Part 6: Firearms and pyrotechnic articles Section 127: Possession of articles for conversion of imitation firearms
The law does not currently criminalise possession of equipment with the intention of using it to convert imitation firearms into live firearms. Currently a person does not commit an offence until they are in possession of an imitation firearm that is in fact readily convertible, without an appropriate certificate or authority.
	An imitation firearm is defined in section 57(4) of the 1968 Act as meaning any thing which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1)(b) of that Act) whether or not it is capable of discharging any shot, bullet or other missile.
	This section inserts new section 4A into the 1968 Act which provides for a new offence of being in possession of an article with the intention of using it to convert an imitation firearm into a firearm. The new offence, as set out in new section 4A(1), applies to any person other than a registered firearms dealer.
	A firearms dealer is defined at section 57(4) of the 1968 Act as a person who, by way of trade or business: manufactures, sells, transfers, repairs, tests or proves firearms or ammunition to which section 1 of this Act applies, or shotguns; or sells or transfers air weapons. Firearms dealers registered under section 33 of the 1968 Act are excluded from the offence because they are able to lawfully carry out conversions as part of their trade or business.
	New section 4A(1)(a) provides for the conduct (actus reus) element of the offence, namely that a person has in his or her possession an article, or an article is under his or her control, that is capable of being used to convert an imitation firearm into a live firearm, whether by itself or in conjunction with other articles. Such an article may, for example, be a machine tool. New section 4A(1)(b) sets out the mental (mens rea) element of the offence, namely that the person intends to use the article to convert an imitation firearm into a firearm. It follows that mere possession of such an article is not sufficient on its own to determine guilt.
	The offence is triable either way, that is (in England and Wales) in a magistrates’ court or the Crown Court. New section 4A(2) 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 £10,000. In both jurisdictions, the maximum penalty on conviction on indictment will be five years’ imprisonment and/or a fine.