Part 6: Firearms and pyrotechnic articles Section 128: Controls on defectively deactivated weapons
Section 8 of the Firearms (Amendment) Act 1988 provides that a firearm is presumed to have been rendered incapable of discharging any shot bullet or other missile, and is no longer considered to be a firearm if it bears a mark made by either of the Proof Houses and which has been approved by the Secretary of State for the purpose of denoting that it has been so rendered, and one of the two Proof Houses7 have certified in writing that the work done to deactivate the firearm has been to a standard approved by the Secretary of State.
	The current law does not however establish a legal requirement that, in order for a weapon to be considered deactivated as a matter of law, it must be certified as being deactivated to an approved standard. This means there is no legal obligation to comply with the approved Home Office standards.
	This section inserts new section 8A into the Firearms (Amendment) Act 1988 to give effect to new deactivation standards, which deactivated firearms must meet if they are offered for sale or gift or actually sold, gifted or otherwise transferred and provides for a new offence for those who sell or gift, or offer to sell or gift, "defectively deactivated" firearms. This will prohibit the transfer of ownership of firearms that purport to be deactivated but do not comply with the applicable technical specifications for deactivation. It will not prohibit the temporary hiring of such weapons for the purposes of film, television or theatre productions.
	New section 8A(1)(a) and (b) define the conditions which must be met to engage the new offence, namely when a defectively deactivated weapon is placed on the market or made available as a gift to another person, or, when it is actually sold or made as a gift to another person.
	The new deactivation standard does not apply to a firearm deactivated to previous standards unless it is offered for sale or gift or actually sold, gifted or otherwise transferred.
	New section 8A(2) provides for an exemption from the offence if a defectively deactivated weapon is offered for sale or gift otherwise offered for transfer to persons in places outside of the EU.
	New section 8A(3) provides for the exemption for the offence in circumstances where a defectively deactivated weapon is actually sold or otherwise transferred to persons and places outside of the EU. In both cases, this is reflective of the fact that the technical specifications which deactivated firearms must meet are encoded in EU Regulation 2015/2403 which has effect across all Member States.
	New section 8A(4) provides the definition of a "defectively deactivated weapon" and does so by reference to the conditions which such a weapon must satisfy in order for it to be considered as "defectively deactivated". A defectively deactivated weapon must have at one time been an actual firearm which has been subject to a technical procedure to render it incapable of firing live ammunition, but nonetheless, does not meet the specifications set out in the new technical standards established by new section 8A(5).
	These conditions distinguish a defectively deactivated weapon from other categories of weapons or imitation weapons resembling firearms which are incapable of firing live ammunition, such as realistic imitation firearms or blank firing firearms, or a deactivated firearm which has been deactivated to the required technical standards established by this new section. This provides clarity for the prosecution of this new offence.
	New section 8A(5) provides for the Secretary of State to publish a document which sets out the technical specifications for the deactivation of a firearm.
	New section 8A(6) provides that the specifications for the deactivation of a firearm may vary for different types of weapon.
	New section 8A(7) provides for the Secretary of State to amend and publish new deactivation standards for firearms. The revised standards must specify a date from which the changes shall take effect.
	New section 8A(8) disapplies new section 8A(1)(a) and (b) in relation to the conditions of an offence of transfer, or advertising for sale or as a gift, of a firearm which has been deactivated to UK standards before 8 April 2016, where these activities are undertaken between museums which have been issued with a 'museum firearms licence' by the Home Office.
	New section 8A(9) provides that the meaning of the term 'sale' of a deactivated includes exchange or barter.
	New section 8A(10) defines 'museum firearms licence' as a licence granted under the Schedule to the Firearms (Amendment) Act 1988.
	The offence is triable either way, that is (in England and Wales) in a magistrates’ court or the Crown Court. New section 8A(11) sets out the maximum penalties for the offence. In England and Wales, until section 154(1) of the Criminal Justice Act 2003 comes into force, the maximum penalty on summary conviction will be six months’ imprisonment and/or a fine. After section 154(1) is commenced, the maximum penalty will be 12 months’ imprisonment and/or a fine. In Scotland the maximum penalty on summary conviction will be 12 months’ imprisonment and/or a fine of up to the statutory maximum. In both jurisdictions, the maximum penalty on conviction on indictment will be five years’ imprisonment and/or a fine.