Commentary on Sections Part 2: Weapons etc. Section 40: Supplying imitation firearms to minors
252.This section makes it an offence to sell an imitation firearm to a person under the age of 18, or for a person under 18 to purchase one. The definition of “imitation firearm” for the purposes of this section is that used in the Firearms Act 1968, namely any thing which has the appearance of being a firearm whether or not it is capable of discharging any shot, bullet or other missile.
253.Subsection (1) inserts new section 24A into the Firearms Act 1968 which contains the new offences. In relation to the offence of selling an imitation firearm to someone under 18, it is a defence to show that the vendor believed that the purchaser was 18 or over and had reasonable grounds for that belief.
254.Subsection (2) makes the offences summary offences with a maximum penalty of 51 weeks imprisonment or a £5,000 fine, or both. Subsection (3) sets the maximum term of imprisonment to 6 months for offences committed before the commencement of the sentencing provisions in section 281(5) of the Criminal Justice Act 2003.