HAMPTON RIFLE CLUB

est. 1904

Legal

HRC has put in place a privacy policy for handling your information which complies with the General Data Protection Regulations (GDPR - effective from 25/05/2018) and is inline with the guidance issued by our governing body (the NSRA) The information you provide to HRC is treated as confidential and kept secure to the fullest extent possible. HRC will not distribute information it holds to third parties without prior written consent by the individual/member.​ A copy of the Privacy Policy can be found in the 'Links' page.

Inline with the Privacy Policy, the following exceptions apply:​

The Home Office requires that all Rifle Clubs maintain a record of all those that shoot at the Club and the firearms used. This means that details of applicants will be forwarded to the Licensing Police Authority for Membership approval.​

The applicant must satisfactorily complete the probationary period that is not less than that prescribed by the Home Office, before full membership can be granted. Probationary periods may be extended if the Committee feels it necessary to fully assess competency.​

Members names and competition scores may be held on computer by the MSBRA and by the NSRA and may be published on their relevant websites. We urge members to review their Privacy Policies.

The Club adheres to the guidance issued by the NSRA on the protection of children and vulnerable adults in target shooting and requires all coaches and helpers working with minors and vulnerable adults to have Disclosure and Background clearance.

HRC reserves the right to decline membership without explanation.

Anyone who behaves in an unsafe or an inappropriate manner will be required to immediately leave the premises and may be reported to the NSRA and/or the Police.

The Firearms Act (as amended):

Section 21. Possession of firearms by persons previously convicted of crime

A person who has been sentenced [F1 to custody for life or] to preventive detention, or to imprisonment or to corrective training for a term of three years or more [F1 or to youth custody [F2 or detention in a young offender institution] for such a term], or who has been sentenced be detained for such a term in a young offenders institution in Scotland, shall not at any time have a firearm or ammunition in his possession.

A person who has been sentenced . . . F3 to imprisonment for a term of three months or more but less than three years [F4 or to youth custody [F5 or detention in a young offender institution] for such a term], or who has been sentenced to be detained for such a term in a detention centre or in a young offenders institution in Scotland [F6 or who has been subject to a secure training order [F7 or a detention and training order]], shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.

[F8 (2A) For the purposes of subsection (2) above, “the date of his release” means—

(a)in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;

(b )in the case of a person who has been subject to a secure training order—
(i) the date on which he is released from detention under the order;
(ii )the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or
(iii )the date halfway through the total period specified by the court in making the order,
whichever is the later.]

[F9(c) in the case of a person who has been subject to a detention and training order—
(i)the date on which he is released from detention under the order;
(ii)the date on which he is released from detention ordered under [F10section 104 of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(iii)the date of the half-way point of the term of the order,
whichever is the later.]

[F11 (d) in the case of a person who has been subject to a sentence of imprisonment to which an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003 relates, the date of his final release.]

[F12 (2B) A person who is serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates shall not during anylicence period specified for the purposes of subsection (1)(b)(i) of that section have a firearm or ammunition in his possession.]

A person who—
(a) is the holder of a licence issued under section 53 of the M1 Children and Young Persons Act 1933 or section 57 of the M2 Children and Young Persons (Scotland) Act 1937 (which sections provide for the detention of children and young persons convicted of serious crime, but enable them to be discharged on licence by the Secretary of State); or

(b) is subject to a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm, or is subject to a [F13 community order] containing a requirement that he shall not possess, use or carry a firearm; or

(c) has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm;
shall not, at any time during which he holds the licence or is so subject or has been so ordained, have a firearm or ammunition in his possession.

[ F14 (3ZA) In subsection (3)(b) above, “community order” means—
(a)a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or

(b)a probation order made in Scotland.]
[F15 (3A) Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment];

It is an offence for a person to contravene any of the foregoing provisions of this section.

It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession.

A person prohibited under subsection (1), (2) [F16, (2B)] [F17 (3) or (3A)] of this section from having in his possession a firearm or ammunition may apply to [F18 the Crown Court] or, in Scotland, in accordance with Act of Sederunt to the sheriff for a removal of the prohibition; and if the application is granted that prohibition shall not then apply to him.

Schedule 3 to this Act shall have effect with respect to the courts with jurisdiction to entertain an application under this section and to the procedure appertaining thereto.

Annotations:
Amendments (Textual)
F1 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 24(a)
F2 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), Sch. 8 paras. 6, 16
F3 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(2), Sch. 8 para. 16, Sch. 16
F4 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 24(b)
F5 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 paras. 6, 16
F6 Words in s. 21(2) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 24(2)(a); S.I. 1998/277, art. 3(2)
F7 Words in s. 21(2) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 14(1); S.I. 1999/3426, art. 3(b)
F8 S. 21(2A) substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 24(2)(b); S.I. 1998/277, art. 3(2)
F9 S. 21(2A)(c) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 14(2); S.I. 1999/3426, art. 3(b)
F10 Words in s. 21(2A)(c)(ii) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 31
F11 S. 21(2A)(d) inserted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3). Sch. 32 para. 12(2); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F12 S. 21(2B) inserted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 12(3); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F13 Words in S. 21(3)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 12(4); S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2)
F14 S. 21(3ZA) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 12(5); S.I. 2005/950, art. 2(1) (subject to art. 2(2), Sch. 2)
F15 S. 21(3A) inserted by Criminal Justice Act 1972 (c. 71), ss. 29, 66(7)(a)
F16 Words in s. 21(6) substituted (26.1.2004 for certain purposes and 4.4.2005 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3). Sch. 32 para. 12(6); S.I. 2003/3282, art. 2, Sch.; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)
F17 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 29, 66(7)(a)
F18 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. II
Marginal Citations
M1 1933 c. 12.
M2 1937 c. 37.

From the Crown Prosecution Service regarding Section 21 Prohibition:

 

Prosecutors should check to see if a defendant commits an offence under section 21 Firearms Act 1968 whenever a firearm or ammunition is involved. A person commits such an offence if:

  • He has possession, of any class of Firearm (except imitations and deactivated weapons), or any ammunition, including shot gun and air weapon ammunition. From 14 July 2014, prohibited persons will commit an offence if they are in possession of antique firearm, irrespective of whether it is possessed as a curiosity or an ornament.
  • At the time of possession has been previously convicted of any offence and was sentenced to a term of imprisonment (including detention in a Youth Offender Institute (YOI) and Detention and Training Order (DTO). 
  • If the sentence was 3 years or more the prohibition is for life. 
  • If between 3 months and 3 years and is in possession within 5 years of release. 
  • This section does not apply to those sentenced to a Hospital Order.
  • (From 14 July 2014) a person who is sentenced to a period of imprisonment of 3 months or more whose sentence is suspended is prohibited for a period of 5 years commencing on the second day after the sentence was imposed. (Persons in possession of a firearm on a certificate on 14 July 2014 are entitled to continue to hold the firearm until the period of the certificate expires)
  • The release papers include an acknowledgement of this requirement. This offence should attract a consecutive sentence, although in practice it is usually concurrent and treated as an aggravating feature of the other offence. A memorandum of conviction or certificate of conviction and a signed copy of the release form should be obtained.

Are air weapons firearms?

“Firearm” means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes any prohibited weapon.

All air weapons capable of lethality are caught by the definition of “firearm” and fall into the following three categories:

• Air weapons as defined in Section 1(3)(b) of the 1968 Firearms Act (capable of lethality but not subject to certification); e.g. certain air weapons not declared to be specially dangerous or prohibited i.e. kinetic energy remains below 6 ft lbs for pistols and for any other weapon 12 ft lbs. 

• Those declared to be specially dangerous by the Secretary of State and require a firearm certificate; e.g. Section 1 firearms i.e. air rifles or airguns that exceed 12 ft lbs in muzzle energy or those that operate using other gasses than air or CO2.

• Prohibited weapons (Section 5) requiring the Secretary of State’s authority to possess them; e.g. high energy short firearms (e.g. air pistols) that exhibit over 6 ft lb kinetic energy, those specifically prohibited such as disguised air weapons (air canes), and those that incorporate the self-contained air cartridge system.

The test for whether or not something is a firearm is firstly whether it is a weapon with a barrel and secondly whether it is lethal. Lethality is a complex issue and only a court can decide whether any particular weapon is capable of causing a (potentially) lethal injury and therefore is a “firearm” for the purposes of the Acts. It is widely accepted that guns discharging shot, bullets or other missiles in excess of 1 joule (0.74 ft lbs) kinetic energy (often referred to as muzzle energy) are capable of lethality and as such caught under the term "firearm". In a court case, each case would be taken on its merits and tests conducted with the firearm in question.