Firearms (Amendment) Act 1988
Encyclopedia
The Firearms Act 1988 (1988 c.45) is an Act
of the Parliament of the United Kingdom
, which is still in force. The Act, as amended, tightens controls on the possession of firearms, and applies throughout the whole of the United Kingdom
except for Northern Ireland
. It gained the Royal Assent
on 15 November 1988, and came into force two months later.
of 1987, where sixteen people had been killed by a man using two legally-owned semi-automatic rifles, and a handgun.
, which defined the class of prohibited weapons, by extending it to cover burst fire firearms, semi-automatic and pump action rifles other than those chambered for .22 rimfire ammunition, semi-automatic and pump action smoothbore guns other than those chambered for .22 rimfire and with a barrel shorter than 24 inches in length or an overall length less than 40 inches (to be measured without detachable stocks or with folding stocks folded), smoothbore revolvers other than muzzle-loaders or one chambered for 9mm rimfire ammunition, and finally any rocket-launcher or mortar which fired a stabilised missile. It also prohibited exploding ammunition, as well as ammunition containing noxious substances and any form of grenade or shell designed to be projected from a firearm.
Additionally, section 1 (4) of the Act gave the Home Secretary
the power to prohibit any firearm or type of ammunition not on the list, provided that it had not been widely sold in Britain before 1988, and that it appeared to be "specially dangerous" or constructed so as to evade metal detectors.
Section 2 amended the 1968 Act to limit the type of shotguns which required a shotgun certificate instead of a firearm certificate; this was now defined as a shotgun which had a barrel longer than 24 inches, a calibre of under two inches (25.4mm), and no magazine larger than a fixed two-cartridge magazine. Section 3 amended the regulations for issuing a shotgun license, allowing the police to refuse a license if the applicant was felt not to have a good reason for possessing a shotgun, or was believed to be prohibited by the Act. Section 5 prohibited the sale of shotgun ammunition except to someone entitled under the Act to possess a shotgun, or someone acting on their behalf.
The Act made it an offence to modify a shotgun to have a barrel less than 24 inches in length, and stipulated that a prohibited weapon which had been converted into another type of weapon remained prohibited with the exception of the fitting of a barrel longer than 24 inches to a pump action or semi-automatic shotgun that had previously had a shorter barrel fitted. However, a prohibited firearm could be "deactivated" and thus no longer fall under the scope of the Act.
Sections 9 through 12 governed the issuing of firearm certificates, whilst section 13 modified the regulations involving firearms dealers and section 14 required people transporting or storing firearms to store them securely and report any loss to the police.
There were a number of specified exemptions to the requirement for a license; members of approved rifle or pistol clubs were allowed to carry and use firearms when target shooting even if they did not themselves hold a license, and someone over the age of seventeen was allowed to borrow a legally-held firearm from its owner and use it, under supervision of the owner and complying with the owner's license, on private premises. Foreign visitors could hold a "visitor's permit", which allowed them to possess any legal firearm without a license; this license would be granted by the local police. It was also possible to purchase a firearm without a license if it was intended to be promptly exported. Finally, firearms in museums were exempted from certain provisions.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, which is still in force. The Act, as amended, tightens controls on the possession of firearms, and applies throughout the whole of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
except for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It gained the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 15 November 1988, and came into force two months later.
Background
The Act was passed in response to the Hungerford massacreHungerford massacre
The Hungerford massacre occurred in Hungerford, Berkshire, England, on 19 August 1987. The gunman, 27-year-old Michael Robert Ryan, armed with two semi-automatic rifles and a handgun, shot and killed sixteen people including his mother, and wounded fifteen others, then fatally shot himself...
of 1987, where sixteen people had been killed by a man using two legally-owned semi-automatic rifles, and a handgun.
Provisions
The Act amended Section 5 of the Firearms Act 1968Firearms Act 1968
The Firearms Act of 1968 is a UK Act of Parliament controlling use and possession of firearms....
, which defined the class of prohibited weapons, by extending it to cover burst fire firearms, semi-automatic and pump action rifles other than those chambered for .22 rimfire ammunition, semi-automatic and pump action smoothbore guns other than those chambered for .22 rimfire and with a barrel shorter than 24 inches in length or an overall length less than 40 inches (to be measured without detachable stocks or with folding stocks folded), smoothbore revolvers other than muzzle-loaders or one chambered for 9mm rimfire ammunition, and finally any rocket-launcher or mortar which fired a stabilised missile. It also prohibited exploding ammunition, as well as ammunition containing noxious substances and any form of grenade or shell designed to be projected from a firearm.
Additionally, section 1 (4) of the Act gave the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
the power to prohibit any firearm or type of ammunition not on the list, provided that it had not been widely sold in Britain before 1988, and that it appeared to be "specially dangerous" or constructed so as to evade metal detectors.
Section 2 amended the 1968 Act to limit the type of shotguns which required a shotgun certificate instead of a firearm certificate; this was now defined as a shotgun which had a barrel longer than 24 inches, a calibre of under two inches (25.4mm), and no magazine larger than a fixed two-cartridge magazine. Section 3 amended the regulations for issuing a shotgun license, allowing the police to refuse a license if the applicant was felt not to have a good reason for possessing a shotgun, or was believed to be prohibited by the Act. Section 5 prohibited the sale of shotgun ammunition except to someone entitled under the Act to possess a shotgun, or someone acting on their behalf.
The Act made it an offence to modify a shotgun to have a barrel less than 24 inches in length, and stipulated that a prohibited weapon which had been converted into another type of weapon remained prohibited with the exception of the fitting of a barrel longer than 24 inches to a pump action or semi-automatic shotgun that had previously had a shorter barrel fitted. However, a prohibited firearm could be "deactivated" and thus no longer fall under the scope of the Act.
Sections 9 through 12 governed the issuing of firearm certificates, whilst section 13 modified the regulations involving firearms dealers and section 14 required people transporting or storing firearms to store them securely and report any loss to the police.
There were a number of specified exemptions to the requirement for a license; members of approved rifle or pistol clubs were allowed to carry and use firearms when target shooting even if they did not themselves hold a license, and someone over the age of seventeen was allowed to borrow a legally-held firearm from its owner and use it, under supervision of the owner and complying with the owner's license, on private premises. Foreign visitors could hold a "visitor's permit", which allowed them to possess any legal firearm without a license; this license would be granted by the local police. It was also possible to purchase a firearm without a license if it was intended to be promptly exported. Finally, firearms in museums were exempted from certain provisions.