PART 8Firearms

108Offence of possessing firearm for supply etc

(1)

The Firearms Act 1968 is amended as set out in subsections (2) to (8).

(2)

In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—

(a)

in subsection (1) the words “, or manufactures, sells or transfers” are omitted;

(b)

in subsection (1A) the words “or sells or transfers” are omitted.

(3)

After subsection (2) of that section there is inserted—

“(2A)

A person commits an offence if without authority—

(a)

he manufactures any weapon or ammunition specified in subsection (1) of this section,

(b)

he sells or transfers any prohibited weapon or prohibited ammunition,

(c)

he has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or

(d)

he purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition.”

(4)

For subsection (3) of that section there is substituted—

“(3)

In this section “authority” means an authority given in writing by—

(a)

the Secretary of State (in or as regards England and Wales), or

(b)

the Scottish Ministers (in or as regards Scotland).”

(5)

In section 5A (exemptions from requirement of authority under section 5)—

(a)

in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of” are omitted;

(b)

in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “ any weapon, ammunition or missile specified in subsection (1A) of that section ”.

(6)

In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—

“(za)

section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);”.

(7)

In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—

(a)

section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b)

section 5(1)(b),

(c)

section 5(1A)(a), and

(d)

section 5(1A)(b), (c), (d), (e), (f) or (g).

(8)

In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or (g) there is inserted—

“Section 5(2A)

Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition

On indictment

Imprisonment for life.”

(9)

In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is inserted—

“(7A)

In sections 2 to 7 below any reference to subsection (1)(aba) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to a firearm specified in subsection (1)(aba) of that section.

(7B)

In section 8 below the reference to subsection (1)(aba), (b) or (c) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to any weapon or ammunition specified in subsection (1)(aba), (b) or (c) of that section.”