Firearms are legal in the United Kingdom, but their ownership and use are subject to some of the strictest regulations in the world. Only certain types of firearms, such as shotguns, specific rifles, and low-powered airguns, can be legally owned, and even these require a licence.
The process to obtain a firearms certificate involves rigorous background checks, a demonstrated legitimate need for the firearm, and strict storage requirements. Most handguns, automatic weapons, and semi-automatic rifles are prohibited.
Overview of UK Firearms Law
Legislation
The control of firearms in the United Kingdom is primarily governed by the Firearms Act 1968, which has been amended several times to tighten restrictions and close loopholes. Significant amendments include the Firearms (Amendment) Act 1988, introduced in response to the Hungerford massacre, and the Firearms (Amendment) Act 1997, which followed the tragic events in Dunblane. These acts, along with the Violent Crime Reduction Act 2006, form the backbone of the UK’s firearms legislation.
Types of Firearms
UK law categorises firearms into various types, each subject to different levels of control. The most commonly discussed categories include rifles, shotguns, and airguns.
While rifles and shotguns can be legally owned under strict conditions, the ownership of handguns is largely prohibited, with only a few exceptions for specific professional or historical purposes. Fully automatic firearms and most semi-automatic weapons are also banned.
General Prohibitions
The UK takes a zero-tolerance approach to certain types of firearms. Handguns, for example, are generally banned in Great Britain, following the 1997 legislation.
This ban was enacted in response to public outcry after the Dunblane tragedy, where a legally-owned handgun was used in a mass shooting. Similarly, automatic and most semi-automatic firearms are prohibited, reflecting the UK government’s commitment to reducing gun violence.
Licensing and Ownership
Eligibility Criteria
In the United Kingdom, the ownership of firearms is a privilege that is tightly regulated, and not everyone is eligible to apply for a firearms licence. To be considered for a firearms certificate or a shotgun certificate, applicants must meet specific criteria. These include being at least 18 years of age and having a good reason for wanting to own a firearm. Acceptable reasons typically include shooting sports, hunting, or professional needs such as pest control or farming.
Applicants must also demonstrate that they are of sound mind and good character. This is usually assessed through a detailed background check conducted by the police, which includes a review of the applicant’s criminal record, medical history, and character references. Any history of violent behaviour, substance abuse, or serious mental health issues can disqualify an individual from obtaining a licence.
Licensing Process
The process of obtaining a firearms or shotgun certificate in the UK is thorough and involves several steps. First, the applicant must submit a detailed application to their local police force, outlining the type of firearm they wish to own, their reasons for ownership, and where the firearm will be stored. The application must also include references from individuals who can vouch for the applicant’s character and suitability.
Following the submission of the application, the police will conduct an interview with the applicant, usually at their home, to assess their understanding of firearms safety and to inspect the storage arrangements. UK law requires that firearms be stored securely in a locked cabinet, separate from ammunition, to prevent unauthorised access.
If the police are satisfied that the applicant meets all the necessary criteria and that their reasons for ownership are legitimate, they will issue a firearms or shotgun certificate. This certificate is typically valid for five years, after which it must be renewed.
Conditions of Ownership
Once a firearms or shotgun certificate has been issued, the owner must comply with a range of conditions. Firearms must be used only for the purposes stated in the application, such as target shooting at a certified range or hunting on specified land. The owner is also legally obliged to store the firearm securely at all times, with access limited to the certificate holder.
In addition, the police have the authority to conduct inspections to ensure compliance with the storage and usage conditions. Failure to adhere to these conditions can result in the revocation of the certificate and potential legal action.
Exemptions and Special Cases
Exempt Categories
While the UK’s firearms laws are strict, there are certain exemptions and special cases where individuals may possess firearms without the standard licensing requirements.
One of the most notable exemptions applies to antique firearms. These firearms are generally classified as curiosities or ornaments, and as long as they are not intended for use, they can be legally owned without a licence. However, if an antique firearm is intended to be fired, the owner must obtain the appropriate licence.
Another exemption is for firearms used in historical re-enactments. Individuals participating in these events may use certain types of firearms, provided they adhere to specific regulations and safety standards. Additionally, members of shooting clubs may use firearms under the club’s supervision without holding a personal firearms certificate, although the club itself must be properly licensed.
Farmers and Landowners
Farmers and landowners in the UK often require firearms for pest control and managing livestock. While they are subject to the same licensing requirements as other applicants, they are more likely to meet the “good reason” criteria due to the nature of their work. For example, a farmer may be granted a licence for a rifle or shotgun to control vermin on their land.
The licensing process for farmers and landowners is similar to that of other applicants, but the police will consider the specific needs of the applicant when assessing their application. The security requirements for storage are equally stringent, and the firearms must only be used for the purposes stated in the licence.
Airguns
Airguns occupy a unique position in UK firearms law. While they are generally less regulated than other types of firearms, there are still significant restrictions on their ownership and use. In Scotland, for example, airgun owners must obtain a specific air weapon certificate. In England and Wales, airguns that exceed certain power limits are classified as firearms and require a licence.
The law also imposes strict rules on the sale, transfer, and possession of airguns, particularly in relation to minors. It is illegal to sell an airgun or ammunition to anyone under the age of 18, and those under 18 are not permitted to own or use an airgun unsupervised. Recent legislation has also introduced new offences related to the misuse of airguns, reflecting the government’s commitment to reducing the potential dangers associated with these weapons.
Penalties for Illegal Firearms Possession
Criminal Offences
The unauthorised possession, use, or trafficking of firearms in the United Kingdom is a serious criminal offence. The law is clear and uncompromising when it comes to illegal firearms, with severe penalties designed to deter and punish offenders. Common offences include possessing a firearm without a valid certificate, carrying a firearm in a public place without lawful authority, and using a firearm to commit a crime.
It is also a criminal offence to sell or transfer a firearm to someone who does not hold the appropriate licence. This extends to businesses and individuals alike, and ignorance of the buyer’s lack of a licence is not considered a defence.
Penalties
The penalties for breaching UK firearms laws are severe, reflecting the potential danger that firearms pose to public safety. For illegal possession of a firearm, individuals can face a mandatory minimum sentence of five years in prison, with the maximum penalty being life imprisonment. Lesser offences, such as improper storage or failing to renew a licence, can result in fines, the revocation of a firearms certificate, and possible imprisonment.
The law also allows for the confiscation of firearms and related equipment, as well as the disqualification of the offender from holding a firearms licence in the future. These measures underscore the seriousness with which the UK treats firearms offences and its commitment to maintaining stringent controls over gun ownership and use.
Author – Julie Condliffe
Julie Condliffe is a four-time bestselling author, successful property investor and an award winning solicitor. She is the founding partner of Creative Legals.