Dunblane Massacre Resource Page
FIREARMS AND IMITATION FIREARMS (CRIMINAL USE)
An Act to impose penalties for the use, attempted
use and possession of firearms and imitation firearms in certain
cases, to amend certain provisions of the Larceny Act, 1916,
relating to offensive weapons or instruments, and for purposes
connected with the matters aforesaid.
[17th November 1933]
Be it enacted by the King's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows:-
- If any person makes or attempts to make any use
whatsoever of a firearm or imitation firearm with intent to resist
arrest or prevent the lawful apprehension or detention of himself
or any other person, he shall be guilty of an offence under this
section, and on conviction thereof on indictment shall be liable to
penal servitude for a term not exceeding fourteen years.
- Where any person commits an offence under this
section in respect of the lawful apprehension or detention of
himself for any other offence committed by him, he shall be liable
to the penalty provided by this section in addition to any penalty
to which he may be sentenced for that other offence.
- If any person, at the time of his committing or at
the time of his apprehension for, any offence to which this section
applies, has in his possession any firearm or imitation firearm, he
shall, unless he shows that he had it in his possession for a
lawful object, be guilty of an offence under this section, and on
conviction thereof on indictment shall be liable to penal servitude
for a term not exceeding seven years in addition to any penalty to
which he may be sentenced for the first-mentioned offence.
- This section applies to the offences specified in
the Schedule to this Act.
- If on the trial of an indictment for an offence
under section one of this Act the jury are not satisfied that the
defendant is gulity of that offence but are satisfied that he is
guilty of an offence under section two of this Act, the jury may
find the defendant guilty of the offence under the said section
two, and thereupon he shall be liable to be punished
- Where an adult within the meaning of section
twenty-four of the Criminal Justice Act, 1925, is charged before a
court of summary jurisdiction with an offence specified in the
Second Schedule to that Act, and is also charged before that court
with an offence under section one or section two of this Act, then,
notwithstanding anything in the said section twenty-four, the court
shall not have power to deal summarily with the first-mentioned
offence if the defendant is committed for trial in respect of the
offence under this Act.
- A firearm or imitation firearm shall,
notwithstanding that it is not loaded or is otherwise incapable of
discharging any shot, bullet or other missile, be deemed to be an
offensive weapon or instrument for the purpose of the following
- paragraph (a) of subsection (1) of section
twenty-three of the Larceny Act, 1916 (which deals with the offence
of robbing or assaulting with intent to rob when armed with any
offensive weapon or instrument); and
- paragraph (1) of section twenty-eight of the said
Act (which deals with the offence of being found at night armed
with any dangerous or offensive weapon or instrument with intent to
break or enter into any building and to commit any felony
- This Act may be cited as the Firearms and Imitation
Firearms (Criminal Use) Act, 1933.
- In this Act the expression "firearm" means any
lethal firearm or other weapon of any description from which any
shot, bullet or other missile can be discharged, and includes,
except for the purpose of the definition of the expression
"imitation firearm", a prohibited weapon as defined by section six
of the Firearms Act, 1920, and the expression "imitation firearm"
means anything which has the appearance of being a firearm whether
it is capable of discharging any shot, bullet or other missile or
- This Act shall not extend to Scotland or Northern
OFFENCES TO WHICH SECTION TWO APPLIES
Offences under the following sections of the Malicious Damage
Act, 1861, that is to say, sections one to twelve, sections
fourteen and fifteen, sections twenty-six to twenty-nine, sections
thirty-three to thirty-eight, and section fifty-four.
Offences under the following sections of the Offences Against
the Person Act, 1861, that is to say, sections twenty to
twenty-two, sections thirty, thirty-two, thirty-eight, forty-seven
and forty-eight, and sections fifty-three to fifty-six.
Offences under such of the provisions of section four of the
Vagrancy Act, 1824, as are referred to in, and amended by, section
fifteen of the Prevention of Crimes Act, 1871, and section seven of
the Penal Servitude Act, 1891.
Offences under the third and fourth paragraphs of section seven
of the Prevention of Crimes Act, 1871.
Offences under the following provisions of the Larceny Act,
1916, that is to say, sections two to four, sections twelve to
fifteen, sections twenty-four to twenty-seven, paragraphs (2), (3)
and (4) of section twenty-eight, and sections twenty-nine and
Offences under section twenty-eight of the Road Traffic Act,
Aiding or abetting the commission of any offence herebefore
specified in this Schedule; and attempting to commit any such
offence, other than an offence under section eight, section
twenty-seven or section thirty-eight of the Malicious Damage Act,
- Transcription by Norman Basset.