Correspondence

Circular 002/2021 The Firearms (Amendment) Rules 2021

Published 21 April 2021

Recording of information on firearms certificates by owners and registered firearms dealers

1. This circular sets out changes to the Firearms Rules 1998 which will take effect from 7 May 2021, and introduce changes relating to:

• the prescribed forms for firearm and shotgun certificates, enabling recording of the “unique identifying mark” on the firearm or shotgun or its component parts
• clarification of the obligation to inform the chief officer of police of the theft, loss or destruction in Great Britain of a firearm or shotgun certificate, or of any firearm or shotgun or ammunition to which the certificate relates.

2. Section 53 of the Firearms Act 1968 gives the Secretary of State a power to make rules prescribing the form of certificates and other things that need prescribing under the Act. The rules made under section 53 are the Firearms Rules 1998 (“the Firearms Rules”).

3. The prescribed forms for applying for a firearm or shotgun certificate, or to vary a certificate are Forms 201 and 201V. Firearms certificates are issued using Form 202 and shotgun certificates are issued using Form 204.

Theft, loss or destruction of a firearm, shotgun, ammunition or certificate

4. Rule 3 (relating to firearms certificates) and rule 5 (relating to shotgun certificates) of the 1998 Rules are amended to clarify the condition imposed on the grant or renewal of a firearm or shotgun certificate requiring the holder of the certificate to inform the chief officer of police by whom the certificate was granted as soon as reasonably practicable but in any event within seven days, of the theft, loss, or destruction in Great Britain of the certificate, and of the theft, loss, deactivation or destruction in Great Britain of any firearm, shotgun or ammunition to which the certificate relates.

Firearm and shotgun certificates - information to be recorded

5. The Firearms (Amendment) (No.2) Rules 2019 amended the Firearms Rules 1998 in December 2019 in respect of the information to be recorded by Registered Firearms Dealers in their register of transactions, in order to implement the requirements of Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons. That included recording the ‘unique identifying mark’ of firearms and shotguns (and relevant component parts) Home Office Circular 010/2019 explains the requirements in more detail.

6. Sections 27 and 28 of the Firearms Act 1968 require that firearms and shotgun certificates, respectively, be in the prescribed form. Those forms are prescribed in the Firearms Rules. Rule 3(6) of the Firearms Rules provides that a firearm certificate is to be in the form set out in Part II of Schedule 1 to those Rules (Form 202). Rule 5(6) of the Firearms Rules provides that a shotgun certificate is to be in the form set out in Part II of Schedule 2 to those Rules (Form 204).

7. Forms 202 and 204 have been amended so that information relating to the firearm or shotguns “unique identifying mark” can be recorded in the Table sections of firearms and shotgun certificates (which captures information on the firearms or shotguns possessed, authorised to be purchased, acquired or transferred). In addition to a description of the firearm or shotgun and its identification number (if any) the “unique identifying mark” as applied to the firearm or shotguns frame or receiver is recorded by owners and Registered Firearms Dealers when a weapon is sold or transferred.

8. In the case of the component parts of a firearm or shotgun, the serial number or “unique identifying mark” applied to the essential components (held on the certificate), where that differs from the marking on the frame or receiver of each firearm, needs to be added to the information recorded on firearms or shotgun certificates.

9. From 7 May 2021, police forces will issue the new-style prescribed firearm and shotgun certificates. Firearms and shotgun certificates issued prior to 7 May 2021 are still valid. These amendments made under the Firearms Rules are not made retrospectively and there is no requirement for police forces to re-issue certificates or for existing certificate holders to apply for a new certificate.

10. Until the prescribed forms for applying for a firearm or shotgun certificate, or to vary a certificate - Forms 201 and 201V - are updated, where a new-style certificate is issued, police forces should ask applicants for information about the guns “unique identifying mark” so that it can be recorded on the new certificate when it is issued.

Notifying

11. Section 33 of the Firearms (Amendment) Act 1997 makes it a requirement that where a person transfers a firearm to any other person, including lending it, selling it, hiring it out or making a gift of it, he/she shall within seven days of the transfer to give notice of the transaction to the Chief Officer of Police who granted the certificate. The same requirements apply, under section 33, to any shotgun which is sold, let on hire or given, or lent for a period of more than 72 hours. Under section 33(3A), notice may by given by registered post, recorded delivery or permitted electronic means.

12. Firearms Forms 202 and 204 have been amended to request such notifications to be made by permitted electronic means. Section 35A of the Firearms (Amendment) Act 1997 sets out the permitted electronic means. Where notification by permitted electronic means is not possible, notice may still be given by registered post or recorded delivery in accordance with section 33(3A).

Sources of further guidance

• Firearms Act 1968
• Firearms (Amendment) Act 1997
• Firearms Rules 1998
• Firearms (Amendment) Rules 2021
• Home Office Guide on Firearms Licensing Law - currently under review
• Firearms licensing guidance