Firearms licensing: frequently asked questions
What are Imitation Firearms?
Imitation firearms:
Imitation, or replica firearms, generally fall into two categories.
(a) Those that can be readily converted into a firearm to which section 1 of the 1968 Act, (firearms requiring a firearm certificate) applies, and
(b) those that cannot.
Those not requiring certification:
The latter are not required to be licensed and therefore, are not subject to most of the regulations regarding firearms. To all intents and purposes they are treated as toys or collectibles.
However, exemption from the certification procedures does not automatically exempt such a "firearm" from all the other provisions of the Act, the application of which should be considered separately.
Those requiring certification:
Those that can be readily converted into section 1 firearms are treated as such and must be held by virtue of a valid certificate or permit. Other such imitation firearms may even be section 5 prohibited weapons. For instance, as handguns, subject to certain exceptions are now prohibited weapons, such a readily convertible imitation handgun would also be prohibited.
A readily convertible replica of a rifle, not subject to section 5 prohibition, would be a section 1 firearm and require to be held on a firearm certificate. The owner would also need to satisfy all the other criteria regarding section 1 firearms, including his need of such a weapon.(see "good reason" ).
Section 57 (4) of the 1968 Act includes a definition, which states -
"Imitation firearm means any thing which has the appearance of being a firearm
(other than such a weapon as is mentioned in section 5 (1)(b) of this Act) whether or not it is capable of discharging any shot, bullet or other missile."
Imitation firearms may also be made, adapted or converted to be capable of firing blank ammunition. (see "What is a blank firing weapon?")
The Firearms Act 1982
The Firearms Act 1982 provides control of those imitation firearms readily convertible into firearms to which section 1 of the 1968 Act applies.
Important aspects of this Act are:
Section 1 (1) This Act applies to an imitation firearm if:
(a) it has the appearance of being a firearm to which section 1 of the 1968 Act, (firearms requiring a firearm certificate), applies: and
(b) it is so constructed or adapted as to be readily convertible into a firearm to which that section applies.
Section 1 (6) For the purposes of this section an imitation firearm shall be regarded
as readily convertible into a firearm to which section 1 of the 1968 Act
applies if:
(a) it can be so converted without any special skill on the part of the person converting it in the construction or adaptation of firearms of any description: and:
(b) the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own homes.
From this it can be seen that great care must be taken when considering the acquisition of imitation firearms. Without specialist knowledge or advice the layman could find himself breaking the law.
However, there is a statutory defense provided within this Act as follows:
Section 1 (5) In any proceedings brought by virtue of this section for an offence
under the 1968 Act, involving an imitation firearm to which this Act applies, it shall be a defense for the accused to show that he did not know and had no reason to suspect that the imitation firearm was so constructed or adapted as to be readily convertible into a firearm to which section 1 of that Act applies.
Any imitation firearm suspected of falling within the definition of being so constructed or adapted as to be readily convertible into a firearm to which section 1 of the 1968 Act applies, would normally require to be submitted for testing at a forensic laboratory, before any lawful proceedings were undertaken.
Ultimately only a court can decide whether or not a particular imitation firearm requires
a firearm certificate.