happypig Posted June 28, 2014 Report Share Posted June 28, 2014 From a home office circular from .gov site Relevant to those convicted of crime. Section 110 extends the definition of a prohibited person. 11.Subsection (1) amends section 21 of the Firearms Act 1968 Act. Section 21 prohibits persons who have previously been sentenced to imprisonment for a term of between three months and three years from possessing firearms or ammunition for a period of five years. Persons who have previously been sentenced to imprisonment for a term of more than three years are permanently prohibited. 12.Section 110 inserts section 21 (2C) which extends the definition of a prohibited person to include persons with suspended sentences of three months or more. The period of five years will begin on the second day after the date on which sentence has been passed. 13.This timescale has been set so that a person who is in possession of a firearm or ammunition is not in immediate breach of the law when the sentence is passed and has an opportunity to make arrangements to transfer or dispose of their firearm or ammunition. This includes an antique firearm (see para 20). 14.Police firearms licensing departments should be monitoring the behaviour of their firearms certificate holders. In line with best practice it would therefore be advisable to review the outcome of any court appearances to ensure that those receiving suspended sentences on or after 14 July are aware that they would need to transfer or dispose of their firearm and/or ammunition. 15.Subsection (3) makes a transitional provision that enables a person with a suspended sentence to continue to possess firearms and ammunition for the remainder of a firearm certificate that was valid immediately before subsection (1) comes into force. 16.This means that a person who received a suspended sentence before 14 July and already has a firearm certificate would be able to retain their firearm and ammunition for the duration of their certificate. 17.However, this does not apply to renewals. Therefore, when the extant certificate expires, the applicant would have to apply for a renewal, at which point if the applicant was still prohibited under section 21(2C) (see paragraph 12), the renewal would be refused under section 27(1)(a). 18.If a person received a suspended sentence of 3 months or more before 14 July, that is still running on or after 14 July, they would not be able to purchase or possess a firearm or ammunition for the duration of the prohibition in section 21(2C) (see paragraph 12). 19.If a person receives a suspended sentence on 14 July or subsequently then they would not be able to purchase or possess a firearm or ammunition for a period of five years from the second day after sentence. 20.Subsection (2) amends section 58(2) of the Firearms Act 1968. Section 58(2) allows antique firearms to be possessed without a certificate as a curiosity or ornament. Subsection (2) ensures that persons prohibited from possessing firearms under section 21 (including those with suspended sentences) will now be unable to possess antique firearms. 21.This means that if a person is a prohibited person on 14 July 2014 then they cannot possess an antique firearm. 22.A permanently prohibited person is someone who has been sentenced to a term of imprisonment of more than three years. A prohibited person is someone who has been sentenced to a term of imprisonment, or received a suspended sentence, of between three months and three years and has been prohibited from possessing firearms for a period of five years. 23.The word antique is not defined in the Act and it is for the chief officer of police and for the courts to consider each case on its merits. Further guidance can be found in the Home Office Guide to Firearms Licensing Law paragraph 8.3. 24.A prohibited person who lawfully possesses an antique firearm before the commencement of these powers will need to dispose of their firearm by 14 July 2014. Disposal could include: sell the firearm; surrender the firearm at a police station; take firearm to a registered firearms dealer; pass possession of the firearm to someone else who is lawfully entitled to possess it. 25.Possession of a firearm and ammunition during a period of prohibition is an offence under section 21(4) of the Firearms Act 1968 and attracts a maximum sentence of five years. This includes an antique firearm. 26.A person prohibited from possessing a firearm and ammunition may apply to the Crown Court or, in Scotland in accordance with Act of Sederunt to the sheriff, for the removal of the prohibition under section 21(6) of the Firearms Act 1968. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted June 28, 2014 Report Share Posted June 28, 2014 I blame the environment agency Quote Link to comment Share on other sites More sharing options...
clakk Posted June 29, 2014 Report Share Posted June 29, 2014 nah it,s the EU i blame ack ack ,them and the womans institute cake baking division Quote Link to comment Share on other sites More sharing options...
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