SQ329: Can I have an imitation firearm?

A deactivated weapon is a firearm that has been rendered incapable of discharging any shot, bullet or other missile and has consequently ceased to be a firearm if:

• the weapon bears a mark which has been approved by the Secretary of State for denoting the fact that it has been deactivated; AND
• that company or person certifies in writing that work has been carried out on the firearm in a manner approved by the Secretary of State for rendering it incapable of discharging any shot, bullet or missile.

The marks referred to above are:

• Crossed swords with DA and the year-round them for the Birmingham Proof House; and
• DA over a sword and the year for the London Proof House (there are only these two proof houses.).

Every deactivated weapon must also have with it a certificate stating that deactivation work has been carried out on it.

Deactivation differs from conversion in that a converted weapon may still fire but a deactivated one may not.

If a weapon is defectively deactivated, it is an offence to make it available for sale or as a gift to another person or to sell or give it (as a gift) to another person. A weapon is a defectively deactivated weapon if:

• it was at any time a firearm,
• it has been rendered incapable of discharging any shot, bullet or other missile, but
• it has not been rendered so incapable in a way that meets the technical specifications for the deactivation of the weapon that apply at the time when the weapon is made available for sale or as a gift or (as the case may be) when it is sold or given as a gift.

This offence does not apply if the weapon is sold or given as a gift by a museum, to another museum, both of which have a museum firearms licence.

No one under 18 years can have with them an air weapon at any time unless supervised by someone who is aged at least 21 years unless they are shooting at an approved target shooting club or shooting gallery.

A young person between 14 – 16 years may shoot an air weapon on private premises providing they have the prior consent of the owner/occupier and providing any missile fired does not go beyond the boundary of those premises.

It also became an offence to make a gift of an air weapon or ammunition to a person under the age of 18 years.

It is also an offence to have an air weapon in a public place without lawful authority or reasonable excuse.

There are currently no lower age limits for an applicant wishing to apply for a shotgun certificate. A person under the age of 14 years may not be granted a firearm certificate in any circumstances.

A person under the age of 17 may not purchase a firearm or ammunition.

Under 15 years old it is prohibited to have with him assembled shotgun except while under the supervision of a person of or over the age of 21, or while the shotgun is so covered with a securely fastened gun cover that it cannot be fired.

A person may use a shotgun on private premises in certain circumstances. A person without a licence may borrow a shotgun from another person on private premises as long as:

• the weapon is being borrowed for either hunting animals or shooting game or vermin, or, for shooting at artificial targets;
• the lender is at least 18 years old, holds a relevant certificate, and either has the right to allow others to enter the premises for the purpose of shooting animals, game or vermin, or, is authorised in writing by such a person to lend weapons on the premises;
• the borrower's possession of the weapon complies with any conditions set out in the lender's certificate; and
• during the time the weapon is borrowed, the borrower is in the presence of the lender or another person aged 18 or over who holds a relevant certificate.

A person borrowing a shotgun on private premises may also purchase or acquire ammunition on the premises during the time the firearm is borrowed, as long as the ammunition is for use with the borrowed firearm, it is allowed by the lender's certificate, and it complies with any related conditions in the certificate.

BB guns (which fire plastic or aluminium balls) by different methods (such as compressed air or an electrical system) may or may not be firearms and so may or may not be prohibited.

The soft air type of BB gun which is 'toy like' (though it may be a little too powerful to be officially classed as a toy) does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium pellets. It will normally have a very low power rating, compared to an average air weapon.

An air weapon is powerful enough to injure and kill in the right circumstances, and, does therefore fit within the definition of a firearm, but is not powerful enough to be a section 1 firearm. However, even where a section 1 firearm is not required, an air weapons certificate may be required - see Q236 for further information. The average air weapon is probably about 150 times more powerful than a 'toy like' soft BB gun.

So if you are unsure whether your BB gun is legal or not, then it is worth checking with your local police who will be able to advise you.

Given the nature of BB guns and their capabilities then it is not advisable to allow them to be in the possession of young children.

The very realistic appearance of many BB guns means that armed officers frequently are called to deal with persons in possession of these items. The fact that these are virtually indistinguishable from a firearm can cause great public concern and place the holder in a very vulnerable and potentially dangerous position.

BB guns (which fire plastic or aluminium balls by different methods such as compressed air or an electrical system) may or may not be firearms and so may or may not be prohibited.

The soft air type of gun which is 'toy like' (though it may be a little too powerful to be officially classed as a toy) does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium balls. However, even where a section 1 firearm is not required, an air weapons certificate may be required - see Q236 for further information.

So if you are unsure whether your BB gun is legal or not, then it is worth checking with your police force's firearms department who will be able to advise you.