Existing Owners of Former Antique Firearms
17. Section 126(4) to (7) of the 2017 Act and Regulation 3 of the Commencement Regulations make transitional provisions for existing owners of former antique firearms who want to continue to possess them.
18. Regulation 3(1) and (2) of the Commencement Regulations allow existing owners to retain on a firearm certificate (or shotgun certificate, if applicable) any firearms they possess that were previously held as antiques but which no longer fall within the definition of “antique firearm” as a result of the amendments to section 58 of the 1968 Act and the Antique Regulations. Existing owners are those people who possessed such a firearm immediately before the Commencement Regulations and Antique Regulations come into force on 22 March 2021. Under the Commencement Regulations, they will have six months (until 23:59 on 21 September 2021) – a transition period - to make an application to their local police force for a firearm or shotgun certificate or a variation to an existing certificate.
19. The vast majority of firearms affected are expected to be handguns and will therefore also become prohibited weapons under section 5(1)(aba) of the 1968 Act, from which they will no longer be exempt as a result of the changes. However, existing owners will be able to apply to possess them on a firearms certificate without needing a section 5 authority (under section 126(5) of the 2017 Act - but see below in relation to dealers). In the case of any firearms which do not become prohibited weapons - for example, rifles – owners will be able to retain them on a firearm certificate too (see above in relation to the transition period during which such application can be made).
20. In all cases, the usual requirements for being granted a firearm certificate (or a shotgun certificate, if applicable), or for such a certificate being renewed, will apply, except it will not be necessary to show good reason for possessing the firearm (section 126(6) and (7) of the 2017 Act). The police will need to be satisfied that applicants are fit to be entrusted with the firearm, are not a prohibited person, and will not represent a danger to public safety or to the peace.
21. Applicants will be required to put in place appropriate security measures to prevent unauthorised access to their firearm(s). The precise arrangements are for the police to determine based on the level of risk involved in each case, taking account of factors such as local crime rates and location of the property, as set out in the
Firearms Security Handbook 2020. However, the typical level of security required for handguns will be the same as for firearms possessed under section 7(1) of the Firearms (Amendment) Act 1997. This would normally mean level 2 security where no more than two such firearms are held in domestic premises, and level 3 otherwise.
22. The police will also need to determine what conditions to apply to firearm certificates they grant or vary. The key consideration is that these firearms should not be fired and we suggest a condition for pistols and revolvers along the lines of:
“In accordance with section 126 of the Policing and Crime Act 2017, the [calibre PISTOL/REVOLVER] shall be possessed only. Not to possess ammunition suitable for that firearm. Not to be fired.”
23. The Commencement Regulations provide that no offence will be committed under section 1(1)(a) or 2(1) of the Firearms Act 1968 (possession of a firearm or shotgun without a certificate) where someone has applied for a firearm certificate (or a shotgun certificate, if applicable) or a variation of one, during the 6 month transition period and their application remains outstanding or is the subject of an outstanding appeal. To evidence this, it is recommended that police forces issue acknowledgements of applications, and that applicants keep a copy of their application.
24. While the Government is content for existing owners of these firearms to retain them on a firearm certificate, it is not intended that those which are prohibited weapons should subsequently be traded. These weapons have been shown to be particularly attractive to criminals and often feature in crime. Selling or transferring them in the future will therefore not normally be permitted in order to minimise the possibility of them falling into criminal hands. Any future transaction involving such prohibited weapons would need to be authorised under section 5 of the 1968 Act in respect of both parties. While each case would be considered on its merits, a section 5 authority would not normally be granted for the public safety reasons set out above. The situation will be different where a firearm meets the criteria for a historic handgun under section 7 of the Firearms (Amendment) Act 1997 and is licensed accordingly (see below) where the owner will, as now, be able to sell or transfer the firearm to other collectors with the relevant section 7 firearm certificate. See also the section below in relation to sale or transfer during the transition period.
Historic handguns
25. Should a firearm meet the criteria for a historic handgun under sections 7(1) or 7(3) of the Firearms (Amendment) Act 1997, the owner can apply for a firearm certificate relying on one of those sections (see chapter 9 of the Home Office Guide on Firearms Licensing Law). In accordance with section 7, a section 5 authority is not required where such a certificate is held.
26. The onus will be on applicants to demonstrate that their firearm meets the relevant criteria under section 7 of the 1997 Act, but the Home Office will also reinstate the Historic Firearms Reference Panel to assist police forces, where necessary, with additional technical and historical advice in relation to such applications. Police forces should refer any applications where they require the Panel’s advice to Andy Arnell at
HistoricFirearmsReferencePanel@homeoffice.gov.uk, attaching relevant supporting documents and clearly highlighting the specific advice they need.
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