Correspondence

Circular 004/2020: Firearms licensing - EU exit

Published 15 December 2020

1. This circular sets out changes to firearms legislation as a result of the UK’s exit from the EU. The changes are contained in Part 15 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019, which comes into effect when the transition period ends on 31 December 2020.

Background

2. Part 15 of the 2019 regulations amends various parts of domestic firearms legislation and retained EU law in order to maintain the necessary safeguards and controls on the possession etc of firearms and shotguns, while removing provisions reflecting reciprocal arrangements which will no longer apply once the UK has withdrawn from the EU, such as those relating to the European Firearms Pass (EFP).

European Firearms Pass

3. The most significant change to firearms legislation will be the repeal of provisions in the Firearms Act 1968 for the issue of the European Firearm Pass (EFP). After the transition period ends on 31 December 2020, GB certificate holders will no longer be able to obtain an EFP and will no longer be able to use one to travel to the EU with their firearm or shotgun. Police forces in Great Britain will no longer issue EFPs to GB certificate holders. The relevant provisions that give effect to this are contained in regulation 59 of the 2019 regulations.

4. From 1 January 2021, GB certificate holders who wish to travel to the EU with their firearm or shotgun should contact the authorities in the country or countries they intend to travel to, or through, (or their embassy in this country) to find out what their local firearms licensing requirements are for individuals travelling from outside of the EU, and to comply with these and also applicable import/export controls.

5. Visitors to GB from the EU will still have to apply for a visitor’s permit in order to bring their firearm or shotgun into the UK. It will no longer be a legal requirement for them to produce their EFP in support of their application but it will remain open for them to do so as one form of evidence of their suitability to bring a firearm into GB, although the police might also require additional evidence depending on the circumstances of each case.

6. The situation will be different in Northern Ireland where, in line with the NI Protocol, NI certificate holders will still be able to obtain and use EFPs.

Other changes to the Firearms Act 1968

7. Regulation 59 will amend the 1968 Act in the following additional ways:

a. collectors of firearms

Section 5A(3) of the 1968 Act is omitted. This subsection refers to the possession, purchase or acquisition of prohibited weapons in the case of persons who are recognised by an EU member state as a collector of firearms or a body concerned in the cultural or historical aspects of weapons. This is subject to a saving provision in regulation 60 which will ensure that anyone who is in possession of prohibited weapons immediately before 1 January 2021 and who does not hold an authority by virtue of the exemption provided by section 5A(3), does not commit an offence.

b. possession and use of firearms by persons under the age of 18

Section 22(1A), which makes it an offence for a certificate holder under the age of 18 to use a firearm for a purpose not authorised by the EU Weapons Directive, is omitted. Sections 27(1A) and 28(1C), which provide that a person under the age of 18 shall have a good reason for having a firearm or shotgun if they intend to use it for a purpose authorised by the EU Weapons Directive, are also omitted.

c. notification of certain transactions involving the holders of visitor’s permits

Section 42A(1)(b) of the 1968 Act requires the notification of a transaction involving a shotgun with a magazine where the recipient fails to show that the transaction falls within the terms of their visitors’ permit or that they reside outside the EU. The regulations replace the reference to ‘member states’ with a reference to ‘Great Britain’.

d. production of certificates

Section 48(1A) is omitted. This section requires a person whom the police believe to be in possession of a firearm or shotgun, to produce either their certificate or a document issued by an EU member state showing lawful possession under EU law.

e. interpretation

Section 57(4A), which sets out the purposes authorised by the European Weapons Directive for the use of firearms, is omitted. Definitions relating to EU law are also omitted.

Firearms (Amendment) Act 1988

8. Regulation 61 makes consequential amendments to the 1988 Act to remove or amend references to EU law in respect of: the sale or transfer of defectively deactivated firearms, the issue of visitor’s permits, firearms acquired for export, and the notification by GB residents of firearms purchased or acquired in EU countries.

Firearms Acts (Amendment) Regulations 1992

9. Regulation 62 amends the 1992 regulations in respect of the exchange of information required under the European Weapons Directive

Firearms (Amendment) Act 1988 (Amendment Regulations) 2011

10. Regulation 63 amends the 2011 regulations to omit the requirement to review the operation of provisions relating to EFPs and visitors permits, which are being removed under Regulation 61.

Commission Implementing Regulation (EU) No 2015/2403

11. Regulation 58 amends this item of retained EU law relating to deactivation standards for Great Britain. It substitutes references to the EU Weapons Directive and requirements for the verification and certification of deactivated firearms, with references to the equivalent part of GB domestic legislation to ensure the continuation of deactivation standards and techniques. References to EU member states are amended to reflect the fact that the UK is no longer a member state. Articles of the regulation which will no longer have practical application in relation to GB are also omitted.