Correspondence

The Firearms Regulations 2015

Published 16 April 2015

1. This circular covers the amendments made to the Firearms (Amendment) Act 1997 by The Firearms Regulations 2015 (‘the Regulations’) in order to complete the implementation in the United Kingdom of the European Weapons Directive 2008/51.

2. EU Weapons Directive 91/477/EEC was amended by Article 2 of Directive 2008/51/EC and now places a requirement on Member States to establish and maintain for 20 years a computerised data filing system that records details of each firearm[1] and the names and addresses of persons who possess, acquire, supply and transfer firearms (article 4(4)).The Directive allows this to be achieved through either a centralised or decentralised system.

3. The Government has opted for the centralised approach and will be relying on our existing centralised systems to implement the Directive: the National Firearms Licensing Management System (NFLMS) in England and Wales and SHOGUN in Scotland and Northern Ireland.

4. In England, Wales and Scotland we will not be requiring the police or certificate holders to record anything more or less than they are already required to do under section 33 of the Firearms (Amendment) Act 1997 and the Firearms Rules 2014 (as amended).

5. The police already receive and record the information required onto centralised data filing systems – NFLMS and SHOGUN. The only difference is the length of time (at least 20 years) that the details of each firearm and the names and addresses of persons who possess, acquire, supply and transfer firearms must be retained.

6. The Regulations do apply to Northern Ireland but this circular only covers England, Wales and Scotland. A link to the Department of Justice Northern Ireland

7. The amendments to the Firearms Act will come into force on Thursday, 16 April 2015.

    Amendments to Section 39 of the Firearms (Amendment) Act 1997
   

8. Regulation (2) amends the heading of the section to more accurately reflect the contents of the amended provision.

9. Regulation (3) retains the existing wording of the section so that the register still retains details of (a) all persons who have applied for a firearm or shot gun certificate or to whom a firearm or shot gun certificate has been granted or whose certificate has been renewed and now includes (b) the details of each firearm to which the certificate relates.

10. Regulation (4) replaces the existing wording of section 39(2) so that it now requires:

(a) the recording of a suitable identifying number for each person to whom a firearm or shot gun certificate is issued

(b) the register to be kept by means of a computer which provides access on-line to all police forces.

(c) the following information to be recorded for each firearm:

• the type, make, model[2], calibre and serial number[3] of the firearm[4];
• the name and address of the holder of the certificate who acquires or possesses the firearm;
• the name and address of the person from whom the holder of that certificate purchased or acquired the firearm; and,
• where the holder of that certificate sells or transfers the firearm, the name and address of the person to whom it is sold or transferred.

(d) that these records are maintained for not less than twenty years beginning with the date that they are first entered onto the register.

1. Further, regulation (4) adds two new subsections to section 39:

a) Section 39(3) covers the situation where a firearm may have been added to a certificate before the firearm has actually been purchased or acquired by the holder.In these circumstances, the firearm would not need to be recorded on the register (unless this is required for other reasons i.e where the certificate holder selling the firearm is obliged to do so).

b) Section 39(4) requires recording the names and addresses at the time of the purchase, acquisition, sale or transfer in subsection (2)(c)(iii) and (iv). This does not affect the requirement in the Firearms Rules 2014 (as amended) to notify change of address.

1. Regulation (5) makes it clear that the Regulations do not require notification of the name and address of the person from whom the holder of a certificate purchased or acquired their firearm where this transaction took place before 16 April 2015.

Please see following links:

The Firearms Regulations 2015

Firearms Act 1968

Firearms (Amendment) Act 1997

Home Office guide on Firearms Licensing Law

Government website: https://www.gov.uk/firearms-licensing-police-guidance

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[1] Including shot guns

[2] Model may typically refer to the action or description of the weapon – for example, side by side, over and under, bolt action.

[3] Where known.

[4]The information required by (i) ensures that there is a sufficient description of the firearm for the purposes of tracing it.