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UPDATED GUIDANCE FOR THE TRADE ON THE DEREGULATION OF SOUND MODERATORS

The much-anticipated change in the law declassifying sound moderators has now come into force. Specialist firearms solicitor Laura Saunsbury examines what this means in practice for the trade.

Readers of this column may recall that I previously provided some broad guidance on this subject in the April 2026 issue of this publication. At that stage the change in the law had not yet come into effect and official guidance from the Home Office was still awaited. However, on 29 June 2026 the relevant provisions of the Crime and Policing Act 2026 came into force, removing sound moderators and flash suppressors (often also referred to as flash hiders) from the definition of a ‘firearm’, as set out in the Firearms Act 1968.

Such items are now reclassified as ‘a relevant accessory’, and no longer require a specific authority or individual entry on a certificate. Any holder of a firearm or shotgun certificate can now simply purchase and possess a relevant accessory. The Crime and Policing Act 2026 does however create a new criminal offence of possessing a relevant accessory for a section 1 firearm without holding a valid firearm or shotgun certificate, which is punishable by a fine of up to £1,000. So what does all this mean for the trade, and more widely for certificate holders?

I’m pleased to report that the implementation of this legislation has been something of a success story, demonstrating what can be achieved when government and police at national level engage with interested bodies in the shooting community to ensure that the new law delivers clarity and will actually work in practice. The Home Office, National Police Chiefs’ Council and College of Policing have welcomed early and constructive engagement from national shooting bodies, in particular the British Shooting Sports Council, of which the Gun Trade Association is a constituent member. The brief summary below of the key practical changes and consequences of the deregulation of sound moderators and other relevant accessories is taken directly from a consolidated guidance document drawn up following a meeting between representatives of the Home Office, NPCC, College of Policing and the BSSC. You can therefore be assured that this guidance will have been circulated to all police firearms licensing departments. The key changes are:

• Holders of either a firearm certificate or shotgun certificate may lawfully possess a sound moderator or flash suppressor.

• Sellers are not required to check certificate status before sale. The onus is on the purchaser to ensure, and demonstrate if required, that their possession is lawful.

• RFD transaction recording requirements ceased on 29 June 2026 for new transactions.

• Mail-order and distance sales are permitted, and sellers do not need to be an RFD.

• Visitor permits do not need to include sound moderators.

• Enforcement activity should focus on unlawful possession rather than legitimate certificate holders.

• Existing moderator entries can remain on certificates until renewal.

• Certificate holders do not need to return certificates for amendment.

• No new sound moderator authorities should be issued.

• Historic authorities do not create vacant authorities.

• Historic authorities cannot support one-for-one variations.

• Sound moderators do not need to be stored in a security cabinet.

• Existing certificate conditions relating specifically to sound moderators no longer have legal effect.

• In Scotland, sound moderators for firearms are deregulated, however sound moderators for air weapons remain subject to Scottish licensing controls.

The Home Office and the NPCC have been very clear that there is no intention lawful shooters should be prosecuted for possession of a sound moderator, as these devices have now been de-regulated. For this reason, possession of either a firearm or shotgun certificate is sufficient to demonstrate legal possession, recognising that those who have been granted a certificate will have satisfied the robust suitability checks required by the Statutory Guidance for Chief Officers of Police on firearms licensing. The objective of the new offence of possessing a sound moderator or flash suppressor for a section one firearm without holding a valid certificate is to criminalise those who intend to use sound moderators with unlawfully held firearms.

It is therefore worth noting that possession of a sound moderator for use with an air weapon, or under any of the various legal exemptions which permit non-certificate holders to lawfully possess firearms, such as borrowing a rifle on private land, does not constitute an offence. Similarly, a moderator fitted to, or solely for display with, a lawfully deactivated firearm may be possessed without restriction, as can moderators manufactured and intended for use with airsoft or paintball devices. Finally, a moderator capable of fitting multiple firearms does not change legal status merely because it is capable of being used on a firearm of a different class.

There is not space to reproduce here in full the consolidated guidance agreed between the BSSC, Home Office, NPCC and College of Policing. I have no doubt that by the time you read this article, it will have been circulated by the GTA to all members. It is worth keeping for future reference. If for any reason you missed it, I’m sure the GTA will be happy to supply you with a further copy.

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020 7387 2032

lsaunsbury@lewisnedas.co.uk lewisnedas.co.uk

This article appears in Aug-26

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