Current & Upcoming Leagues

Please select one of the League Organisations above to view their current league results and leagues that are open for entry.
© Copyright 2007-2017 Critchell Software Solutions, All Rights Reserved

Section 21 Firearms Act - Rifle Leagues

Declaration under Section 21 of the Firearms Act 1968

At a recent Firearms meeting reps were informed of several pending changes to the firearms act and its administration. For Club Secretaries there is a change to Section 21 which relates to the prohibited possession and use of firearms and ammunition. At the moment anyone having served a custodial sentence is prohibited from using or possessing firearms and ammunition for a period related on the length of the sentence served. From July this prohibition also applies to suspended sentences.

Here (click to download) is a declaration form issued by the Cambridgeshire Firearms Licencing Department for Clubs to use with future new member application forms. You will see that it also includes the refusal or revocation of a certificate.

The other changes relate to variation forms which will be reduced form 3 to 2 pages and will be available online as adobe files. Also, for future renewal and granting of FACs, referees will still need to give their full details as previously including date of birth to allow for their validity checking, but they will no longer be required to sign the form personally on the back of the photographs, which will then allow for easier on-line applications. There are also a number of changes to the notes sections to help clarify procedures.

Section 21. Possession of firearms by persons previously convicted of crime

  1. A person who has been sentenced [F1 to custody for life or] to preventive detention, or to imprisonment or to corrective training for a term of three years or more [F1 or to youth custody [F2 or detention in a young offender institution] for such a term], or who has been sentenced be detained for such a term in a young offenders institution in Scotland, shall not at any time have a firearm or ammunition in his possession.
  2. A person who has been sentenced . . . F3 to imprisonment for a term of three months or more but less than three years [F4 or to youth custody [F5 or detention in a young offender institution] for such a term], or who has been sentenced to be detained for such a term in a detention centre or in a young offenders institution in Scotland [F6 or who has been subject to a secure training order [F7 or a detention and training order]], shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.
    [F8 (2A) For the purposes of subsection (2) above, “the date of his release” means—
    (a)in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;
    (b )in the case of a person who has been subject to a secure training order—
    (i) the date on which he is released from detention under the order;
    (ii )the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or
    (iii )the date halfway through the total period specified by the court in making the order,
    whichever is the later.]
    [F9(c) in the case of a person who has been subject to a detention and training order—
    (i)the date on which he is released from detention under the order;
    (ii)the date on which he is released from detention ordered under [F10section 104 of the Powers of Criminal Courts (Sentencing) Act 2000]; or
    (iii)the date of the half-way point of the term of the order,
    whichever is the later.]
    [F11 (d) in the case of a person who has been subject to a sentence of imprisonment to which an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003 relates, the date of his final release.]
    [F12 (2B) A person who is serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates shall not during anylicence period specified for the purposes of subsection (1)(b)(i) of that section have a firearm or ammunition in his possession.]
  3. A person who—
    (a) is the holder of a licence issued under section 53 of the M1 Children and Young Persons Act 1933 or section 57 of the M2 Children and Young Persons (Scotland) Act 1937 (which sections provide for the detention of children and young persons convicted of serious crime, but enable them to be discharged on licence by the Secretary of State); or
    (b) is subject to a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm, or is subject to a [F13 community order] containing a requirement that he shall not possess, use or carry a firearm; or
    (c) has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm;
    shall not, at any time during which he holds the licence or is so subject or has been so ordained, have a firearm or ammunition in his possession.
    [ F14 (3ZA) In subsection (3)(b) above, “community order” means—
    (a)a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or
    (b)a probation order made in Scotland.]
    [F15 (3A) Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment];
  4. It is an offence for a person to contravene any of the foregoing provisions of this section.
  5. It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession.
  6. A person prohibited under subsection (1), (2) [F16, (2B)] [F17 (3) or (3A)] of this section from having in his possession a firearm or ammunition may apply to [F18 the Crown Court] or, in Scotland, in accordance with Act of Sederunt to the sheriff for a removal of the prohibition; and if the application is granted that prohibition shall not then apply to him.
  7. Schedule 3 to this Act shall have effect with respect to the courts with jurisdiction to entertain an application under this section and to the procedure appertaining thereto.

Annotations:

Amendments (Textual)
F1 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 24(a)
F2 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), Sch. 8 paras. 6, 16
F3 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(2), Sch. 8 para. 16, Sch. 16
F4 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 24(b)
F5 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 paras. 6, 16
F6 Words in s. 21(2) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 24(2)(a); S.I. 1998/277, art. 3(2)
F7 Words in s. 21(2) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 14(1); S.I. 1999/3426, art. 3(b)
F8 S. 21(2A) substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 24(2)(b); S.I. 1998/277, art. 3(2)
F9 S. 21(2A)(c) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 14(2); S.I. 1999/3426, art. 3(b)
F10 Words in s. 21(2A)(c)(ii) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 31
F11 S. 21(2A)(d) inserted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3). Sch. 32 para. 12(2); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F12 S. 21(2B) inserted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 12(3); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F13 Words in S. 21(3)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 12(4); S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2)
F14 S. 21(3ZA) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 12(5); S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2)
F15 S. 21(3A) inserted by Criminal Justice Act 1972 (c. 71), ss. 29, 66(7)(a)
F16 Words in s. 21(6) substituted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3). Sch. 32 para. 12(6); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F17 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 29, 66(7)(a)
F18 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II
Marginal Citations
M1 1933 c. 12.
M2 1937 c. 37.

Offence Max penalty
imprisonment
Max penalty
fine
Drunk in charge of a loaded firearm One month £200
Murder Life  
Wounding/Grievous bodily harm Life £ unlimited
Threats to kill Ten years £ unlimited
Offensive weapon in a public place Four years £ unlimited
Manslaughter Life £ unlimited
Actual bodily harm Two years £ unlimited
Common assault Ten years £ unlimited
Criminal damage Ten years £5,000
Having anything in his custody or control intending to use it to cause criminal damage Ten years £5,000
Possessing a firearm with intent to endanger life or injure property Ten years £ unlimited
Possessing a firearm with intent to cause fear or unlawful violence Ten years £ unlimited
Using firearms to resist arrest Life £ unlimited
Prohibited person possessing firearm or ammunition Five years £ unlimited
Possession of firearm with intent to commit an offence Life £ unlimited
Carrying loaded firearm in public place Seven years £ unlimited
Trespassing with firearm in building/on land Seven years £ unlimited
Person under seventeen acquiring firearm Six months £5,000
Person under 14 possessing airgun or ammunition   £1,000
Person under 17 having air weapon in a public place   £1,000
Person under 14 making improper use of airgun when under supervision   £1,000
Adult supervisor of person under 14 making improper use of an airgun   £1,000
Selling a firearm (includes airgun) to a person under 17 Six months £5,000
Supplying air weapon to person under 14   £1,000
Failure to hand over firearm or ammunition to constable for examination   £1,000
Discharging a firearm within fifty feet of the centre of a highway causing injury, interruption or danger   £1,000
Discharging a firearm within fifty feet of the centre of a highway causing damage   £1,000
Wantonly discharging firearm in street 14 days £1,000
At the time of arrest for scheduled offence has in his possession a firearm or imitation without lawful object Life £ unlimited
Ill-treat or cause unnecessary suffering to any animal 6 months £5,000
Aggravated burglary Life  
Kill, injure any wild animal under Schedule 5 Wildlife and Countryside Act 1981   £1,000
Supply firearms to a person drunk or insane 3 months £1,000