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SUMMARY Preamble We have repeatedly been encouraged to believe that this review process presents an opportunity to think radically about firearms legislation and the contribution it makes to reducing gun crime. Indeed the Home Office states clearly that ‘it is important that all opportunities for reducing such crimes are explored’. We were therefore disappointed to learn at the outset that reform of the law on imitation guns and airguns would not be considered. It seems, after all, that the government has already made up its mind about what is going to happen, or at least what is not going to happen. Despite this we have decided that we will submit our response as if the government was genuinely open to ideas, willing to confront vested interests and to consider seriously how to control the weapons that are most responsible for the rise in gun crime. Context A review of firearms legislation is long overdue. Existing law is complicated and difficult to enforce. It is also out of date and does not reflect current dangers and global trends. Guns are an increasing global problem with an estimated 400,000 people killed by guns every year. Almost all guns start out legal. Almost all multiple gun murders in the last decade or so eg Dunblane, Hungerford, Erfurt, Zug, Port Arthur have been committed with legal guns. A substantial proportion of the increase in recorded gun crime in the UK is attributable to the misuse of imitations (including replicas and blank firers) and airguns. Gun manufacturers are always producing new weapons which are designed to circumvent current legislation. The simplest way to control the guns of the future is to base the law on lethality rather than on specific types of weapon eg shotgun and airgun. We recognise that legislation is not the only tool in the fight against gun violence. Community action is vital too. But our laws define the kind of society we wish to live in and we now have an opportunity to establish just what the role of guns in our society should be. Defining principles Public safety is of paramount importance. Tight control of guns is associated with low levels of gun violence. Guns should therefore be prohibited except where they are issued under licence. Gun ownership is a privilege and not a right. The interests of the few who shoot must be balanced against the public safety interests of the whole population. A responsible society should keep guns away from children. Countries cannot solve the problem of gun violence on their own. International agreement and co-operation is necessary. Basis of legislation – starting from scratch Therefore legislation must control guns that look as if they can kill or injure as well as those that can actually do so. Guns that can kill ie are lethal, should be controlled regardless of the missile they discharge eg shots, pellets, bullets. A clear quantitative definition of lethality is required in law eg 0.5 joules of muzzle energy. There should be 4 categories of guns
A single system of licensing should apply. Applicants should be able to demonstrate ‘fitness’ and show ‘good reason’ for each and every gun they possess or use. High standards of storage and transport should apply. The sale of licensed guns, ammunition and component parts should be only through a Registered Gun Dealer and not by any other means eg mail order, internet or private sale.Simple age limits should apply to the use, possession and ownership of all lethal guns.
A Gun Safety Consultative Committee should be established to advise the Home Office on all matters relating to public safety and gun violence including crime, accident and suicide. The body should represent the police and other government agencies, the courts, the medical profession, community, youth, gun control and victims groups, and the shooters. UK citizens and government agencies, including those operating extraterritorially, should be required to apply for a licence to export, broker or transport abroad any weapons controlled by UK law.
As a specific and urgent reform GCN proposes the following: Given that imitation guns are responsible for a high percentage of armed crime, we propose damage limitation legislation to ban their sale, import and manufacture using the same definition as appears in the new Anti Social Behaviour Act 2003. This means that it will still be legal to possess an imitation but illegal to have one in a public place or to sell, import or manufacture one. The government’s resistance to this proposal is irrational and based on a wholly fallacious argument about definition. ****** RESPONSE TO THE SPECIFIC ISSUES RAISED IN THE CONSULTATION PAPER PART 1: FIREARMS Main points
Classification Guns should be classified on the basis of their potential to cause fear or injury not on their mechanism or missile. We propose 4 categories of guns
Licensed - lethal weapons issued under licence eg shotguns, rifles and some airguns. Imitation – anything which resembles a lethal weapon regardless of its function, including replicas and blank firers. These should remain unlicensed but with controls on public possession, sale, import, manufacture. Deactivated – real weapons that are no longer able to fire live ammunition. These should remain prohibited or licensed after deactivation. Prohibition and Licensing The starting point for gun legislation should be that all lethal guns are prohibited. The most dangerous of these will remain prohibited eg handguns, multishot and high calibre weapons. This category will be reviewed on a regular basis by a suitably constituted Gun Safety Advisory Committee. Individuals may apply for a licence to own a lethal weapon for a specific purpose eg target shooting, clay pigeon shooting. We propose a single rigorous licensing process similar to the current Section 1 firearms licence which would cover:
all lethal airguns permitted deactivated guns Deactivated guns must be included in the licensing process because of their potential to cause fear and be reactivated. The value of this approach is to ensure that the ownership of every single permitted lethal weapon is justified. Shotguns and airguns are often the weapons used in domestic disputes, sometimes with lethal consequences. There is no good reason to exclude them from a rigorous, uniform licensing procedure. The licensing process should be determined on the basis of public safety not the convenience of shooters. Lethality We believe categorisation on the basis of lethality would allow the law to cover new weapons resulting from developments in firearms technology. The figure of 1 joule has been put forward as the muzzle energy required to penetrate the skin and therefore to kill. Just as an engineer is required to build in a big margin of safety when calculating the strength of a bridge, so do we propose a figure significantly less than 1 joule on grounds of safety. Our suggestion is that a figure of 0.5 joules is adopted as the measure of lethality unless and until evidence is produced that it should be otherwise. Component parts Component parts of all guns should be regulated so as to ensure that no lethal weapon can be assembled through the legal purchase of such parts. Responsibility for issuing certificates should remain with the police for whom public safety is paramount. Certificates should be renewed every two years to ensure that changes in personal circumstances are taken into account as quickly as possible. Appropriate funding should be put in place to allow this to happen. Additional administrative costs are negligible when compared to the huge social and economic costs of gun related violence. Prevention is not only better than cure – it’s cheaper.
PART 2: UNLICENSED GUNS Unlicensed guns are an increasing menace and are responsible for a large proportion of firearms crime in the UK. Unless further controls are introduced this trend will continue at great cost to the public. It is the government’s prime duty to take whatever measures are necessary to ensure that people feel and are safe and secure. The proliferation of imitation guns and airguns greatly undermines that sense of safety and security, and legislation is required urgently to control the availability of these weapons. Imitations We do not agree that there should be no changes to the licensing and restriction on sales of imitations. If the government genuinely wishes to reduce gun crime and the fear of it then it must address the problem of imitations. The measures taken in recent months to control the possession in public of these weapons are insufficient and do not deal with the real problem – their ready and unrestricted availability. Imitations are perfectly well defined in the 1968 Firearms Act and in the 2003 Anti Social Behaviour Act so definition cannot be a problem. We are at a loss to understand why the government is dragging its heels on further measures to control the proliferation of these weapons, which have become the scourge of our streets. We propose:
all lethal airguns should be licensed ( see above) the law should define lethality eg 0.5 joules (see above) the term ‘firearm’ becomes redundant when guns are defined on the basis of their potential to do harm. the term ‘ readily convertible’ as applied to imitation guns is irrelevant since they can be used to cause fear regardless of their convertibility. deactivated guns should be prohibited or licensed (see above) ie treated exactly as if they had not been deactivated.
PART 3: YOUNG PEOPLE AND GUNS In principle, a responsible society should keep guns away from children. International comparisons show that gun violence is closely correlated to gun availability – legal and illegal. Societies with fewer guns are, and feel, safer than those where guns proliferate. Therefore the introduction of guns to children and young people should be actively discouraged. Age limits We propose simple age limits which would apply to the use, possession and ownership of all lethal guns:
· 16 –18 year olds should be able to have supervised use of lethal guns · over 18 year olds should be able to apply for a licence to own a lethal gun and to use it unsupervised. PART 4: TRADE Registered Gun Dealers The sale of licensed guns, ammunition and component parts should be only through a Registered Gun Dealer. This would ensure that all the proper checks are made. We consider that all other means of purchase are inadequately controlled and are likely to be abused. Particular attention should be paid to stopping acquisition through the internet as this is likely to be increasingly attractive to some ‘would-be’ gun purchasers. Newspaper and telephone sales, and mail order deliveries are all open to abuse and should be prohibited. Gun shops should not be allowed openly to display what they are selling. It is to be hoped that this would deter young people from treating guns as simply another consumer product. Guns on open display cause alarm to members of the public and reinforce a sense of insecurity. PART 5: AMMUNITION Shotgun cartridges and primers should all be controlled on certificates. The quantities of ammunition and all component parts purchased should be justified in relation to the specified use of the relevant gun. This would not affect the shooters’ ability to undertake their sport but it would ensure that stocks of ammunition cannot be accumulated. Expanding ammunition is more likely to cause death and severe trauma and should therefore be banned except for the humane dispatch of animals. We believe that there is no justification for a relaxation of the ban and that it should therefore remain in place. PART 6: OTHER ISSUES Miniature rifle ranges In framing new legislation it is important that historical anomalies are identified and eliminated. Miniature rifle ranges are one such anomaly. The exemption which allows uncontrolled possession, purchase or acquisition of lethal guns to people operating in fairgrounds and travelling shows is an unnecessary and dangerous loophole. We propose that new legislation should remove this exemption. Borrowing of guns With regard to the exemptions which allow those without licences to borrow guns on private premises, we propose that the legislation ensures appropriate supervision and that the age limits set out above be applied. Exemptions should not apply to anyone who has had a certificate refused or revoked. We see no need for differential provisions for shotguns and rifles. Theatrical and film productions With regard to theatrical and film productions we propose that the exemption, which allows individuals to possess firearms without a certificate, should be removed. This means that a member of the production team should be in possession of a licence and should act in the capacity of supervisor. To eliminate the need for a real gun, producers may purchase an imitation weapon via a Registered Gun Dealer. We propose this as an exemption to the general ban on the sale etc of imitation guns. Group exemptions We see no need or justification for exemptions of any group. Exemptions which allow specified groups of people eg auctioneers, carriers, warehousemen to possess guns without a certificate are, in our view, not necessary or justified. Where there are special circumstances eg foreign troops or police, the Secretary of State has the necessary powers to allow exemptions. Target shooting In respect of target shooting clubs we are aware that controls are applied inconsistently across the country. Too often we hear of slack procedures and dangerous practice. While the criteria set out for Home Office approved clubs may be extensive there is a need for more rigorous monitoring by the police. To ensure the highest safety standards we propose that target shooting should only be allowed at Home Office approved clubs. Practical Shooting In respect of Practical (or Combat) Shooting, we propose that realistic sets or stages are not allowed and that targets are only of the standard circular design ie not humanoid. Appeals process The current appeals process against licensing decisions is appropriate and should not be changed. Any suggestion that appeals should be taken out of the hands of local courts and heard instead by special Shooting Appeals Tribunals, consisting of police and shooters, should be resisted. The courts remain the guardians of peace and justice in the community and as such are the proper place for licensing appeals to be heard. British Visitors Permits In respect of British Visitors Permits, the police should be able to issue licences to visitors from overseas on the same basis as they issue licences to UK residents. Gun Safety Advisory Committee We propose that a Gun Safety Advisory Committee should be established to advise the Home Office on all matters relating to public safety and gun violence including crime, accident and suicide. The body should be composed of representatives of the police and other security agencies, the courts, medical profession, community, youth, gun control, domestic violence and victims’ groups, and the shooters. Efforts should be made to ensure that the Committee is representative in terms of gender, age, region and race. A technical sub committee may be established to advise the Committee on technical matters. On a local level we believe that Firearms Liaison Committees should be made more representative of the local community. Currently they consist of shooters, dealers and the police. International Gun Trade Although this consultation document is produced by the Home Office the issue of guns in the UK cannot be considered in isolation from the problems in the rest of the world. UK domestic legislation must enhance and reinforce the UK government’s international commitments on firearms and small arms issues, including the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects, the UN Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition. There are approximately 640 million guns in circulation – one for every ten people. Around 8 million new guns are made every year, but only a tiny proportion of that number are destroyed. Almost all guns start out legal, most of them being sold and resold to state security agencies. Huge numbers end up in poor countries where they slip into the civilian population and fuel high levels of gun violence. Some of these are illegally imported back into the UK where they end up on British streets taking British lives. Guns are a global scourge, and the UK government has a responsibility to push for tough controls. Without an international Arms Trade Treaty guns will continue to move unregulated around world markets, killing and injuring civilians and disfiguring communities wherever they go.
1. GENERAL POSITION OF THE GUN CONTROL NETWORK 1.1 The Gun Control Network (GCN) proposals outlined in this document are predicated on the belief that the interests of public safety demand a reduction in the availability and attractiveness of firearms of all kinds. There is a well established correlation between gun violence and the availability of guns, both legal and illegal. The more guns there are in a society the more they will be used and abused. Moreover, the distinction between legal and illegal weapons is not clear cut. It should not be forgotten that virtually all guns start out as legal weapons, and that victims are unable to discriminate between a bullet fired from a legal or an illegal gun. Policy must be based on the strict control of availability of all weapons. What is needed is legislation and law enforcement. 1.2 GCN recognises the existence of a significant, through minority, interest in shooting for sport, and our proposals are aimed at striking an appropriate balance between the sport-shooting interest and the overriding interest of public safety. The social and economic consequences of gun violence in any society are hard to estimate in full, but they are real costs. 1.3 Where differences in gun law exist between Northern Ireland and the rest of the UK, we believe that harmonisation should always result in tighter controls and never in a relaxation of the law. 2. AIRGUNS AND LETHALITY GCN proposes the adoption of licensing requirements for al airguns not deemed to be toys. 2.1 In GCN's submission to the Home Affairs Committee in 1999, we set out our concerns about the injuries caused to those who have been targeted by young people using air weapons. We were also aware of the public unease about the frequent targeting of animals with air weapons and the significant damage to property caused by their use. In Annex I we list a number of recent incidents that illustrate the dangers posed by these weapons. Further examples may be found in Annex II of our evidence to the Home Affairs Committee in 1999. 2.2 Too often air guns are regarded as toys, not only by the young people who use them but also by some of their parents. As a result their potential to cause harm is disregarded. In 1999 we proposed an extension of the existing licensing system in Great Britain to include air weapons and a minimum age limit of 18 being placed on their use. This would reduce the prevalence of these weapons, make sure they are only handled by those mature enough to use them and signal that they can be a danger to the public. 2.3 Air weaponry is becoming more sophisticated. Many guns bear a close resemblance to handguns, others can be converted to fire live ammunition. Brocock air cartridge pistols have become a particular concern, one that the Prime Minister raised immediately after the recent shootings in Erfurt, Germany.[ 1] These can be bought over the counter in Great Britain. A number have been converted and used in "gangster-style" killings. These are definitely not play things.2.4 The Home Affairs Committee proposed that air weapons should be licensed in England and Wales. GCN agreed with this proposal but the government did not support it. 2.5 It is the view of GCN that licensing should apply, at least, to all weapons that are capable of lethal injury, and preferably to all weapons not defined as toys. In its eleventh Annual Report, the Firearms Consultative Committee recommended that any weapon with a muzzle energy of more than one joule should be regarded as a firearm and licensed as such. If this was introduced elsewhere in the UK it would still be the case that Northern Ireland would have tighter controls on airguns than England, Wales and Scotland. In our view, Northern Ireland would be well advised to capitalise on existing tight regulation of air guns and licence all weapons that are not defined as toys. Toy guns are defined by European Standard as "projectile toys with stored energy" of 0.08 Joules. 2.6 In our view deregulation in Northern Ireland would be a retrograde step. It would lead to an increase in the availability of air weapons, which would in turn undermine public safety. In view of the widespread misuse of airguns by young people we also urge that there is no relaxation of the age limit for airguns or any other type of firearm. 3. HANDGUNS GCN proposed the adoption in Northern Ireland of the handgun ban existing in the rest of the UK 3.1 The case for the banning of handguns was widely discussed during the period following the Dunblane massacre in March 1996. The case was accepted by the government, and the two Firearms (Amendment) 1997 Acts resulted in a complete ban on the civilian ownership of handguns in Great Britain. Civilian ownership of handguns is particularly dangerous because these weapons are easy concealable, high-powered and can be used to fire multiple shots rapidly. Their availability to civilians significantly increases the possibility of their misuse. In this context it is worth noting that in almost all the multiple killings in recent years and certainly those in Erfurt, Zug, Nanterre, Dunblane, Atlanta, Montreal and Hungerford, the killers were all previously law abiding men using legal weapons. 3.2 GCN sees no justification for the continued ownership of these dangerous weapons for the purposes of sports shooting. In this case harmonisation of the law should involve the adoption by Northern Ireland of the prohibition of handguns. 3.3 GCN understands the need for special measures for the protection of vulnerable individuals, but draws the Committee's attention to the evidence from the United States indicating that the widespread use of handguns for personal protection does not result in a safer society. Most published research shows that increased gun availability (predominantly of handguns) increases the incidence of gun death, especially to the gun owner and those closest to him. The few studies that have reached an opposite conclusion are based on flawed research which has been given disproportionate publicity by shooting organisations. A detailed analysis of the relevant data is provided by Sugarmann[ 2].3.4 GCN believes that there is no evidence from the published statistics from Great Britain that the handgun ban has not worked. At the time of Dunblane it was claimed by shooters that pistol shooting was the fastest growing sport in the UK. Without the ban we would have expected to see handgun ownership rising quickly, possibly even to the levels experienced in the US. Along with such increases in legal weapons we would have expected to see a high rise in gun violence and a progressively higher proportion of violent crime being committed with guns. At present, the rate of gun crime as a proportion of violent crime remains static and low—around 4.7 per cent in the UK compared with around 80 per cent in the US. 3.5 Short term fluctuations in gun crime figures have been seized upon by shooters wishing to show that the handgun ban hasn't worked. It seems clear that there has been a recent rash of drug and gang related gun crime in English inner city areas but there is no evidence of a significant underlying trend. The figures from Scotland are unaffected by such short term fluctuations and may therefore be of most relevance to the situation in Northern Ireland. The most recent data (for the year 2000) show that offences involving handguns were at their lowest since 1995, that injuries caused by handguns were lower than at any time since 1992 and that only one homicide was committed with a handgun in Scotland in 2000[ 3].4. IMITATIONS GCN proposes a ban on the sale, manufacture and import of imitation guns and their possession in a public place. 4.1 Imitation weapons have the appearance of lethal guns but are not sold as such. They may fire caps or ball bearings or pellets or nothing at all. Some are manufactured under licence from the makers of real handguns e.g. Colt, Smith and Wesson etc. They bear identical logos and are intended to look and feel exactly like the real thing. They are available without licence and sold in market stalls, camping and toy shops, over the internet and by mail order. 4.2 The police in England and Wales give varying estimates of the proportion of gun crime that is committed with imitation weapons. Although these figures range from 50 per cent-80 per cent there is agreement that the quantity of imitations in circulation is rising. This is borne out by recent research showing that the market in imitations grew by over 50 per cent between 1997-99.[ 4]4.3 Police and victims alike react to imitation weapons as if they are the real thing. They can be used to bully, intimidate and rob victims in streets and playgrounds across the country. They contribute to a sense of insecurity and there is a danger that they may be fuelling a growing gun culture. 4.4 Police Armed Response Units are sent to hundreds of incidents involving imitation weapons every year. The cost of this is significant and the danger to the perpetrator cannot be overestimated. 4.5 Many other countries including Australia, Japan, Malaysia, Netherlands, Sweden, France and parts of the USA have laws to control these weapons. 4.6 The number of such weapons in circulation is now so great that it is impractical to impose a ban on their private possession; what is necessary is a damage limitation exercise. 4.7 A perfectly workable definition of an imitation firearm is contained in the 1968 Firearms Act. This would include the easily convertible Brocock air pistol and any other gun that looks like a lethal weapon but is not registerable. The courts are well able to judge whether something is an imitation as defined in the 1968 Act and no further definition is necessary. GCN's lawyers have drawn up simple legislation to ban the sale, import and manufacture of imitation guns and their possession in a public place. (see Appendix 2) 5. GUNS AND CHILDREN GCN proposes a minimum age limit of 18 for ownership, possession and use of guns of all kinds. 5.1 Children who are introduced to firearms at an early age are more likely than others to become committed firearms owners and users in later life. From a public safety perspective, however, it is clearly desirable to reduce the overall numbers of firearms owners and the number of firearms in private hands. This objective in itself argues for the creation of an age limit, keeping children away from guns until they reach the age of majority. 5.2 The argument that introducing children to the use of firearms is a contribution to public safety—either on grounds on self-defence or on grounds of training children in the responsible use of firearms—is specious, articulated only in the interests of legitimising the spread of firearms ownership in civil society. 5.3 Independent research i.e. that which is not funded by shooting organisations consistently supports the direct link between gun availability and gun death. The most recent confirmation of this connection was an American study by the Harvard School of Public Health published in The Journal of Trauma in March 2002. 5.4 The study showed that children living in the five states with the highest levels of gun ownership were 16 times more likely to die from accidental gun injury, seven times more likely to die from gun suicide and three times more likely to die from gun murder than children in the five states with the lowest levels of gun ownership. 5.5 There is clear evidence internationally that the increased prevalence of firearms in private hands is in itself the most important factor in their increased use in violent crime, suicide and accident. 5.6 As an organised society, we remain committed to the age of 18 as the age of majority, determining whether people can lawfully buy alcohol, vote or enter into a mortgage. It seems only consistent that a similar restriction should be applied to the purchase and use of highly dangerous weapons. 12 May 2002 1 Scotland on Sunday 28 April, 2002. 2 Sugarmann, J. 1999. Every Handgun is Aimed at You. The New Press, New York. Back Back4 Taylor and Hornsby 1999 Durham University, Replica firearms-a new frontier in the gun market.
Annex 1 DAILY RECORD 1 May 2002 The newspaper reported an incident in which a 17 year old pupil at Fettes College pulled an airgun from his bag and blasted a fellow pupil in the chest in front of other pupils after a playground feud. The shooting was not reported to the police. A school spokesman confirmed that an incident had taken place and that one pupil was suspended for two weeks. DAILY TELEGRAPH 30 April When a group of 14 year old boys were firing a .22 air rifle at targets at the home of one of the boys on Teesside, the boy aimed at his friend Matthew Sheffield. A pellet lodged in Matthew's brain and he died the following day. The boy is on trial for manslaughter at Teesside Crown Court. SCOTSMAN 15 April 2002 Three football players were hit by pellets fired from an airgun during a match between Shotts Bon Accord and Blantyre Victoria at the Castle Park ground in Blantyre, South Lanarkshire. The police believe that the shots may have been fired from a wooded area close to the ground. TIMES 5 January 2002 A 14 year old girl was at risk of being shot by police as she waved a gun in the air outside an Edinburgh shopping mall in a late night incident. The weapon was a silver handled air pistol. JOURNAL (NEWCASTLE) 30 November 2001 Daniel Lumsden, 18, appeared before Gateshead Magistrates Court charged with the airgun shooting of 15-year-old Nicola Diston. The attack blinded Nicola in one eye. SCOTSMAN 10 November 2001 Nicholas Griffith, 19, was jailed for nine months after aiming a gun in the face of a government minister's secretary in Fulham, London. The weapon was a silver pellet gun. LENNOX HERALD 25 October 2001 A 15 year old appeared at Dumbarton Sheriff Court after he discharged an imitation gun at a householder whilst attempting to steal a motorbike in Alexandria, Dumbartonshire. RIPLEY & HEANOR NEWS 20 September 2001 15 year old Darren Harrison underwent emergency surgery on his stomach after being shot while walking on a public footpath. Surgeons were unable to remove the airgun pellet which wounded him. The police found evidence of target practice taking place on the path which runs between a wood and open fields. DERBY EVENING TELEGRAPH 28 August 2001 Two young swans have been left with serious head injuries after being shot.... An RSPCA Inspector said "Two people appear to have gone and deliberately used these swans as target practice with no regard to the suffering they must have gone through". GUARDIAN 5 June 2001 Ben Ellams, aged nine, from Widnes was shot in the head with an air pistol. Annex 2 Proposed Legislation to Control the Possession, Sale, Manufacture and Import of Imitation Firearms 1. AIM The aim of this proposed legislation is: (i) to prohibit the sale, manufacture and import, without lawful object or reasonable excuse, of things which look like real lethal firearms and which are currently subject to minimal restrictions; and (ii) to prohibit the possession in a public place, without lawful object or reasonable excuse, of things which look like real lethal firearms, with the onus being on the defendant to prove lawful object or reasonable excuse. It is not the purpose of the proposed legislation to prohibit the sale, manufacture, import and possession in a public place of all toy guns, paintball guns, starting pistols, air weapons and soft air weapons unless they look like real lethal firearms. 2. DEFINITIONS (i) Imitation Firearm "Imitation Firearm" is widely defined in section 57 of the 1968 Firearms Act as "any thing which has the appearance of being a firearm. . . whether or not it is capable of discharging any shot, bullet or other missile." This means that any object which looks like a lethal barrelled weapon is defined as an imitation firearm. The courts have the responsibility for deciding whether a particular object should be regarded as an "imitation firearm". (ii) Lawful object or reasonable excuse This phrase or similar phrases are employed in similar legislation e.g. Prevention of Crime Act 1953, and section 17 and 19 of the 1968 Act itself. It is deliberately not defined although it has been the subject of case law (see Bryan v Mott 62 CAR 71 and R v Jones 1995 1 CAR 262.) There is no reason why it should be defined in respect of imitation firearms. (iii) Specific exemptions The Firearms Act 1968 provides for the issue of police permits and also provides specific exemptions for certain categories of person and use (see sections 7-13). There is no objection in principle to those sections being extended by amendment to imitation firearms (although this may well be unnecessary as possession in these circumstances would manifestly fall within the statutory exception provided by "lawful object or reasonable excuse"). (iv) The "chair leg in a sack" The purpose of the amendment is to prohibit the sale, possession etc in itself and without any other criminal intent. In other words an object which is not an imitation firearm cannot become an imitation firearm simply by reason of it use. The "chair leg in a sack" remains precisely that and the appropriate criminal sanction is the Prevention of Crime Act 1953. This is the effect of all existing case law. 3. THE PROPOSED LEGISLATION Firearms (Amendment) Act 2001 An Act to amend the Firearms Act 1968 to make further provision for regulating the possession of and transactions relating to firearms and ammunition. 1. Section 5 of the Firearms Act 1968 shall have effect with the following amendment: 2. After subsection (1A) there shall be inserted the following subsection: "(1B) A person commits an offence if, without lawful object or reasonable excuse or the permission of the Secretary of State, he has in his possession in any public place or purchases or acquires or imports into the United Kingdom or manufactures, sells or transfers any imitation firearm." 10 April 2001
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