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. From 14 July 2014 section 110 of the Anti-social Behaviour, Crime and Policing Act 2014 amends section 58(2) of the 1968 Act and the effect is that section 21(prohibitions- see paragraph 5.9) and schedule 3 do apply to antique firearms.
8.2. This guide is based on the premise that public safety considerations are paramount, and those arms which are commonly used in crime should remain subject to certificate control and control of the authorities in respect of prohibited weapons. This is irrespective of how old the weapon is. 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. An indication of an intent to fire the gun concerned which may be signalled by the possession of suitable ammunition or even blank charge used for the purposes of historical re-enactment displays may well mean that the gun cannot be said to be held solely as an object of "curiosity or ornament".
What is antique?
8.3. 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. The Home Office has always taken the view that ‘antique’ 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.
8.4. See Appendix 1 for details of organisations who can be contacted for further information on antique firearms.
Antique ammunition
8.5. As ammunition does not benefit from the section 58(2) exemption, a firearm certificate is required. A shotgun certificate is required to purchase shotgun cartridges.
Occasional firing
8.6. Firearms can be possessed on certificate for the purposes of collection and occasional firing. Where the "good reason" for possession is collection and not target shooting, section 44 of the 1997 Act requiring membership of a club to be named on the certificate is not applicable.
8.7. Where the owner has an antique firearm which they wish to fire for test, research, re-enactment, target shooting or competition purposes, no test of frequency of use should be applied when assessing good reason to possess a firearm: the primary reason for possession will be collection.
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8.8. An antique may be brought on to certificate or removed from time to time or where there is a change in ownership. A signed statement of intent by the owner to the local police firearms department 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, unless a ‘one for one’ variation is sought. In the latter case, it should be borne in mind that mostly only mass-produced muzzle-loading arms had standardised bore sizes. Therefore a variation for a craft-made muzzle-loader may require finding a suitable example before the calibre can be ascertained. As this may take some time, some latitude may be given over the time taken for such ‘one for one’ variations.
Old firearms which should benefit from exemption as antiques
8.9. Pre-1939 firearms 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 .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) Shotguns and punt guns chambered for the following cartridges (expressed in imperial measurements): 32 bore, 24 bore, 14 bore, 10 bore (2 and 2 inch only), 8 bore, 4 bore, 3 bore, 2 bore, 1 bore, 1 ¼ bore and 1 ½ bore, and vintage punt guns and shotguns with bores greater than 10. It also includes vintage (pre-1939) rifles in
these bores.
8.10. 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 curiosity or ornament.
8.11. 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 shotgun certificate, but with significant counter-boring at the muzzle to preserve the necessary appearance of external visual authenticity.
Old firearms which should not benefit from the exemption as antiques
8.12. Old firearms which should not benefit from the exemption as antiques are set out below. This list is not exhaustive and there may be other types and calibres of firearms that should be considered "modern" rather than "antique":
(a) Shotguns and smooth-bored guns, including shot pistols, chambered for standard shotgun cartridges, .22 inch, .23 inch, 6mm and 9mm rimfire cartridges unless otherwise specified in the list of obsolete shotgun chamberings in Appendix 5.
(b) Rifles and handguns chambered for.22 inch, .23 inch, 6mm or 9mm rimfire ammunition;
(c) Revolvers, single-shot pistols and self-loading pistols which are chambered for, and will accept centrefire cartridges of the type .25, .30, .32, .38, .380, .44, .45, .450, .455 and .476 inch, or their metric equivalents including 6.35mm, 7.62mm, 7.63mm, 7.65mm, 8mm and 9mm, unless otherwise specified in the list in Appendix 5;
(d) Modern reproduction firearms or old firearms which have been modified to allow the use of shotgun cartridges or cartridges not listed in Appendix 5;
(e) Weapons extensively modified after 1939;
(f) Signalling pistols chambered for 1 and 1 ½ inch cartridges or 26.5mm/27mm cartridges;
(g) Pump-action and self-loading centrefire rifles, except those examples originally chambered for one of the obsolete cartridges listed at Appendix 5 and retaining their original chamberings. The latter may benefit from an exemption as antiques under section 58(2) of the 1968 Act (as amended).
Air weapons
8.13. Section 31 of the Violent Crime Reduction Act 2006 amended section 3 of the Firearms Act 1968 to require any such dealer who sells or transfers an air weapon by way of trade or business, or who exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer, to register with the police as a firearms dealer.
8.14. Section 1(3) of the 1968 Act confirms that the term ‘air weapon’ includes air rifles, air guns and air pistols.
8.15. In accordance with section 58(2) of the 1968 Act, it is not necessary to register as a dealer where the air weapons concerned are antiques which are kept as curiosities or ornaments. Following consultation with the police and other interested parties, the Home Office is of the view that any air weapon manufactured before 1939 should normally be regarded as an antique for these purposes. Appendix 5 contains guidance on the most common types of air weapon, rifle or pistol manufactured before 1939.
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8.2. This guide is based on the premise that public safety considerations are paramount, and those arms which are commonly used in crime should remain subject to certificate control and control of the authorities in respect of prohibited weapons. This is irrespective of how old the weapon is. 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. An indication of an intent to fire the gun concerned which may be signalled by the possession of suitable ammunition or even blank charge used for the purposes of historical re-enactment displays may well mean that the gun cannot be said to be held solely as an object of "curiosity or ornament".
What is antique?
8.3. 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. The Home Office has always taken the view that ‘antique’ 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.
8.4. See Appendix 1 for details of organisations who can be contacted for further information on antique firearms.
Antique ammunition
8.5. As ammunition does not benefit from the section 58(2) exemption, a firearm certificate is required. A shotgun certificate is required to purchase shotgun cartridges.
Occasional firing
8.6. Firearms can be possessed on certificate for the purposes of collection and occasional firing. Where the "good reason" for possession is collection and not target shooting, section 44 of the 1997 Act requiring membership of a club to be named on the certificate is not applicable.
8.7. Where the owner has an antique firearm which they wish to fire for test, research, re-enactment, target shooting or competition purposes, no test of frequency of use should be applied when assessing good reason to possess a firearm: the primary reason for possession will be collection.
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8.8. An antique may be brought on to certificate or removed from time to time or where there is a change in ownership. A signed statement of intent by the owner to the local police firearms department 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, unless a ‘one for one’ variation is sought. In the latter case, it should be borne in mind that mostly only mass-produced muzzle-loading arms had standardised bore sizes. Therefore a variation for a craft-made muzzle-loader may require finding a suitable example before the calibre can be ascertained. As this may take some time, some latitude may be given over the time taken for such ‘one for one’ variations.
Old firearms which should benefit from exemption as antiques
8.9. Pre-1939 firearms 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 .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) Shotguns and punt guns chambered for the following cartridges (expressed in imperial measurements): 32 bore, 24 bore, 14 bore, 10 bore (2 and 2 inch only), 8 bore, 4 bore, 3 bore, 2 bore, 1 bore, 1 ¼ bore and 1 ½ bore, and vintage punt guns and shotguns with bores greater than 10. It also includes vintage (pre-1939) rifles in
these bores.
8.10. 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 curiosity or ornament.
8.11. 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 shotgun certificate, but with significant counter-boring at the muzzle to preserve the necessary appearance of external visual authenticity.
Old firearms which should not benefit from the exemption as antiques
8.12. Old firearms which should not benefit from the exemption as antiques are set out below. This list is not exhaustive and there may be other types and calibres of firearms that should be considered "modern" rather than "antique":
(a) Shotguns and smooth-bored guns, including shot pistols, chambered for standard shotgun cartridges, .22 inch, .23 inch, 6mm and 9mm rimfire cartridges unless otherwise specified in the list of obsolete shotgun chamberings in Appendix 5.
(b) Rifles and handguns chambered for.22 inch, .23 inch, 6mm or 9mm rimfire ammunition;
(c) Revolvers, single-shot pistols and self-loading pistols which are chambered for, and will accept centrefire cartridges of the type .25, .30, .32, .38, .380, .44, .45, .450, .455 and .476 inch, or their metric equivalents including 6.35mm, 7.62mm, 7.63mm, 7.65mm, 8mm and 9mm, unless otherwise specified in the list in Appendix 5;
(d) Modern reproduction firearms or old firearms which have been modified to allow the use of shotgun cartridges or cartridges not listed in Appendix 5;
(e) Weapons extensively modified after 1939;
(f) Signalling pistols chambered for 1 and 1 ½ inch cartridges or 26.5mm/27mm cartridges;
(g) Pump-action and self-loading centrefire rifles, except those examples originally chambered for one of the obsolete cartridges listed at Appendix 5 and retaining their original chamberings. The latter may benefit from an exemption as antiques under section 58(2) of the 1968 Act (as amended).
Air weapons
8.13. Section 31 of the Violent Crime Reduction Act 2006 amended section 3 of the Firearms Act 1968 to require any such dealer who sells or transfers an air weapon by way of trade or business, or who exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer, to register with the police as a firearms dealer.
8.14. Section 1(3) of the 1968 Act confirms that the term ‘air weapon’ includes air rifles, air guns and air pistols.
8.15. In accordance with section 58(2) of the 1968 Act, it is not necessary to register as a dealer where the air weapons concerned are antiques which are kept as curiosities or ornaments. Following consultation with the police and other interested parties, the Home Office is of the view that any air weapon manufactured before 1939 should normally be regarded as an antique for these purposes. Appendix 5 contains guidance on the most common types of air weapon, rifle or pistol manufactured before 1939.
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