Section 22/23 – Firearms Act

Section 22 &23 – (Exceptions) Firearms Act 1968 – Fully Amended

Section 22 – Acquisition and possession of firearms by minors

It is an offence for a person under the age of seventeen to purchase or hire any firearm or ammunition.

[F1 (1A) Where a person under the age of eighteen is entitled, as the holder of a certificate under this Act, to have a firearm in his possession, it is an offence for that person to use that firearm for a purpose not authorised by the European weapons directive.]

It is an offence for a person under the age of fourteen to have in his possession any firearm or ammunition to which section 1 of this Act [F2 or section 15 of the Firearms (Amendment) Act 1988] applies, except in circumstances where under section 11 (1), (3) or (4) of this Act he is entitled to have possession of it without holding a firearm certificate.

It is an offence for a person under the age of fifteen to have with him an assembled shot gun except while under the supervision of a person of or over the age of twenty-one, or while the shot gun is so covered with a securely fastened gun cover that it cannot be fired.

Subject to section 23, it is an offence for a person under the age of [F3 seventeen] to have with him an air weapon or ammunition for an air weapon.

F4
Annotations:
Amendments (Textual)
F1 S. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(1)
F2 Words inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(4)
F3 Word substituted (20.1.2004) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 38(2)(a), 93; S.I. 2003/3300, art. 2(c)(ii)
F4 S. 22(5) repealed (20.1.04) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 38(2)(b), 93, Sch. 3: S.I. 2003/3300, art. 2(c)(ii)

Section 23 [F1 Exceptions from Section 22(4)]

It is not an offence under section 22(4) of this Act for a person to have with him an air weapon or ammunition while he is under the supervision of a person of or over the age of twenty-one; but where a person has with him an air weapon on any premises in circumstances where he would be prohibited from having it with him but for this subsection, it is an offence—

(a)for him to use it for firing any missile beyond those premises; or

(b)for the person under whose supervision he is to allow him so to use it.

It is not an offence under section 22(4) . . . F2 of this Act for a person to have with him an air weapon or ammunition at a time when—

(a) being a member of a rifle club or miniature rifle club for the time being approved by the Secretary of State for the purposes of this section or [F3 section 15 of the Firearms (Amendment) Act 1988], he is engaged as such a member F4. . . in connection with [F5 target shooting]; or

(b) he is using the weapon or ammunition at a shooting gallery where the only firearms used are either air weapons or miniature rifles not exceeding •23 inch calibre.

[F6 It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier.

But where a person has with him an air weapon on premises in circumstances where he would be prohibited from having it with him but for subsection (3), it is an offence for him to use it for firing any missile beyond those premises.]

Annotations:
Amendments (Textual)
F1 S. 23: words in heading substituted (20.1.2004) by virtue of Anti-social Behaviour Act 2003 (c. 38), ss. 38(3), 93; S.I. 2003/3300, art. 2(c)(ii)
F2 Words in s. 23(2) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(3)(a), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(g)(ii)(a)
F3 Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(4)
F4 Words in s. 23(2)(a) repealed (1.7.1997) by 1997 c. 5, s. 52(2), Sch. 3; S.I. 1997/1535, art. 3(b), Sch. Pt. I
F5 Words in s. 23(2) substituted (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II
F6 S. 23(3)(4) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(3)(b), 93; S.I. 2003/3300, art. 2(c)(ii)