of shot gun to person under 15. | Summary ... ... | A fine of [F4level 3 on the standard scale] | Paragraph 9 of Part II of this Schedule applies. |
Section 24(4) ... | Supplying air weapon to person under 14. | Summary ... ... | A fine of [F4level 3 on the standard scale] | Paragraphs 7 and 8 of Part II of this Schedule apply. |
Section 25 ... | Supplying firearm to person drunk or insane. | Summary ... ... | 3 months or a fine of [F4level 3 on the standard scale]; or both. | |
Section 26(5) ... | Making false statement in order to procure grant or renewal of a firearm or shot gun certificate. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 29(3) ... | Making false statement in order to procure variation of a firearm certificate. | Summary ... ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 30(4) ... | Failing to surrender certificate on revocation. | Summary ... ... | A fine of [F4level 3 on the standard s cale]. | |
[F29Section 32B(5).. | Failure to surrender expired European firearms pass | Summary... | A fine of level 3 on the standard scale. | |
F30Section 32C(6).. | Failure to produce European firearms pass or Article 7 authority for variation or cancellation etc.; failure to notify loss or theft of firearm identified in pass or to produce pass for endorsement. | Summary | 3 months or a fine of level 5 on the standard scale; or both] | |
Section 38(8) ... | Failure to surrender certificate of registration [F31or register of transactions] on removal of firearms dealer’s name from from register. | Summary ... ... | A fine of [F4level 3 on the standard s cale]. | |
Section 39(1) ... | Making false statement in order to secure registration or entry in register of a place of business. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 39(2) ... | Registered firearms dealer having place of business not entered in the register. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 39(3) ... | Non-compliance with condition of registration. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 40(5) ... | Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register. | Summary ... | 6 months or a fine of [F4level 5 on the standard scale]; or both. | |
Section 42 ... | Failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police. | (a) Summary ... | 6 months or a fine of [F1£400]; or both. | |
(b) On indictment | [F325 years] or a fine; or both. | |||
[F33Section 42A... | Failure to report transaction authorised by visitor’s shot gun permit. Summary... | 3 months or a fine of level 5 on the standard scale; or both.] | ||
Section 47(2) ... | Failure to hand over firearm or ammunition on demand by constable. | Summary ... | 3 months or a fine of [F4level 4 on the standard scale]; or both. | |
Section 48(3) ... | Failure to comply with requirement of a constable that a person shall declare his name and address. | Summary ... ... | A fine of [F4level 3 on the standard scale]. | |
[F34Section 48(4).. | Failure to produce firearms pass issued in another member State. | Summary... | A fine of level 3 on the standard scale.] | |
Section 49(3) ... | Failure to give constable facilities for examination of firearms in transit, or to produce papers. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of [F4level 3 on the standard scale]; or both. | Paragraph 2 of Part II of this Schedule applies. |
Section 52(2)(c) | Failure to surrender firearm or shot gun certificate cancelled by court on conviction. | A fine of [F4level 3 on the standard scale]. |
Textual Amendments
F1Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(5), 66(7)(a)
F2Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F3Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F5Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(2)(4), 123(6), Sch. 8 para. 16
F6Sch. 6 Pt. I: words in column 4 of entry relating to s. 2(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F7Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F8Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(2) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F9Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F10Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F11Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(4), 66(7)(a)
F12Sch. 6 Pt. I: words in column 4 of entry relating to s. 4(1)(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F13Sch. 6 Pt. I: words in column 4 of entry relating to s. 5(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F14Sch. 6 Pt. I: the entry relating to s. 5(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 3(6).
F15Sch. 6 Pt. I: words in column 4 of entry relating to s. 5(1A) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F16Sch. 6 Pt. I: words in column 4 of entry relating to s. 5(1A) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F17Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(7)
F18Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(2), 66(7)(a)
F19Words repealed by Criminal Justice Act 1972 (c. 71), ss. 28(6), 66(7)(a), Sch. 6 Pt. II
F20Sch. 6 Pt. I: the entry relating to s. 16A inserted (21.9.1994) by 1994 c. 31, ss. 1(2), 4(2) (with s. 4(3))
F21Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(3)(4), 123(6), Sch. 8 para. 16
F22Sch. 6 Pt. I: words in column 4 of entry relating to s. 19 substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), ss. 157(3)(9), 172(2), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F23Sch. 6 Pt. I: words in entry relating to s. 20(1) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(a), 4(2) (with s. 4(3))
F24Sch. 6 Pt. I: words in column 4 of entry relating to s. 20(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F25Sch. 6 Pt. I: words in entry relating to s. 20(2) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(b), 4(2) (with s. 4(3))
F26Sch. 6 Pt. I: words in column 4 of entry relating to s.21(4) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F27Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F28Sch. 6 Pt. I: the entry relating to s. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(4).
F29Sch. 6 Pt. I: the entry relating to s. 32B(5) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).
F30Sch. 6 Pt. I: the entry relating to s. 32C(6) inserted (1.1.1993) by S.I. 1992/2823, reg. 5(3).
F31Words inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 14(1)
F32Sch. 6 Pt. I: words in column 4 of entry relating to s. 42 substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1
F33Sch. 6 Pt. I: the entry relating to s. 42A inserted (1.1.1993) by S.I. 1992/2823, reg. 6(3).
F34Sch. 6 Pt. I: the entry relating to s. 48(4) inserted (1.1.1993) by S.I. 1992/2823, reg. 7(5).
1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Textual Amendments
2E+W+SIn the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.
[F363(1)Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in [F37Schedule 1 to the Magistrates’ Courts Act 1980] (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.E+W+S
(2)Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and [F38sections 18 to 23 of the said Act of 1980] (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.
(3)If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—
(a)if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with [F39the said sections 18 to 23]; but
(b)if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with [F39section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]
Textual Amendments
F36Para. 3 substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F37Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(a)
F38Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(b>)
F39Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(c)
Modifications etc. (not altering text)
C2Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)
4E+W+SWhere a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.
5E+W+SIf on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.
6E+W+SThe punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).
7The court by which a person is convicted of an offence under section 22(4) or (5), 23(1) or 24(4) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was committed.
8The court by which a person is convicted of an offence under section 22(3), (4) or (5), 23(1) or 24(4) may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.
9E+W+SThe court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.
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