Public consultation on the Arms Act rewrite

Closes 28 Feb 2025

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Theme 2: Products controlled by the Act

This section of the document seeks your views on how the Act:

  • defines what is and isn’t a firearm (including objects that have similar characteristics to firearms)
  • categorises firearms and associated products
  • controls products (who can use them, how they can be used)
  • enables firearms amnesty and buyback regimes.

Controls are important because when firearms are misused, the impacts can be serious and may involve the loss of human life.

Definition of a firearm

Products controlled in the Act include firearms, airguns, magazines, ammunition, parts, and restricted weapons. These products have specific definitions set out in the Act to support the Firearms Safety Authority (the FSA) and the Police to facilitate legitimate possession and use, while also enabling the Police to enforce the illegal use of firearms.

The Act defines a firearm as anything from which any shot, bullet, missile, or other projectile can be discharged by explosive force, and includes:

  • anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive
  • anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm
  • anything which is for the time being dismantled or partially dismantled
  • any specially dangerous airgun.

In general terms, a firearm discharges a projectile such as ammunition following a chemical reaction that causes an explosive force.  

Control of products based on risk

The Act controls a wide variety of products from low-risk items (e.g. stud guns which are used for welding) to high-risk items without an endorsement such as restricted weapons (e.g. pepper spray and stun guns) and semi-automatic firearms with large capacity magazines.

Firearms by their very nature can cause harm, including injury or loss of life. The risk of harm is increased when firearms are misused or handled irresponsibly. But not all products are the same. The level of potential harm differs depending on the characteristics of the product, such as its capacity to cause lethal harm (including firearms, magazines, and ammunition), and its concealability.

List of controlled products

The Act sets out different requirements for products depending on their risk profile. This sets out the basis for how registration, licensing, offences and penalties, and other laws should apply to the use of that product.

A table of all controlled products is provided in detail in Appendix 5 of the Arms Act rewrite discussion document.

Firearms amnesty and buy-back provisions

The Act provides for time-limited amnesty periods and buy-back schemes when changes are made to controls for a particular product that mean a licence holder can no longer legally possess or use some of their existing firearms.

An amnesty period allows firearms owners to surrender their newly prohibited or illegally possessed firearms or items such as magazines and parts to a government authorised body, for example the Police, without the risk of prosecution.

A buy-back scheme allows individuals to trade in their firearms to a government authorised body to receive compensation for the trade-in.

There are no provisions in the law for permanent amnesty, although a person may anonymously surrender items through a dealer (without compensation) or directly to Police. The Act provides the Police with discretion not to prosecute where the offence is considered to be of possession only and there is no public interest in prosecuting.