Section 5A Exemptions from requirement of authority under s.5.

England, Wales and Scotland

(1)

F1Subject to subsection (2) below, the authority of the Secretary of State F2or the Scottish Ministers shall not be required by virtue of F3... section 5 of this Act for any person to have in his possession, or to purchase, acquire, sell or transfer, F4any weapon, ammunition or missile specified in subsection (1A) of that section if he is authorised by a certificate under this Act to possess, purchase or acquire that weapon or ammunition subject to a condition that he does so only for the purpose of its being kept or exhibited as part of a collection.

(2)

No sale or transfer may be made under subsection (1) above except to a person who—

(a)

produces the authority of the Secretary of State F5or the Scottish Ministers under section 5 of this Act for his purchase or acquisition; or

(b)

shows that he is, under this section or a licence under the Schedule to the Firearms (Amendment) Act 1988 (museums etc.), entitled to make the purchase or acquisition without the authority of the Secretary of State or the Scottish Ministers .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The authority of the Secretary of State F7or the Scottish Ministers shall not be required by virtue of F8... section 5 of this Act for any person to have in his possession, or to purchase or acquire F9, or to sell or transfer,, any expanding ammunition or the missile for any such ammunition if—

(a)

F10he is authorised by a firearm certificate or visitor’s firearm permit to possess, or purchase or acquire, any expanding ammunition; and

(b)

the certificate or permit is subject to a condition restricting the use of any expanding ammunition to use in connection with any one or more of the following, namely—

(i)

the lawful shooting of deer;

(ii)

the shooting of vermin or, in the course of carrying on activities in connection with the management of any estate, other wildlife;

(iii)

the humane killing of animals;

(iv)

the shooting of animals for the protection of other animals or humans.

(5)

The authority of the Secretary of State F11or the Scottish Ministers shall not be required by virtue of ... section 5 of this Act for any person to have in his possession any expanding ammunition or the missile for any such ammunition if—

(a)

he is entitled, under section 10 of this Act, to have a slaughtering instrument and the ammunition for it in his possession; and

(b)

the ammunition or missile in question is designed to be capable of being used with a slaughtering instrument.

(6)

The authority of the Secretary of State or the Scottish Ministers shall not be required by virtue of F12... section 5 of this Act for the sale or transfer of any expanding ammunition or the missile for any such ammunition to any person who produces a certificate by virtue of which he is authorised under subsection (4) above to purchase or acquire it without the authority of the Secretary of State F13or the Scottish Ministers (as appropriate) .

(7)

F14The authority of the Secretary of State F15or the Scottish Ministers shall not be required by virtue of ... section 5 of this Act for a person carrying on the business of a firearms dealer, or any servant of his, to have in his possession, or to purchase, acquire, sell or transfer, any expanding ammunition or the missile for any such ammunition in the ordinary course of that business.

(8)

In this section—

(a)

references to expanding ammunition are references to any ammunition which F16is designed to be used with a pistol and F17. . . incorporates a missile which is designed to expand on impact; and

(b)

references to the missile for any such ammunition are references to anything which, in relation to any such ammuni tion, falls within section 5(1A)(g) of this Act.

Annotations

Textual amendments

F1: S. 5A inserted (1.1.1993) by S.I. 1992/2823, reg. 3(4)
F2: Words in s. 5A(1) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)
F3: Words in s. 5A(1) omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)
F4: Words in s. 5A(1) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(5)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)
F5: Words in s. 5A(2)(a)(b) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)
F6: S. 5A(3) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 59(2) (with reg. 60); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in s. 5A(3)(4) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b); S.I. 2014/949, art. 6(b)
F8: Words in s. 5A(4)(5) omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a); S.I. 2014/949, art. 6(a)
F9: Words in s. 5A(4) inserted (1.7.1997) by 1997 c. 5, s. 10(2)(a); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F10: S. 5A(4)(a)(b) substituted (1.7.1997) by 1997 c. 5, s. 10(2)(b); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F11: Words in s. 5A(5)(6) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b); S.I. 2014/949, art. 6(b)
F12: Words in s. 5A(6)(7) omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a); S.I. 2014/949, art. 6(a)
F13: Words in s. 5A(6) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)
F14: S. 5A(7) substituted (1.7.1997) by 1997 c. 5, s. 10(7); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F15: Words in s. 5A(7) substituted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(2)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)
F16: Words in s. 5A(8)(a) inserted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 129(3), 183(1)(5)(e); S.I. 2017/399, reg. 4(e)
F17: Words in s. 5A(8) repealed (1.7.1997) by 1997 c. 5, s. 10(8); S.I. 1997/1535, art. 3(b), Sch. Pt. I