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Home Office Guidance
One of the key aims of the DWA was to work with the Home Office and other firearm-related organisations to clarify the law with regard to deactivated firearms in the UK. We are pleased to be able to share with both our trade members and those who have an interest in deactivated firearms the following statement from the Head of Firearms at the Home Office. In particular, the statement is clear in its reference to the status of non-UK deactivated/Proof House inspected firearms. Here is the Home Office statement:
As your members will be aware, section 8 of the Firearms (Amendment) Act 1988 determines that a firearm shall be deemed to be deactivated when the necessary work is carried out in accordance with the standards set by the Secretary of State and the firearm is marked and certified by one of the two UK Proof Houses (London or Birmingham). In these circumstances it ceases to be regarded as a firearm, unless the contrary is shown, and is no longer subject to certification. The definition of a ‘firearm’ is set out in section 57 of the Firearms Act 1968 (as amended) and I would emphasise that it covers any component part of a lethal or prohibited weapon.
Firearms deactivated outside the UK do not conform to the UK standard of deactivation. The notice to importers No 2864 (point 34) issued by the Department for Business, Innovation and Skills stipulates that an import licence is not required to import a firearm if it has been both stamped and has a certificate of deactivation issued by a UK Proof House. This is the only acceptable proof of deactivation. Any marks made by other authorities or documentation supplied by them cannot be taken as evidence that a firearm has been rendered incapable of discharging any shot, bullet or other missile, and has consequently ceased to be a firearm within the meaning of the UK Firearms Acts.
There can be no guarantee in these circumstances that a person selling or possessing such a gun without the necessary certificate or section 5 authorisation would not be prosecuted. Furthermore, unless he complies with the evidential provisions of Section 8 of the 1988 Act, a seller leaves himself potentially exposed to subsequent action for supplying it illegally should a court at some later stage pronounce that it considers the item to be a firearm or a component thereof.
Finally, I would wish to point out that self-produced certificates are not acceptable as proof of deactivation in the UK. Such certificates may soon be banned throughout Europe if changes being proposed under the EU Weapons Directive are accepted.
Graham Widdecombe
Head of Firearms (Home Office)
Mon 19th January 2015
The DWA interprets the main points covered in the above statement as follows:
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Where a firearm is deactivated to UK specifications, inspected and certified by a UK Proof House it ceases to be regarded as a firearm and is no longer subject to control/firearms certification. This clear evidential proof of deactivation to agreed UK standards provides the only officially recognised 100% defence against prosecution.
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Firearms deactivated outside of the UK do not conform to UK specifications and any marks made by other authorities (including foreign proof houses) or documentation provided by them cannot be presented as evidence that the firearm has been deactivated (rendered incapable of discharging any shot, bullet or other missile). In this situation, there is no evidential proof that such items have ceased to be a firearm within the meaning of UK firearms law.
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Where an individual is importing, selling or purchasing an item that does not comply with the evidential requirements of Section 8 of the 1988 Act (i.e. UK Proof House inspected and certified) and is without the correct firearms authority (a Section 1 or 5 RFD), there is no guarantee that they will not be prosecuted for supply or ownership of an illegal firearm or component part of a firearm - now or at any time in the future.
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Any firearm as defined in '2' above or 'deactivated' in the UK using an alternative process may be non-compliant and open to prosecution.
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Certificates of 'Deactivation' produced by any person or organisation other than those approved by the Secretary of State (the two UK Proof Houses) are not acceptable as proof of deactivation. There are no exceptions.
DWA Members sell and buy only UK deactivated and certified firearms (as defined in '1' above). We would strongly advise that prior to purchasing any item deactivated to an alternative standard you consider very carefully the statement above and the points it makes with regard to these items.