HUGE CHANGES FOR MINIATURE RIFLE RANGES

Specialist firearms licensing solicitor Laura Saunsbury considers recent legal changes governing the operation of miniature rifle ranges, highlighting the key responsibilities now required under updated legislation.

The Firearms Act 2023, which came into force on 1st May 2025, imposes greater regulation of miniature rifle ranges and shooting galleries. Previously, there had been a legal exemption under section 11(4) of the Firearms Act 1968 which permitted not only the users of such a range to shoot miniature rifles without holding any certificate, but also the operator of such a range could possess and even purchase miniature rifles for use at the range. It has long been acknowledged as an anomaly which is out of step with the tight legal controls on firearms possession in the UK that there was therefore no vetting by the police of individuals operating a miniature rifle range (MRR) as to their suitability, or the degree to which they managed the MRR responsibly to ensure the safety of the participants.

Consequently, there was widespread support from shooting bodies for a Home Office consultation which proposed to remove the specific legal exemption for MRR operators from the requirement to hold a firearm certificate. This change in the law was subsequently enacted by the Firearms Act 2023. A recent Home Office circular announcing the commencement of the 2023 Act with effect from 1st May 2025 states that it is now a legal requirement that the operator of any MRR must be in possession of a firearm certificate.

However, as is often the case with firearms legislation, the wording of the 2023 Act is not as clear or explicit as it could be. While it repeals the old exemption under the 1968 Act, the revised legislation does not expressly state that all MRR operators must now hold a firearm certificate, although this would seem to be the practical effect.

Certainly, the Home Office position would appear to be that in every case an operator must hold a firearm certificate. It therefore seems unlikely that an individual with some other form of lawful authority to purchase and possess firearms, for example a registered firearms dealer, would be permitted to operate an MRR without obtaining a firearm certificate. It is less clear whether a Home Office approved shooting club will be allowed to operate at times as a MRR under their existing club certificate, or whether the club secretary will be required to apply for a separate firearm certificate purely for that purpose.

Guidance notes available on the Home Office website indicate that being the operator of a miniature rifle range or gallery which uses .22 rim-fire calibre firearms can constitute good reason for a person to be granted a firearm certificate. Police enquiries to establish good reason will include a visit to the MRR or gallery and inspection of the arrangements for safe storage of the firearms, as well as checking there is proper supervision of participants so that the operation of the range or gallery will not pose a danger to public safety. The Home Office guidance notes also include some criteria for the police to assess whether the MRR is properly conducted, including requirements for participants to be supervised at all times by a suitably qualified person such as a Range Conducting Officer, and for participants to be refused permission to shoot where the operator has concerns about an individual’s behaviour or demeanour.

It would appear that the intention is for these guidance notes to be incorporated in the good reason paragraphs of the Home Office Guide to the Police on firearms licensing (the non-statutory guidance). However, at the time of writing this article, the non-statutory guidance document has not yet been updated to incorporate this additional guidance, and it is unclear when that is going to happen. It is understood the Home Office intend to review this preliminary guidance after 6 months and that it may then be amended or expanded before being fully incorporated into the non-statutory guidance.

One issue which the 2023 Act does definitively clarify is the type of firearms which can be used at such ranges. Previously, the legislation permitted the use of air weapons and miniature rifles not exceeding .23 inch calibre. This was generally taken to mean .22 rimfire, although there were differing interpretations as to whether this also allowed the use of .223 centre fire rifles. That ambiguity has now been cleared up by the amended legislation, which now expressly provides that ‘miniature rifle’ means a rifle chambered for .22 rimfire cartridges. That said, the provisional guidance from the Home Office indicates that there is no requirement for the operator of a shooting gallery or range which only uses low powered unlicensed air weapons to obtain a firearm certificate in order to continue operating the range.

The miniature rifle range exemption provides a valuable route for introducing youngsters and other newcomers to shooting. It is used widely by organisations such as scouts, cadets and other clubs, schools and colleges, as well as commercial ventures such as fairgrounds and game fairs. It is therefore right that the exemption has been retained in legislation, although it remains to be seen how much of an additional burden will be created for those organisations by the requirement for the range operator to hold a certificate, and how the new criteria for firearms certificates for these purposes will be applied by the police in practice.