Section 21. Possession of
firearms by persons previously convicted of crime
- 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.
- 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.]
- 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];
- It is an offence for a person to contravene any of the foregoing
provisions of this section.
- 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.
- 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.
- 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 |
|