Section 23 Exceptions from s. 22(4).

England, Wales and Scotland

(1)

F1It is not an offence under section 22(4) of this Act for a person to have with him an air weapon or ammunition while he is under the supervision of a person of or over the age of twenty-one; but where a person has with him an air weapon on any premises in circumstances where he would be prohibited from having it with him but for this subsection, it is an offence ~~F2for the person under whose supervision he is to allow him to use it for firing any missile beyond those premises.~~.

(1A)

F3In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).

(2)

~~It is not an offence under section 22(4)~~ F4~~... of this Act for a person to have with him an air weapon or ammunition at a time when—~~

(a)

~~being a member of a rifle club or miniature rifle club for the time being approved by the Secretary of State for the purposes of this section or~~ ~~F5section 15 of the Firearms (Amendment) Act 1988, he is engaged as such a member~~ F6~~... in connection with~~ ~~F7target shooting; or~~

(b)

~~he is using the weapon or ammunition at a shooting gallery where the only firearms used are either air weapons or~~ ~~F8rifles chambered for .22 rim-fire cartridges~~.

(3)

~~F9It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier.~~

(4)

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

Annotations

Textual amendments

F1: S. 23 repealed (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(5); S.S.I. 2016/130, art. 3(c)
F2: S. 23(1): words substituted (1.10.2007) for s. 23(1)(a)(b) by Violent Crime Reduction Act 2006 (c. 38), ss. {34(3)(a)}, 66(2); S.I. 2007/2180, art. 3(d)
F3: S. 23(1A) inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(3)(b), 66(2); S.I. 2007/2180, art. 3(d)
F4: Words in s. 23(2) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(3)(a), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(g)(ii)(a)
F5: Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(4)
F6: Words in s. 23(2)(a) repealed (1.7.1997) by 1997 c. 5, s. 52(2), Sch. 3; S.I. 1997/1535, art. 3(b), Sch. Pt. I
F7: Words in s. 23(2) substituted (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II
F8: Words in s. 23(2)(b) substituted (1.5.2025) by Firearms Act 2023 (c. 49), ss. 1(3), 3(3); S.I. 2025/535, reg. 2(a)
F9: S. 23(3)(4) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(3)(b), 93; S.I. 2003/3300, art. 2(c)(ii)
F10: S. 23(4) repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(3)(c), 65, 66(2), Sch. 5; S.I. 2007/2180, arts. 3(d), 4(f)(i)
F11: S. 23 heading substituted (20.1.2004) by virtue of Anti-social Behaviour Act 2003 (c. 38), ss. 38(3), 93; S.I. 2003/3300, art. 2(c)(ii)