SELLING AMMUNITION

The Brabners team take a detailed look at the legal aspects of ammunition sales, including storage and purchase requirements.

Selling ammunition in the United Kingdom is of course tightly controlled to ensure public safety and compliance with the law. This week, Lachlan Nisbet and Charlotte McRae provide an overview of the key aspects you need to know in order to fulfil your obligations:

LEGAL REQUIREMENTS

To sell ammunition or shotgun cartridges in the UK, you must be a registered firearms dealer (RFD) or possess a valid firearm or shotgun certificate, and you must check that the buyer also has the appropriate certification to be able to make the purchase, or that they have been authorised by a certificate holder under the exemptions contained in section 11A of the Firearms Act 1968, and that they are purchasing a quantity which has been authorised to them.

You should also satisfy yourself that the purchaser is over 18, as anyone under the age of 18 is nor permitted to purchase ammunition, however they are able to possess ammunition or receive it as a gift if they hold a firearms certificate.

The National Crime Agency has warned of a rise in fraudulent shotgun and firearm certificates being used to unlawfully acquire weapons and ammunition. The recent case of Nicholas Prosper serves to highlight problems in this regard. Prosper has made what was referred to within the prosecution case as a ‘high-quality forgery of a shotgun certificate’ which enabled him to procure the shotgun and cartridges used in the subsequent shootings of his family members. Albeit that Prosper purchased from an online RFD, the case serves to highlight the problem that forged documents may present. The best advice therefore has to be that you should ensure that you see original certificates, ensuring that it is printed on certificate paper with the appropriate watermarks and UV marks. Obviously, the issuing force ought to be able to assist via telephone but overall, if in doubt, don’t make the supply.

ACCURATE RECORD KEEPING AND RELEVANT DOCUMENTATION

Registered Firearms Dealers will be well aware that it is a legal requirement under Section 40 of the Firearms Act 1968 to maintain accurate records of all transactions, which are subject to regular scrutiny. The register must include sales of firearms, shotguns and section 1 ammunition. There are items which is it is not necessary to record such as ammunition for air rifles or air pistols, blank cartridges of not more than one inch in diameter measured immediately in front of the rim or cannelure of the base of the cartridge. An exhaustive list of details required to be included in this register of transactions are specified in Schedule 4 to the Firearms Act 1968. This includes details of the buyer, the type and quantity of ammunition sold, and the date of the transaction. These records must be kept for a period of at least five years to allow any inspection by the police if required.

It must be noted that every transaction needs to be recorded within 24 hours after the transaction took place.

When selling s1 ammunition, you must also record the transaction on the buyer’s firearm certificate at Table 2 and each column within the table must be completed.

SAFETY AND SECURITY MEASURES

Generally, ammunition must be stored securely to prevent unauthorised access and separate to any firearms in your possession. If you transport ammunition, you must ensure that this is kept out of sight of the public eye using a luggage compartment or purpose-built secure cabinet in your vehicle. Ideally don’t leave the vehicle unattended but if that is practically unavoidable and you need to leave the vehicle unattended at any time, keep the period as short as possible, leave the vehicle in a visible area where possible, ideally an area covered by CCTV cameras. You should also obviously ensure the vehicle is correctly locked and any security devices are in operation. The same due diligence is expected of any servant that is employed at an RFD, in addition to carrying a copy of the dealer’s certificate of registration and their letter of authority.

5. PROHIBITED AMMUNITION

Section 5 of the Firearms Act 1986 refers to a complete list of weapons (including ammunition) subject to general prohibition which all RFDs and sellers must be aware of. Home Office approval is required in order to deal in prohibited types of weapons and ammunition. Section 9 of the Firearms Act 1968 permits carriers to possess a firearm and ammunition in the ‘ordinary course of that business’, without holding a certificate but it must be noted that in order for a carrier to possess prohibited weapons or ammunition, the carrier must also be Home Office approved.

WHAT ARE THE PENALTIES FOR NON-COMPLIANCE?

Schedule 6 to the Firearms Act 1968 sets out the penalties for the offences relating to the sale of ammunition where the legislation has not been complied with. Where an RFD sells ammunition to a person without a certificate, or fails to properly enter transactions into a register, the court can impose a custodial sentence of up to six months and/or a fine. In other cases, including cases concerned import and expert, unlimited fines can be imposed alongside much longer custodial sentences.