Explanatory note

These Rules make amendments to the Firearms Rules 1998 (“the Rules”) (S.I. 1998/1941) for the purpose of implementing the requirements of Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 (“the 2017 Directive”) amending Council Directive 91/477/EEC (“the 1991 Directive”) on control of the acquisition and possession of weapons.

On 23rd June 2016, the EU referendum took place and the people of the United Kingdom voted to leave the European Union. Until exit negotiations are concluded, the UK remains a full member of the European Union and all rights and obligations of EU membership remain in force. During this period the Government will continue to negotiate, implement and apply EU legislation. The outcome of these negotiations will determine what arrangements apply in relation to EU legislation in future once the UK has left the EU.

Rules 2(3) and 2(4) implement article 5(1)(a) of the 1991 Directive, as amended by article 1(6) of the 2017 Directive, which restricts the acquisition and possession of firearms by persons under the age of 18. Article 5(1)(a) permits a person under the age of 18 to acquire or possess a firearm provided that responsibility for its proper storage is assumed by a parent or an adult who holds a valid firearm authorisation.

Rule 2(5) implements paragraphs 1 and 2 of article 4 of the 1991 Directive, as amended by article 1(3) of the 2017 Directive, which sets out the marking requirements for firearms and essential component parts of firearms manufactured or imported into the EU on or after 14 September 2018 and ammunition. Rule 2(5) amends the particulars to be entered by firearms dealers into the register of transactions under Part 4 of Schedule 5 to the Rules (firearms dealer’s register of transactions) to reflect the changes to the requirements for marking firearms.

Measures have also been implemented through the Firearms Regulations 2019 and an explanatory memorandum providing more detail on the way the amendments to the 1991 Directive have been implemented has been published alongside that instrument on the www.legislation.gov.uk website and is also available from the Home Office, 2 Marsham Street, SW1P 4DF. A transposition note has also been laid before Parliament.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.