SECTION 21 DISCLAIMER

It is an offence for someone who is prohibited by Section 21 of the Firearms Act 1968 to have a firearm or ammunition in his or her possession at any time.

Section 21 applies to anybody who has been sentenced to imprisonment or to youth custody or detention in a young offenders’ institution for three months or more.

The period for which they are prohibited depends on the length of their sentence, if the sentence was longer than three years the prohibition is for life. If the sentence was three months or more but less than three years, the prohibition lasts for five years from the date of their release.

It is an offence for a person to transfer, let or hire, give or lend a firearm or ammunition to someone whom he/she knows has reasonable grounds for believing to be prohibited by Section 21.

Section 21 of the Firearms Act 1968 covers persons who are banned from being in possession of firearms or ammunition. It is an offence for a shooting range operator to knowingly allow persons who are banned under section 21 from using guns at the range, whether or not there is a section 11(6) permit in operation.

Best practice is to identify all non-certificate holders ( by requesting sight of licence on all entrants), and any who cannot produce a certificate are asked to sign in on a form such as the pro-forma suggested by the CPSA.

Note, that persons not in possession of a current shotgun certificate because of a revocation are not banned persons unless they have also had a custodial sentence as defined by section 21. These persons may be able to shoot legally under the provisions of section 11(6).

Note also, that although a person may have had an automatic ban under section 21, there is a right of appeal to the Crown Court, and on the outcome of a successful application a person can be granted a shotgun certificate. Such a person would be in possession of a normal certificate and is entitled to own shotguns.