Firearms and the Law

In general terms  a ‘firearm’ is a rifle, pistol or any other kind of smaller, handheld gun.

In law it is defined as a lethal barrelled weapon of any description from which any shot, bullet or other missile can be fired, with Section 57 of the principal Act (as amended) further defining a ‘firearm’ as:

•  a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged with kinetic energy of more than one joule at the muzzle of the weapon,
•  a prohibited weapon and/or any relevant component part of such a lethal barrelled or prohibited weapon,
• and any accessory to a lethal barrelled or prohibited weapon designed or adapted to diminish the noise or flash caused by firing the weapon.

Some firearms and shot guns may be held on a firearm or shot gun certificate issued by the police. Low-powered air weapons are not licensed in England and Wales unless they are of a type declared specially dangerous by the Firearms (Dangerous Air Weapons) Rules 1969, but there are restrictions on their sale.

The police are the licensing authority for firearm and shot gun certificates, as well as for firearms dealers. The authority rests with local police forces rather than a central licensing authority because of the local information that police will use to inform their judgement.

Applications for authority to possess prohibited weapons, such as handguns, in England and Wales are determined by the Home Office on
behalf of the Secretary of State. Applications for such authority in Scotland are determined by the Scottish Government on behalf of Scottish Ministers.

The guiding principle behind the requirement to have a “good reason” to possess, purchase or acquire firearms or ammunition, is that firearms are dangerous weapons and the state has a duty to protect the public from their misuse.

In general, applicants should be able to demonstrate that they ‘use’ their firearm on a regular, legitimate basis for work, sport or leisure (including collections or research).

Chief officers are able to exercise discretion over what constitutes a good reason, judging each case on its own merits. Chief officers should exercise caution in dealing with cases where the applicant presents a nominal reason for possessing firearms without supporting evidence.

The police will be expected to make reasonable inquiries to verify the applicant’s “good reason” for the possession of firearms.

Permission to possess, purchase or acquire a firearm will only be granted to an individual who is assessed by the licensing authority, the police, as not posing a threat to public safety and having good reason to own the firearm.

Background checks are to be completed for every applicant who applies for either grant or renewal of a certificate or certification, unless checks were carried out within the last six months as part of continuous monitoring of existing certificate holders. A home visit must always be carried out before granting a certificate to a first-time applicant.

Section 27(1) of the 1968 Firearms Act says that:

A firearm certificate shall be granted where the chief officer of police is satisfied:

(a) that the applicant is fit to be entrusted with a firearm to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a firearm;

(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition in respect of which the application is made; and

(c) that in all the circumstances the applicant can be permitted to have the firearm or ammunition in his possession without danger to the public safety or to the peace.

Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms.

Persons who are sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms) at any time.

In the UK a firearms license is a literal certificate which is issued to an individual person and outlines which firearms they are legally allowed to own.

There are two types of certificates which can be applied for. They are completely separate with no overlap and cover a user for specific different firearms.

Shotgun Certificate

A shotgun certificate is the simpler of the two certificates to obtain and allows a holder to own specific kinds of shotgun. The kinds of shotgun that can be owned under this certificate are widely used for clay pigeon shooting and for shooting wildlife.

The shotgun must:

• Have a barrel no shorter than 24 inches (from muzzle to breech)
• Have a barrel with a bore not exceeding 2 inches in diameter
• Have no magazine, or have a non-detachable magazine not capable of holding more than 2 cartridges.

Firearms certificate

A firearms certificate entitles the holder to own a section 1 firearm (all firearms except: a shotgun; an air weapon (unless declared ‘specially dangerous’); prohibited weapons such as centre fire self-loading rifles, handguns, machine guns etc (unless specifically authorised).)

Shooters looking to fire a large calibre rifle will need to get a firearms certificate.

The firearms that can be owned are assessed on an individual basis by the local police force, which will ensure a shooter has a good reason to own the firearm.

A firearms certificate lists the exact firearm rather than the “type” and the certificate holder is limited to these firearms.  Anyone wishing to amend their certificate with more or fewer weapons will need to file for a “variation”.

A person must be 14 years old before they can be granted a firearms certificate, and must prove to the police that they have a good reason for possessing a firearm. They will also have to show that they have somewhere suitable to use it.

There is no minimum age for a shotgun certificate, though a person is not allowed to use a shotgun without an adult supervisor until 15 years old.

In Northern Ireland it is an offence for a person under 18 to possess a firearm. However, a person aged 16 or over may, for sporting purposes, have a firearm or ammunition in his possession while accompanied by a person of 18 or over who holds a valid certificate for the firearm and ammunition. Furthermore, it is not an offence for any person to possess a firearm, which they are entitled to possess by virtue of a Great Britain firearms certificate.

There is no minimum age for a child to attand a shoot (in reality, that means no minimum age at which a shooter can introduce their child to killing wildlife).

Shooting magazines blithely say that, for example, by the age of five or six a child could ‘sit at your peg and hold the dog’, pick up spent cartridges, or count dead birds. At the age of eight or nine a child ‘could join the beaters or flankers’, driving birds to their deaths. A couple of years later the proud shooting parent can assume the child will be ready for ‘their first clay lesson’ and on their way to joining their parents in the ghastly ‘sport’ of shooting living animals for fun.

Firearms and ammunition  must be stored and transported securely to prevent, as far is reasonably practicable, unauthorised people from taking or using them.

• Firearms transported in vehicles must be hidden or concealed. If the vehicle is used ‘frequently’ to carry firearms and the firearms might be left unattended it should be fitted with an immobiliser and alarm.
• If a vehicle is left unattended for any reason, the firearms should be made temporarily inoperable by removing essential components such as the bolt or fore-end which should kept in possession of the responsible person.
• Even when just stopping to eg refuel, a vehicle being used to transport firearms should be locked and kept within the sight of the responsible person.

The security of firearms and ammunition is the responsibility of the holder of a firearm or shotgun certificate.

Yes, a firearm can be used near a house. Incredibly, there is no legal limit on how close to a house or other residential building someone may shoot. 

A shooter is advised to “take extra care regarding both safety and the possible alarm or annoyance” that shooting in populated areas may cause to others and it is suggested they use a sound moderator “if they have one” but there is no legal requirement.

It is however ‘constructive trespass’ if any shot lands on or in someone else’s property without their permission.

Yes it is. Shotgun pellets that fall on to another person’s land constitute a constructive trespass, so a tort in civil law rather than a criminal offence though.

It is however a criminal offence to allow an airgun pellet to leave a premises and land on someone else’s property without their permission. 

Trespass means a physical entry by a person onto land without permission (for the purposes of poaching law a person shooting or sending a dog from the public road or footpath is a trespasser). The Firearms Act 1968 says that “A person commits an offence if, while he has a firearm [or imitation firearm] with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).”

Having or using a firearm while trespassing is considered to be armed trespass, a serious offence.

The trespasser may be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale (£2500) or to both.

The police should always be called when someone is seen or found without permission on land (or in a building) with a firearm. The burden of proof is on the trespasser to prove that they have a good reason to be on the land carrying a gun.

• NB. Shotgun pellets landing on someone else’s land without their permission is not ‘armed trespass’ but constructive trespass, a civil offence.

Several high-profile prosecutions have been brought against gamekeepers for not storing firearms properly, including (in January 2023) Dorset gamekeeper Paul Allen when police found an unsecured loaded firearm behind a door in Allen’s home. 

The conditions of a firearm or shot gun certificate stipulate that guns must be stored securely so as to prevent access by an unauthorised person eg a burglar/housebreaker or thief.

Firearms Rules 1998 prescribe safe keeping conditions on firearm and shot gun certificates. They create two levels of security:

• Rule 3(4)(iv)(a) provides for the firearms and ammunition to which the certificate relates to be stored securely at all times except as provided in paragraph (b), so as to prevent, as far as is reasonably practicable, access by an unauthorised person;
• Paragraph (b) lists the circumstances in which the security requirements of paragraph (a) do not apply:
  i. when the firearms or ammunition are in use;
  ii. when certificate holders have the firearm with them for cleaning, repairing or testing it or in connection with its use, transfer or sale;
  iii. for some other purpose connected with its use, transfer or sale;
  iv. the firearm or ammunition is in transit in connection with any of these purposes.

• The law does not require that a firearm is stored in a purpose-made firearms cabinet but says that all reasonable measures must be taken to ensure their safe keeping.  Many police forces suggest though that all firearms should be kept in a British standard approved gun cabinet, fixed to the fabric of the building (so it can’t be pulled off the wall), and out of casual sight of a visitor.

A gun owner is not legally required to keep their guns at their home address but must apply for a certificate to the police force responsible for the area in which they live, rather than that where the guns are kept.

The Licensing Act 1872 makes it an offence to be drunk in charge of a loaded gun.

Gun carriers for stag hunts like the Quantock Stag Hounds must therefore be sober when they have a loaded weapon strapped to the side of their horse.

The Firearms Act 1968 also makes it an offence to transfer a firearm or ammunition to anyone believed to be drunk. A loader on a shoot could therefore potentially be charged under the Firearms Act for ‘loading’ a shotgun for a drunk client.

‘Drunkenness’ is not clearly defined in law, but if a hunter or shooter’s faculties are impaired they may be deemed to be drunk. If their eyes are glazed, speech slurred, or unsteady on their feet, they are in no fit state to be shooting (and if they try to drive home, s. 4(1) Road Traffic Act 1988, makes it an offence if a person drives or attempts to drive a motor vehicle on a road or other public place whilst unfit through drink or drugs).

The police will take a conviction for drink-driving into account when assessing suitability to hold a shotgun certificate, and a conviction may be seen as demonstrating impaired judgement or loss of self-control.

One conviction on an otherwise unblemished record may not matter but two or three convictions and  judgement will certainly be questioned.

Section 21(4) of the Firearms Act says that it is an offence for certain persons previously convicted of criminal offences to possess a firearm or ammunition.

• Where a person has been sentenced to three or more years’ imprisonment, the prohibition is for life;
• Where a person has been sentenced to at least three months but less than three years’ imprisonment, the prohibition is for five years from the date of release (or from the second date after the sentence is passed where it is suspended);
• There may also be a prohibition included in a community order.

A spent cartridge is one that has been fired and ejected from a firearm. There appears to be no legal requirement for shooters to pick up spent cartridges, so anyone might find one ‘dumped’ in the environment.

The first thing to know is that finding spent cartridges doesn’t indicate a crime of any sort has taken a place – providing the targets are not protected species shooting (sadly) is considered a ‘lawful activity’ and anyone with a firearms licence can shoot in a field or a wood if they have the landowner’s permission.

Should we dispose of any cartridges we find? Even though spent shotgun cartridges contain lead residues they are not present in the sort of quantities to be classed as a ‘Hazardous Waste’ and are classed as a ‘Non-hazardous Waste’. They are though as polluting as any other waste. Rather than leave them on-site, they can be picked up and disposed of at home. Unless you are prepared to send a spent cartridge to a specialist recycling service, because they contain both hard plastic and metal they cannot be placed in a domestic recycling bin but need to go in with standard domestic waste.

• NB: Finding unfired cartridges is a different matter. No certificate is required for possession of shotgun cartridges but while a cartridge is unlikely to go off accidentally (it does take a lot of force for a cartridge to go off when outside a firearm), they could still be dangerous if stored or carried improperly. It is advisable to call the police on 101 and ask them to come and remove them.

The UK government revised its list of so-called ‘pest birds’ that can be shot in England from 1 January 2022 under the main General Licences.

These species can only be shot if all other measures to move them on, scare them away or in the case of crops stop them reaching the crop, have been tried.

Canada Goose (GL28, GL40, GL41, GL42)
Carrion Crow (GL26, GL40, GL41, GL42)
Woodpigeon (GL31, GL42)
Jackdaw (GL42)
Jay (GL40)
Magpie (GL40, GL42)
Rook (GL42)
Egyptian goose (GL40, GL42)
Monk Parakeet (GL40, GL40, GL42)
Ring-necked Parakeet (GL40, GL42)
Ruddy Duck (GL21)
Sacred Ibis (GL40)
Indian House-crow (GL40, GL42)
Feral Pigeon (GL41, GL42)

GL21 = kill or take ruddy ducks for conservation purposes
GL26 = kill or take carrion crows to prevent serious damage to livestock
GL28 = kill or take Canada geese to preserve public health and safety
GL31 = kill or take woodpigeons to prevent serious damage to crops
GL40 = kill or take wild birds to conserve wild birds and to conserve flora and fauna
GL41 = kill or take wild birds to preserve public health or public safety
GL42 = kill or take wild birds to prevent serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters

So-called ‘pest birds’ that can be shot in Scotland from 1 January 2022 fall under three main general licences:

Canada Goose (GL01, GL02, GL03)
Carrion Crow (GL01, GL02)
Feral Pigeon (GL02, GL03)
Greylag Goose (GL02)
Hooded Crow (GL01, GL02)
Jackdaw (GL01, GL02)
Jay (GL01)
Magpie (GL01, GL02)
Rook (GL02)
Ruddy Duck (GL01)
Woodpigeon (GL02)

GL01 = for the conservation of wild birds
GL02 = for the prevention of serious damage to livestock, foodstuffs for livestock, crops, vegetables and fruit
GL03 = for the preservation of public health, public safety and preventing the spread of disease.

In April 2020, Scotland removed Collared Doves, Herring Gulls, Lesser Black-backed Gulls and Greater Black-backed Gulls from the general licences. At the same time it was made illegal to shoot Woodpigeons, Jackdaws, Magpies, Rooks, Carrion or Hooded crows for reasons of public health.

It’s far more difficult than it should be to stop shooting taking place, because it is currently legal and legislation is weighted very heavily in favour of shooters rather than the people who want to live in a quiet and peaceful countryside.

The three key questions to ask are:

• do the shooters have permission from the landowner to shoot on their land (ie has the landowner given permission to shoot on that site),
• what was being shot (what species),
• and were any laws being broken.

Who owns the land?

If the shooters (or the shooting syndicate) include the landowner or they had permission from the landowner to be on the land, it is very difficult under current law to stop shooting taking place.

As well as having licences for any firearms (which is almost impossible to verify as a member of the public), all shoots are obliged to show consideration for others, and individual guns must ensure that their activities take account of others’ interests. Everyone involved in shooting should have regard for other people’s property and safety and the frequency of shooting must not give rise to unreasonable nuisance to neighbours. Shoots must obtain permission before entering neighbouring land. If it can be shown that shooting is impacting your right of enjoyment of your property, or that shooters have come onto your property without your permission, it may be worth consulting a solicitor for legal advice but they will need to be given detailed records showing the frequency of the shoot etc, and it may be an expensive option.

If you can show that the shooters didn’t have permission to shoot on a site then they are trespassing. The police may not respond to trespass ordinarily, but trespassing with a firearm is armed trespass which they should always respond to.

If the land is council-owned or a protected site then that is another route to follow: contacting the landowner in that case may (eventually) result in shooting being stopped on the site.

What is being shot?

 While most birds are protected by UK law at all times of the year, landowners can use a ‘general licence’  to ‘control’ some birds species almost all year around. There is very little protection for Wood Pigeons and some corvids (crows), for instance.  Grey Squirrels also have very limited protection as a non-native species and can be shot all year round. The Pheasant and Partridge shooting ‘season’ runs until 1st Feb, so any organised ‘pheasant’ shoot will have to end then.

Is the shooting lawful?

Were any laws broken in terms of shooting near a road, using a decoy bird, killing protected wildlife like badgers etc? It might be worth checking for any evidence left behind once the shooters have left the site – but only when and if it is absolutely safe to do so.

Do others feel the same way?

Do any of your neighbours feel the same way as you do? Multiple complaints to a local paper, the council, your MP etc are usually better than trying to complain as an individual.

Wildlife crime is defined as any action which contravenes current legislation governing the protection of the UK’s wild flora and fauna, including species traded in the UK.

Note that wildlife crime does NOT include:

• Incidents involving domestic or companion animals such as dogs (other than dogs being used to hunt mammals), cats, rabbits, domesticated birds, etc.

• Wild animals that have been involved (killed or injured etc) in road traffic accidents.

Road accidents with wild animals do not need to be reported to the police, but note that domestic animals (as well as goats, horses, cattle, asses, mules, sheep and pigs) come within the remit of the Road Traffic Act.
If you have a road accident involving these animals you are required by law to report it to the police. If the wild animal is so badly injured in a road accident that there is no chance of recovery or the animal can not be returned to the wild then he or she may be euthanised, providing there is no appropriate long-term captive or semi-captive accommodation or when treatment would involve undue suffering or distress.

If we come across a wildlife crime scene or a dead bird/object that may be related to a wildlife crime every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.

• Before we do anything else it is very important that we do NOT approach anyone we suspect of committing a crime – they may be violent and/or aggressive. This is especially true of badger baiters and hare coursers who are typically extremely violent. This must be a first priority!

 If we see a wildlife crime taking place (or someone is at risk of getting injured or is being threatened) call 999 immediately.

They will want to know what we can see happening:

• What sort of crime is being committed
• Are any firearms involved
• Could we or the public be in danger

To report a historic crime – that is, a crime that is no longer taking place – use 101 or a local organisation instead.

• If calling the police ask to speak to a Wildlife Crime Officer and make sure to get an Incident Report number.
• Please always follow any advice given and – if they are not available – insist that a Wildlife Crime Officer is made aware of your report.
•  Our options are wider if the event is over, and it may be preferable to talk first to a charity or NGO to get advice. Crimestoppers (an independent charity) can be contacted in complete confidence on 0800 555 111
• When thinking about reporting a crime it’s worth noting that only the police have statutory powers to make an arrest. RSPCA and RSPB investigation officers work with the police for successful prosecutions.

Reporting a wildlife crime (or even a suspected wildlife crime) is important for two reasons.

• If the event is still happening it may enable the authorities to catch the criminals ‘in the act’ (which means a higher chance of prosecution),
• and if the event is over a report can still help to build up a more accurate picture of what might be happening in a specific location or across the country as a whole.

Our help is always welcomed

• Whoever we decide to contact we have been assured that our help is welcomed and that if we’re in any doubt that what we’re seeing is a  crime we should report it anyway. Remember, if what we see ‘feels’ wrong, it probably is!

• Even if we’re not sure about what we’re seeing, we can take a photograph and email it to the police or an investigations officer – they are trained to quickly recognise for example when a snare is illegally placed, whether a trap is being used illegally, or whether a crime is being committed or not.
• We may help stop or solve future crimes by helping build up a pattern of behaviour in an area.