Firearms Act 1968

c i e
AT 4 of 1968

FIREARMS ACT 1968

Firearms Act 1968 Index


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c i e
FIREARMS ACT 1968

Index Section Page

1 Carrying firearms with intent to commit a serious offence or resist or
prevent arrest .................................................................................................................. 5
2 Carrying firearm or imitation firearm in a public place............................................ 5
3 Trespassing with firearm or imitation firearm in a building.................................... 6
4 Trespassing with firearm or imitation firearm on land ............................................. 6
5 Powers of constables ...................................................................................................... 6
6 Increase in severity of sentences under principal Act ............................................... 7
7 Conditions of registration of firearms dealers ............................................................ 7
8 Miscellaneous amendments of principal Act.............................................................. 8
9 Interpretation ................................................................................................................... 9
10 Short title, citation, construction, extent and commencement ............................... 10
SCHEDULE 11

INCREASED SENTENCES UNDER PRINCIPAL ACT 11
ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Firearms Act 1968 Section 1


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c i e
FIREARMS ACT 1968

Received Royal Assent: 22 March 1968
Passed: 21 May 1968
Commenced: See section 10
AN ACT
to amend the law relating to firearms, imitation firearms and
ammunition and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc. ) Act 1993 s 1.
1 Carrying firearms with intent to commit a serious offence or resist or

prevent arrest

[1965/1]
(1) Any person who has with him a firearm or imitation firearm with intent
to commit an offence triable on information, or to resist arrest or to
prevent the arrest of another, in either case while he has the firearm or
imitation firearm with him, shall be liable on conviction on information
to imprisonment for a term not exceeding ten years.
(2) In proceedings for an offence under this section, proof that the accused
had a firearm or imitation firearm with him and intended to commit an
offence or to resist or prevent arrest shall be evidence that he intended to
have it with him while doing so.
2 Carrying firearm or imitation firearm in a public place

[1965/2]
Any person who without lawful authority or reasonable excuse, the proof
whereof shall lie on him, has with him in a public place any firearm (whether
loaded or not) or any imitation firearm shall —
(a) be liable on summary conviction to imprisonment for a term not
exceeding six months or a fine not exceeding £1,000 or both;
(b) unless the firearm is an air weapon, be liable on conviction on
information to imprisonment for a term not exceeding five years
or a fine or both.1

Section 3 Firearms Act 1968


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3 Trespassing with firearm or imitation firearm in a building

[1965/3]
Any person who, while he has a firearm or imitation firearm with him, enters or
is in any building or part of a building as a trespasser and without reasonable
excuse, the proof whereof shall lie on him, shall —
(a) be liable on summary conviction to imprisonment for a term not
exceeding six months or a fine not exceeding £1,000 or both;
(b) unless the firearm or imitation firearm is an air weapon, be liable
on conviction on information to imprisonment for a term not
exceeding five years or a fine or both.2

4 Trespassing with firearm or imitation firearm on land

[1965/4]
Any person who, while he has a firearm or imitation firearm with him, enters or
is on any land as a trespasser and without reasonable excuse, the proof whereof
shall lie on him, shall be liable on summary conviction to imprisonment for a
term not exceeding three months or a fine not exceeding £500 or both.3

5 Powers of constables

[1965/5]
(1) A constable may require any person whom he has reasonable cause to
suspect of having a firearm, with or without ammunition, with him in a
public place, or to be committing or about to commit an offence under
the foregoing provisions of this Act elsewhere than in a public place, to
hand over the firearm and any ammunition for examination by the
constable, and any person having a firearm or ammunition with him
who fails to hand over the firearm or ammunition when required to do
so under this subsection shall be liable on summary conviction to
imprisonment for a term not exceeding three months or to a fine not
exceeding £500 or both.
(2) If a constable has reasonable cause to suspect any person of having a
firearm with him in a public place or to be committing or about to
commit an offence under the foregoing provisions of this Act elsewhere
than in a public place, the constable may search that person and may
detain him for the purpose of searching him.
(3) If a constable has reasonable cause to suspect that there is a firearm in a
vehicle in a public place, or that a vehicle is being or is about to be used
in connection with the commission of an offence under the foregoing
provisions of this Act elsewhere than in a public place, he may search the
vehicle, and for that purpose require the person driving or in control of it
to stop it.
(4) [Repealed]4

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(5) For the purpose of exercising the powers conferred by the foregoing
provisions of this section a constable may enter any place.
(6) A constable may seize and detain any firearm or ammunition which may
be the subject of an order for forfeiture under section 25 of the principal
Act (power of court to order forfeiture of firearms or ammunition on
conviction for certain offences).
(7) Subsection (5) of this section shall not be construed as prejudicing any
power of entry exercisable by a constable apart from the provisions of
that subsection and subsection (6) of this section shall not be construed as
prejudicing the power of a constable, when arresting a person for an
offence, to seize property found in his possession or any other power
exercisable by a constable apart from that subsection of seizing firearms,
ammunition or other property.
6 Increase in severity of sentences under principal Act

[1965/7]
A person who after the coming into operation of this section commits an offence
under any of the provisions of the principal Act specified in column 1 of the
Schedule to this Act shall (instead of being liable to be given, on conviction as
mentioned in column 2 of that Schedule, a sentence specified in that column) be
liable to be given, on conviction as mentioned in column 3 of that Schedule, a
sentence specified in the said column 3.
7 Conditions of registration of firearms dealers

[1965/8]
(1) The chief officer of police may at any time impose conditions subject to
which the registration of any person as a firearms dealer under section 8
of the principal Act is to have effect and may at any time, of his own
motion or on the application of the dealer, vary or revoke any such
condition.
(2) The chief officer of police shall specify the conditions for the time being
in force under this section in the certificate of registration granted to the
firearms dealer under section 9 of the principal Act, and where any such
condition is imposed, varied or revoked during the currency of a
certificate of registration, the chief officer of police shall give notice in
writing to the dealer of the condition or variation (giving particulars) or
of the revocation, as the case may be, and may by that notice require the
dealer to deliver up his certificate of registration to him within twenty-
one days from the date of the notice for the purpose of amending the
certificate.
(3) If the chief officer of police is satisfied that a person registered as a
firearms dealer has failed to comply with any of the conditions of
registration in force under this section, he may remove from the register
Section 8 Firearms Act 1968


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either that person’s name or any place of business of his to which that
condition relates.
(4) A person aggrieved by the imposition or variation of, or refusal to vary
or revoke, any such condition shall have the like right of appeal under
section 8(5) of the principal Act as a person aggrieved by the refusal of a
chief officer of police to register him as a firearms dealer.
(5) It is hereby declared that the said section 8(5) and section 9(3) of the
principal Act (procedure on removal of firearms dealer from register)
apply to the removal of a person’s name from the register under
subsection (3) of this section as they apply to any such removal under
any provision of the principal Act, and section 10(4) of that Act (appeals
against removal of place of business from register) shall apply to the
removal of a place of business from the register under the said
subsection (3) as it applies to such a removal under section 10(3) of that
Act.
(6) Without prejudice to subsection (3) of this section, if any person fails to
comply with any of the conditions imposed on him under this section he
shall be liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding £1,000 or both.
8 Miscellaneous amendments of principal Act

[1965/9]
(1) [Repealed]5

(2) Notwithstanding anything in the said section 16(1)(a), sections 7 to 10, 12
and 13 of, and Schedule 2 to, the principal Act (requirement for firearms
dealers to register, and provisions with respect to the registration of such
dealers, their places of business and their firearms transactions) shall
have effect as if any reference therein and in the definition of firearms
dealer in section 32 of that Act to firearms to which Part I of that Act
applies included a reference to shot guns; but —
(a) if it appears to the chief officer of police that a person required to
be registered as a firearms dealer carries on a trade or business in
the course of which he manufactures, tests or repairs component
parts or accessories for shot guns, but does not manufacture, test
or repair complete shot guns, and that it is impossible to assemble
a shot gun from the parts likely to come into that person’s
possession in the course of that trade or business, the chief officer
of police may, if he thinks fit, by notice in writing given to that
person exempt his transactions in those parts and accessories, so
long as the notice is in force, from all or any of the provisions of
subsections (1) and (2) of the said section 12 and of the said
Schedule 2; and
Firearms Act 1968 Section 9


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(b) in its application to shot guns so much of paragraph 3 of the said
Schedule 2 as requires particulars of the areas in which the
firearms certificates were issued to be entered in the register of
transactions kept under the said section 12 shall be omitted.
(3) [Amends section 17 of the Firearms Act 1947.]
(4) and (5) [Amend section 21 of the Firearms Act 1947.]
(6) Section 24(1) of the principal Act shall not prevent any such dealer from
shortening the barrel of a smooth-bore gun for the sole purpose of
replacing a defective part of the barrel so as to produce a barrel of not
less than twenty-four inches in length.6

(7) [Amends section 25 of the Firearms Act 1947.]
9 Interpretation

[1965/10]
(1) In this Act, except so far as the context otherwise requires —
“air weapon
” means such a weapon as is specified in section 16 (1) (b) of the
principal Act (that is to say, an air gun, air rifle or air pistol not being of a
type declared by rules made by the Department of Home Affairs under
that Act to be specially dangerous);7

“imitation firearm
” means anything which has the appearance of being a
firearm (other than such a prohibited weapon as is mentioned in
section 17 (1) (b) of the principal Act) whether it is capable of discharging
any shot, bullet or other missile or not;
“land
” includes land covered with water;
“offence triable on information
” means an offence which, if committed by an
adult, is triable on information (whether or not it is also triable
summarily) except —
(a) an offence otherwise only triable summarily which under any
enactment is required to be tried on information at the instance of
the accused or prosecutor, and
(b) an offence which is triable on information only after one or more
previous summary convictions thereof;
“principal Act
” means the Firearms Act, 1947;
“public place
” includes any highway and any other premises or place to which
at the material time the public have or are permitted to have access,
whether on payment or otherwise;
“shot gun
” means such a weapon as is specified in section 16 (1) (a) of the
principal Act (that is to say, a smooth-bore gun having a barrel not less
than twenty-four inches in length).
Section 10 Firearms Act 1968


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(2) For the purposes of this Act a shot gun or an air weapon shall be deemed
to be loaded if there is ammunition in the chamber or barrel or in any
magazine or other device which is in such a position that the
ammunition can be fed into the chamber or barrel by the manual or
automatic operation of some part of the gun or weapon.
(3) References in this Act to any enactment shall, except in so far as the
context otherwise requires, be construed as references to that enactment
as amended or applied by or under any subsequent enactment including
this Act.
10 Short title, citation, construction, extent and commencement

[1965/11]
(1) This Act may be cited as the Firearms Act, 1968.
(2) The principal Act and this Act may be cited together as the Firearms
Acts, 1947 and 1968.
(3) This Act shall be construed as one with the principal Act.
(4) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys,
save and except that sections 6 to 8 shall not take effect until such day as
the Governor may by order appoint and different days may be appointed
under this subsection for different purposes.8

Firearms Act 1968 Schedule



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SCHEDULE

INCREASED SENTENCES UNDER PRINCIPAL ACT

Section 6
Provision of principal Act Old Sentence New Sentence
Section 1(2)(a) — (Acquiring
or possessing firearms or
ammunition without a
firearm certificate or
otherwise than as authorised
by such a certificate).
On summary conviction,
imprisonment, for a term not
exceeding three months or a
fine not exceeding £50 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both;
and on conviction on
information imprisonment for
a term not exceeding three
years or a fine or both.
Section 1(2)(b) — (Breach of
conditions of a firearm
certificate).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £50 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 2(10) — (False
statement for the purpose of
procuring the grant, variation
or renewal of a firearm
certificate).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 4(13) — (False
statement for the purpose of
procuring permit for firearms
or ammunition).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 7 — (Manufacturing,
dealing in, etc., firearms or
ammunition without being
registered as a firearms
dealer, and false statement for
the purpose of procuring an
auctioneer’s permit).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both,
and on conviction on
information, imprisonment
for a term not exceeding three
years or a fine or both.
Section 8(6) — (False
statement for the purpose of
procuring registration as a
firearms dealer).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 10(5) — (Dealing in
firearms at unregistered
places of business; and false
statements in connection with
registration of places of
business of firearms dealers).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Schedule
Firearms Act 1968


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Provision of principal Act Old Sentence New Sentence
Section 11(4) —
(Contravention of restrictions
on disposal, repair and testing
of firearms and ammunition;
and false firearm certificates
and false statements for the
purpose of acquiring or
procuring the repair or testing
of firearms or ammunition).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both;
and on conviction on
information imprisonment for
a term not exceeding three
years or a fine or both.
Section 12(4) — (Failure to
enter firearms transactions in
register, and false entry in
register).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 17(2) —
(Manufacturing, dealing in or
possessing of automatic and
other prohibited weapons and
prohibited ammunition
without authority).
On conviction on information,
imprisonment for a term not
exceeding two years, and on
summary conviction
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both;
and on conviction on
information, imprisonment
for a term not exceeding five
years or a fine or both.
Section 17(4) — (Breach of
conditions of authority for use
of automatic and other
weapons).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 19 — (Restrictions on
acquisition by, and disposal
to, young persons of firearms
and ammunition).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both.
Section 21 — (Possession of
firearms or ammunition by
persons convicted of serious
crime and disposal thereof to,
and repair thereof for, such
persons).
On summary conviction,
imprisonment for a term not
exceeding three months or a
fine not exceeding £20 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both;
and on conviction on
information imprisonment for
a term not exceeding three
years or a fine or both.
Section 24 — (Shortening shot
guns and converting imitation
into real firearms, and
acquiring or possessing
shortened shot guns and
firearms so converted).
On conviction on information,
imprisonment for a term not
exceeding one year or a fine
not exceeding £100 or both,
and on summary conviction
imprisonment for a term not
exceeding three months or a
fine not exceeding £50 or
both.
On summary conviction,
imprisonment for a term not
exceeding six months or a fine
not exceeding £200 or both,
and on conviction on
information, imprisonment
for a term not exceeding five
years or a fine or both.

Firearms Act 1968 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 2 amended by Criminal Justice, Police and Courts Act 2007 s 3. 2
S 3 amended by Criminal Justice, Police and Courts Act 2007 s 3. 3
S 4 amended by Criminal Justice, Police and Courts Act 2007 s 3. 4
Subs (4) repealed by Police Powers and Procedures Act 1998 Sch 5. 5
Subs (1) repealed by Shot Guns, Air Weapons and Cross-bows Act 1994 Sch. 6
Subs (6) amended by Statute Law Revision Act 1997 Sch 1. 7
Definition of ‘air weapon’ amended by Statute Law Revision Act 1997 Sch 1. 8
ADO (ss 6 to 8) 1/9/1968 (GC44/68).