The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 Criminal Law, England and Wales Criminal Law, Northern Ireland UK Statutory
InstrumentsPage 1 of 1Draft Order laid before Parliament under section 141(11E) of the Criminal Justice Act 1988, for approval by resolution of each House of
Parliament.
Draft Statutory Instruments 2008 No.

Criminal Law, England And Wales Criminal Law, Northern Ireland

The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008 Made2008Coming into force 6th April 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 141(2) and (11D) of the Criminal Justice Act 1988(1).
In accordance with section 141(11E) of that Act(2), a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent

1.—(1) This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008 and shall come into force on 6th April 2008.

(2) This Order extends to England and Wales and Northern Ireland. Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
2.—(1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988(3) (which specifies offensive weapons for the purposes of section 141 of
the Criminal Justice Act 1988) is amended as follows.

(2) In paragraph 1, after sub-paragraph (q) insert— “(r) a sword with a curved blade of 50 centimetres or over in length; and for
the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.”.

(3) After paragraph 2 insert—
“3. It shall be a defence for a person charged—
(a) with an offence under section 141(1) of the Criminal Justice Act 1988; or (b) with an offence under section 50(2) or (3) of the Customs and Excise
Management Act 1979(4), in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of
paragraph 1(r) to show that the weapon in question was made in Japan before 1954 or was made in Japan at any other time according to traditional methods of
forging swords.

4. It shall be a defence for a person charged—
(a) with an offence under section 141(1) of the Criminal Justice Act 1988; or (b) with an offence under section 50(2) or (3) of the Customs and Excise
Management Act 1979, in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of
paragraph 1(r) to show that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted
activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding
of such an activity.

5. For the purposes of paragraph 4—
“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a
particular time or period in the past;“insurance” means a contract of insurance or other arrangement made for the purpose of indemnifying a person or persons
named in the contract or under the arrangement;“permitted activity” means an historical re-enactment or a sporting activity;“sporting activity” means the
practising of a sport which requires the use of a weapon described in paragraph 1(r);“third parties” includes participants in, and spectators of, a permitted
activity and members of the public.6. For the purposes of paragraphs 3 and 4, a person shall be taken to have shown a matter specified in those paragraphs if—
(a) sufficient evidence of that matter is adduced to raise an issue with respect to it; and (b) the contrary is not proved beyond a reasonable doubt.”.

Minister of StateHome Office
EXPLANATORY NOTE
(This note is not part of the Order)
Section 141 of the Criminal Justice Act 1988 (“section 141”) provides that any person who manufactures, sells or hires or offers for sale or hire, exposes or
has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an
offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or
both. The importation of any such weapon is prohibited.
The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (the “1988 Order”) specifies descriptions of weapons to which section 141 applies. This Order adds
swords with a curved blade of 50 centimetres or over in length to the list of specified weapons contained in the 1988 Order. In relation to such swords, this
Order also provides for defences to an offence under section 141(1) and section 50(2) or (3) of the Customs and Excise Management Act 1979. These defences apply
in relation to certain swords made in Japan or where the conduct which gave rise to the offence was undertaken for the purposes of certain historical
re-enactments and sporting activities. The Order also makes provision for the standard of proof in relation to these defences.

(1)1988 c.33. Section 141(11D) is inserted in relation to England and Wales by section 43(4) of the Violent Crime Reduction Act 2006 (c.38) and in relation to
Northern Ireland by paragraph 11(3) of Schedule 2 to that Act. Back [1](2)Section 141(11E) is inserted in relation to England and Wales by section
43(4) of the Violent Crime Reduction Act 2006 (c.38) and in relation to Northern Ireland by paragraph 11(3) of Schedule 2 to that Act. Back [2](3)S.I. 1988/2019,
amended in relation to England and Wales and Northern Ireland by S.I. 2002/1668 and 2004/1271. Back [3](4)1979 c.2. Relevant amendments are section 114 of the
Police and Criminal Evidence Act 1984 (c.60), regulation 4(1)(a) of S.I. 1996/2686 and section 12 of the Finance Act 1988 (c.39). Back [4]

ANTIQUE FIREARMS
8.1 Section 58(2) of the 1968 Act exempts from the provisions of the Act – including certificate controls under sections 1 and 2 and prohibition under section 5
all antique firearms which are sold, transferred, purchased, acquired or possessed as curiosities or ornaments. The word “antique” is not defined in the Act and it is for the chief officer of police and for the Courts to consider each case on its merits. However, it is suggested that the categories in this Chapter should be used as a guide in deciding whether a particular firearm might be considered an “antique” for these purposes.

8.2 In issuing guidance on this matter, the Home Office has always taken the view that this term should be taken to cover those firearms of a vintage and design such that
their free possession does not pose a realistic danger to public safety.

8.3 In making recommendations on this issue, the Firearms Consultative Committee (FCC) started from the premise that public safety considerations must be uppermost, and those arms which are commonly used in crime should remain subject to certificate control, irrespective of age.

8.4 It remains the case that where an antique firearm is possessed for any other purpose than as a “curiosity or ornament”, all the provisions of the Firearms Acts from 1968 to 1997 will continue to apply, including those relating to certificate requirements. The intent to fire the gun concerned, even with blank charge or ammunition (for example for the purposes of historical re-enactment displays), would take it beyond the terms of “curiosity or ornament”. This does not preclude the possession of such firearms on certificate for the purposes of collection and occasional firing. Where the “good reason” for possession is collection and not target shooting, section 44 requiring membership of a club to be named on the certificate is not applicable. In the case of such firearms which might otherwise benefit from section 58(2), but where the owner wishes to fire them for test, research, re-enactment, target shooting or competition purposes, no test of frequency of use should be applied: the primary reason for possession may be collection, and the owner may properly not wish to subject such an arm to the wear and tear of regular use. An antique may therefore be brought on to certificate or removed, as the case might be, from time to time or where there is a change in ownership. A signed statement of intent should be sufficient to effect the necessary change of status when required. A variation fee would become payable where an “antique” is brought onto certificate to allow it to be fired.

Part I: Old weapons which should benefit from exemption as antiques under section 58 (2) of the Firearms Act 1968

8.5 Pre-1939 weapons to benefit from exemption as antiques are as follows:
a) All muzzle-loading firearms;
b) Breech-loading firearms capable of discharging a rimfire cartridge other than 4mm, 5mm, .22 inch or .23 inch (or their metric equivalents), 6mm or 9mm rimfire;
c) Breech-loading firearms using ignition systems other than rimfire and centrefire (These include pin-fire and needle-fire ignition systems, as well as the more obscure lip fire, cup-primed, teat fire and base fire systems);
d) Breech-loading centrefire arms originally chambered for one of the obsolete cartridges listed in Appendix 5 and which retain their original chambering;
e) Shot guns and punt guns chambered for the following cartridges (expressed in imperial measurements): 32 bore, 24 bore, 14 bore, 10 bore (2-5/8in and 2-7/8in only), 8 bore, 4 bore, 3 bore, 2 bore, 11/8 bore, 11/4 bore and 11/2 bore, and vintage punt guns and shot guns with bores greater than 10. It also includes vintage (pre-1939) rifles in these bores.

Note (i) – The exemption does not apply to ammunition, and the possession of live ammunition suitable for use with an otherwise antique firearm may indicate that the firearm is not possessed as a curio or ornament.

Note (ii) – The exemption does not apply to firearms of modern manufacture which otherwise conform to the description above. For these purposes, “modern manufacture” should be taken to mean manufacture after the outbreak of the Second World War in 1939. Fully working modern firing replicas of muzzle-loading and breech-loading firearms, for example those used to fire blanks by historical re-enactment societies but capable of firing live ammunition, must be held on certificate. This includes replica pieces of ordnance that are to be fired; some replicas have been produced with a true bore size of just under 2 inches, thus enabling possession and use on a shot gun certificate, but with significant counter-boring at the muzzle to preserve the necessary appearance of external visual authenticity

We've made a few changes in response to member's requests, here are the details for those who've not already spotted them:

1. New Categories
1. Antique Accessories (for bits n bobs of an antique nature)
2. Gun Parts
3. Powder flasks and horns
4. Crossbows & Accessories
2. Wanted Ads

The New Categories are intended to make it easier for those buyers looking to find a specific antique item, please use the new categories, hopefully it will mean that prospective buyers will find your item quicker!!

Wanted ads are now available, here's how they work...
A member wanting to buy a particular item, lists a wanted add with as much detail & pics if appropriate describing the item they want. this costs £1 with no end of sale fee
If another member has an item that he believes "fits the bill" they list the item on Gundeals, and then submits the listing to the wanted ad as a "match"
If the Buyer likes/decides to buy the item, they either bid/buy out depending on how the item was priced. The seller pays normal end of sale fees. The Buyer pays
nothing over and above the £1 it cost to post the wanted ad.

We are pleased to hear from members wanting changes / improvements for the site - if you have an idea let us know - if we agree its good, and dooable we'll do it

Thanks
Graham
GDUK

We have had a number of recent instances of auction sniping, which has resulted in interested buyers not being able to place bids - as a result any bids now placed within 10 minutes of the end of an auction will automatically extend the auction time by a further 10 minutes to give all interested parties fair chance to place a bid.

Thanks
Graham
GDUK

**IMPORTANT** From APRIL 1st 2008, Ammunition Components of any calibre, including, but not limited to: Brass Cases, Primers, Caps (including those for Minature pistols) should not be offered for sale on Gundeals. Any items of this kind listed after April 1st will be removed. This step has been taken to ensure that we do not assist in the acquisition of reloading components that could be used or modified to produce obsolete calibre cartridges which could be used by unlicensed owners.

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 36, 37 and 38 of and paragraphs 4, 5 and 6 of Schedule 2 to the Violent Crime Reduction Act 2006(a).

Citation and commencement

1. These Regulations may be cited as the Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007 and shall come into force on 1st October 2007.

Interpretation

2. In these regulations— the “2006 Act” means the Violent Crime Reduction Act 2006; “permitted event” means a commercial event at which firearms or realistic imitation firearms
(or both) are offered for sale or displayed; “insurance” means a contract of insurance or other arrangement made for the purpose of indemnifying a person or persons named in the contract or under the arrangement; “permitted activities” means the acting out of military or law enforcement scenarios for the purposes of recreation; and “third parties” includes participants in, and spectators of, permitted activities and historical reenactments (as the case may be) and members of the public.

Defences to an offence under section 36 of the 2006 Act or under paragraph 4 of Schedule 2 to that Act

3.—(1) It shall be a defence in proceedings for an offence under section 36 of the 2006 Act or under paragraph 4 of Schedule 2 to that Act for the person charged with the offence to show that his conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in paragraph (2).
(2) Those purposes are— (a) 2006 c.38.
2(a) the organisation and holding of permitted activities for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of those activities;
(b) the purposes of display at a permitted event.

4. For the purposes of regulation 3 a person shall be taken to have shown a matter specified in that regulation if—
(a) sufficient evidence of that matter is adduced to raise an issue with respect to it; and
(b) the contrary is not proved beyond a reasonable doubt.

5.—(1) The persons described for the purposes of section 37(2)(e) of the 2006 Act and paragraph 5(2)(e) of Schedule 2 to that Act are those mentioned in paragraph (2).
(2) The persons mentioned in this paragraph are—
(a) a person or persons holding public liability insurance in relation to liabilities to third
parties arising from or in connection with the organisation and holding of historical reenactments;
(b) two or more persons, at least one of whom holds such public liability insurance.
Sizes and colours which are to be regarded as unrealistic for a real firearm

6.—(1) For the purposes of section 38(3)(b) of the 2006 Act and paragraph 6(3)(b) of Schedule 2 to that Act, the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in paragraph (2).
(2) The dimensions specified in this paragraph are a height of 38 millimetres and a length of 70
millimetres.

7.—(1) For the purposes of section 38(3)(b) of the 2006 Act and paragraph 6(3)(b) of Schedule 2 to that Act, a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in paragraph (2) or if the imitation firearm is made of transparent material.
(2) The colours specified in this paragraph are—
(a) bright red;
(b) bright orange;
(c) bright yellow;
(d) bright green;
(e) bright pink;
(f) bright purple; and
(g) bright blue.

Home Office Tony McNulty
6th September 2007 Minister of State

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision in connection with the realistic imitation firearms provisions of the Violent Crime Reduction Act 2006 (sections 36 to 38 and paragraphs 4 to 6 of Schedule 2). Regulation 3 provides for defences to the offences of the manufacture, import and sale of realistic imitation firearms in section 36 and paragraph 4 of Schedule 2. These defences will operate where a person who is charged with such an offence can show that his conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in regulation 3(2). Regulation 4 makes provision dealing with the burden of proof for these defences. Regulation 5 describes persons who organise and hold historical re-enactments for the purpose of the defence to offences under section 36 and paragraph 4 of Schedule 2 as set out in section 37(2)(e) and paragraph 5(2)(e) of Schedule 2. Regulations 6 and 7 make provision in connection with the definition of “realistic imitation firearm” in section 38 and paragraph 6 of Schedule 2. These regulations specify the sizes and colours which are to be regarded as unrealistic for a real firearm.

2.—(1) Schedule 4 to the Firearms Act 1968 (particulars to be entered by firearms dealer in register of transactions) is amended as follows.

(2) After the heading to Schedule 4, insert—
“PART 1 PARTICULARS RELATING TO FIREARMS (OTHER THAN AIR WEAPONS) AND AMMUNITION
Note: in this Part references to firearms do not include any firearm to which Part 2 of this Schedule applies.”

(3) After paragraph 5 insert—
“PART 2 PARTICULARS RELATING TO AIR WEAPONS
Note: in this Part “air weapon” includes any component of, or accessory to, an air weapon.
1. The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.
2. The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.
(a) 1968 c. 27. Section 40(2) was amended by section 31(2) of the Violent Crime Reduction Act 2006 (c. 38). There are other amendments to section 40 which are not relevant to these Rules.
3. The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the register”.

Amendments to the Firearms Rules 1998
3. In rule 10(4) of the Firearms Rules 1998(a) (firearms dealers), omit the words “firearms or” (in the second place they appear).
4.—(1) Part 4 of Schedule 5 to the Firearms Rules 1998 (firearms dealer’s register of transactions) is amended as follows.
(2) In paragraph 2(a) after “in the case of firearms” insert “(other than air weapons)”.
(3) After paragraph 2(b) insert the following sub-paragraphs— “(c) in the case of air weapons (except air weapons sold or transferred as mentioned in sub-paragraph (d))—
(i) the class of air weapon (eg air rifle, air gun or air pistol);
(ii) the make, type or distinctive name of the air weapon;
(iii) the calibre;
(iv) the identification number or other distinguishing mark, if present;
(v) the maker’s name, if known;
(d) in the case where an air weapon is sold or transferred by or from one firearms
dealer to another, the class of air weapon (eg air rifle, air gun or air pistol);”.


Home Office Tony McNulty
6th September 2007 Minister of State
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend Schedule 4 to the Firearms Act 1968. They set out the particulars to be
entered by a firearms dealer in the register of transactions in respect of air weapons.
These Rules also amend the Firearms Rules 1998 to set out the details of the description of air
weapons that is required to be entered in the register of transactions. However, where an air
weapon is sold or transferred by or from one registered dealer to another, only the class of the air
weapon needs to be entered in the register as the description of the air weapon.
(a) SI 1998/1941; there are amendments to those Rules which are not relevant to these Rules.

VCR ACT Regulations - Explanatory Notes for Gundeals Members.

On October 1st 2007, Sections 31, 32, 33 & 34 (air weapons), 36, 37, 38, 39 & 40 (realistic imitation firearms and imitation firearms), will come into force.

In respect of air weapons the Violent Crime Reduction Act only addresses the sale, transfer, acquisition and use of those air weapons which are not declared 'specially dangerous', i.e. those air rifles which have a muzzle energy not in excess of 12 ft. lbs. and those air pistols with a muzzle energy not in excess of 6 ft. lbs. (These are generally referred to as 'low-powered air weapons').

Sections 31, 32, 33 & 34:

If you wish to continue selling air weapons by way of trade or business, on www.gundeals.co.uk, you must:

Be registered as a Registered Firearms Dealer (RFD) by October 1st. The process requires filling in an application form, available from your police headquarters, and paying £150 for a three year certification. The applicant will be interviewed by a Firearms Enquiry Officer and, having fulfilled the statutory requirements, he will be registered with his local constabulary. An RFD selling only air weapons will have a condition on his Certificate stating what he may sell.
The applicant's premises will be inspected for compliance with security requirements, which are laid down in the Home Office Guidance. For those RFDs selling air weapons only the requirements for security will comprise of 'reasonable precautions' for the safety of the air weapons. These will most likely be: a padlock and chain (or 'Securicord'), through trigger guards whilst the air weapons are on display and the premises are open to the public and, at night when the premises are closed, for the air weapons to locked away out of sight from the public.

From October 1st all air weapon sales and transfers by a Registered Firearms Dealer must be entered into a Statutory Firearms Register.

An RFD is obliged to keep a Statutory Firearms Register in which must be entered all sales, purchases and transfers of firearms, including air weapons.

The details which must be entered into the Register are:

• The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors and the dates of the several transactions.
• The quantities and descriptions of air weapons sold or transferred with the names and addresses of the purchasers or transferees and the dates of the several transactions.

The description of air weapons is:

1. the class of air weapon (e.g. air rifle, air gun or air pistol);
2. the make, type or distinctive name of the air weapon;
3. the calibre;
4. the identification number or other distinguishing mark, if present;
5. the maker's name if known.

Where air weapons are sold, or transferred between RFDs the requirement for entry in the Register is: the quantity of air weapons, the class of air weapon (i.e. air rifle, air gun or air pistol), and the details of both dealers.

From October 1st RFDs will be required to enter the stock of air weapons held into the Register.

The Regulations state that certain 'component parts' and 'accessories' of air weapons will also have to be entered into the Register. Whilst there is no legal definition of a component part this will mean pressure bearing parts of air weapons such as the barrel, cylinder or reservoir and the piston. 'Accessory' will mean a sound moderator (silencer). Stocks of these items for sale and actual sales and transfers will have to be entered in to the Register.

From October 1st all air weapon sales to non RFDs will have to be in person, i.e. 'face to face'. (This means that mail order sales will be banned. Air weapons may continue to be advertised but the actual physical transfer from RFD to purchaser must be in person).

(Private sales of air weapons will not be banned neither will the possession of air weapons).

From October 1st all references in legislation to the age of seventeen in regard to air weapons will change to eighteen, including:

From October 1st it will be an offence for anybody under 18 to purchase or hire an air weapon or ammunition for an air weapon.

From October 1st it will be an offence to sell or let on hire an air weapon or ammunition for an air weapon to a person under the age of 18.

It will not be a requirement to be an RFD to sell air weapon ammunition or those parts of air weapons not listed as 'component parts' or 'accessories' which require entry into the Statutory Register.

It will not be a requirement to be an RFD to repair an air weapon with those parts not listed as 'component parts' or 'accessories' which require entry into the Statutory Register.

It will not be an offence to return a repaired air weapon by post, or other means, after repair.

Sections 36, 37, 38, 39 & 40:

Section 36 makes it an offence to:

Manufacture a realistic imitation firearm.

Modify an imitation firearm so it becomes a realistic imitation firearm.

Sell a realistic imitation firearm.

Bring a realistic imitation firearm in to Great Britain or cause one to be brought in to Great Britain.

A realistic imitation firearm is one which, for all intents and purposes, is indistinguishable from a real firearm. (A de-activated firearm is not a realistic imitation firearm, neither is an antique imitation). An imitation firearm that is not a realistic imitation firearm may be sold, manufactured, imported, etc. if it meets certain criteria, including principal colour, shape and size.
The principal colours are:

(a) bright red
(b) bright orange
(c) bright yellow
(d) bright green
(e) bright pink
(f) bright purple; and
(g) bright blue

The Act permits importation, sales, and transactions in imitation firearms manufactured in a transparent material.

Any imitation firearm that has dimensions which are less than 38 mm in height and 70 mm. in length will not be regarded as being realistic.

Further criteria apply to 'modern firearms'. It will not be an offence to sell, etc. an imitation firearm which could be identified as an imitation of a firearm which has; 'the design and mechanism of a sort first dating from before the year 1870'

Section 37 of the Act allows for certain exemptions from the requirements of the Act (as do certain Regulations which allow for a defence).

Certain bodies will be permitted to purchase realistic imitation firearms from sellers for specific activities, which will include:

Use at theatrical performances, and in rehearsals, use in television production, use in film production and use in the organisation and holding of historical re-enactments.

Further defences will apply for the activity of airsoft 'skirmishing', where the organisers are in possession of public liability insurance.

It will be an offence for a person under the age of 18 to purchase an imitation firearm and it will be an offence to sell an imitation firearm to a person under the age of 18.

The possession of realistic imitation firearms and imitation firearms will not be affected by the VCR Act.

It will be an offence to import or manufacture an imitation firearm which does not conform to specifications which will be set out by the Authorities in the Regulations.

The Home Office will publish specifications for blank-firing imitation firearms which will make it a requirement for the blank firer to have certain inclusions/restrictions within the fabric of the imitation in order to prevent them from being readily converted into live firing firearms. These specifications will be able to be verified through a testing procedure which will be conducted by the Proof Authorities. The importer/seller of the blank firer will be required to satisfy themselves that the imitation firearm meets the specification laid down.

Similar provisions for realistic imitation firearms, and imitation firearms, will apply to Northern Ireland.

As per our our policy of keeping up to date with the latest functionality available for Gundeals our developers upgraded us on July 5.


Unfortunately, as a result, a number of 'your account is suspended' emails were sent out. We would like to apologise to any members, who's account should not have been classified as suspended, and assure them that their security hasnt been compomised in any way, and where appropriate all accounts have been reactivated.

Thanks
Graham
GDUK