Statutory Controls on Firearms

This note summarises the legislation restricting the possession and use of firearms in England and Wales and proposals for change.

Controls of varying degrees are placed on a number of different categories of weapons under the Firearms Acts. Low-powered airguns, deactivated firearms, antiques and imitation firearms are not subject to licensing, although the possession and use of air guns and imitation firearms may involve the commission of criminal offences in a number of different circumstances. Firearms which are considered particularly dangerous are prohibited under section 5 of the Firearms Act 1968 and cannot generally be held without the authority of the Secretary of State. All “firearms”, other than those which are not subject to licensing, must be held on a certificate issued by the local chief officer of police or, in the case of prohibited weapons, by the Secretary of State.

The Association of Chief Police Officers made proposals for reform to statutory controls in an expert report compiled following the shootings in Cumbria on 2 June 2010. The Home Affairs Committee’s report on firearms control, published in December 2010, also made recommendations for change. The Home Secretary wrote to the Committee in December 2012 to provide an update on the Government’s progress in implementing its recommendations, including the introduction of revised firearms guidance for the police, legislation for a new offence of possession with intent to supply and an increased maximum sentence for the importation offence, stronger guidance on how reports of domestic violence should be treated by police considering firearms applications, strengthening the GP consultation process and exploring whether firearms prohibition measures should apply to suspended sentences.