Firearms Bill
Friday 3rd March 2023
(1 year, 9 months ago)
Commons ChamberFirearms Act 2023 View all Firearms Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts
Simon Baynes (Clwyd South) (Con)
I beg to move, That the Bill be now read a Second time.
I am honoured to speak in the Second Reading of this private Member’s Bill on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who cannot be here today. The Bill seeks to strengthen further this country’s already robust firearms controls in two important but distinct ways: by introducing a new offence to combat the unlawful manufacture of ammunition by criminals; and by closing a loophole in firearms law so the operator of a miniature rifle range must first be granted a firearms certificate by the police.
The ammunition measure in the Bill helps the police tackle unlawful manufacture by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. It might be helpful if I briefly list and explain what the components are and how they go together to make a round of ammunition: the gunpowder, used to propel a projectile from a firearm; the primer, an explosive compound that ignites the gunpowder; the projectile or bullet; and the cartridge case.
Controls on primers are set out in the Violent Crime Reduction Act 2006. Section 35 makes it an offence to sell or purchase primers unless the purchaser is authorised to possess them, for example by being a registered firearms dealer or by holding a firearms certificate authorising them to possess a firearm or ammunition.
Controls on the possession of gunpowder are set out in the Explosives Regulations 2014. The regulations require that, with certain exceptions, anyone wanting to acquire or keep explosives must hold an explosives certificate issued by the police. The projectiles or bullets and the cartridge case are constructed of inert material. Those are not controlled, which can make the prosecution of certain cases by the police difficult. They may believe there is intent to produce ammunition unlawfully, but be unable to progress with certain criminal cases if the materials found are not controlled.
Assembly of ammunition requires various component parts to be used, including the restricted and unrestricted components. The new offence means that the police will be better able to prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. That will be a significant step forward in helping the police to tackle gun crime.
I turn now to the second firearms matter addressed in the Bill, the controls on miniature rifle ranges. It would be fair to say that the current exemption in law for such ranges is a lesser-known area of firearms law. None the less, it is extremely important that we improve the legislative regulation around miniature rifle ranges.
At present, section 11(4) of the Firearms Act 1968 allows a
“person conducting or carrying on a miniature rifle range…or shooting gallery”,
at which only miniature rifles and ammunition
“not exceeding .23 inch calibre”
or air weapons are used, to purchase, acquire or possess miniature rifles or ammunition without a firearms certificate. Additionally, a person can use those rifles and ammunition at such a range without a certificate.
Although the term “miniature rifle” is used in the legislation, the firearms it applies to are lethal guns and are otherwise subject to the requirement for the holder to apply for a firearms certificate in order to possess them. The existing exception in section 11(4) of the Firearms Act means that a person can purchase firearms and operate a miniature rifle range at which others can shoot without a certificate, and therefore without having undergone the usual stringent police checks on a person’s suitability or police assessment of how they will safely store and use the firearm.
The police raised concerns that the exemption is a loophole in firearms law, which is vulnerable to abuse by criminals or terrorists seeking to access firearms and side-stepping the usual robust checks carried out by the police. The miniature rifle range exemption has been in existence for many years and is used extensively by small-bore rifle clubs to introduce newcomers to sport shooting. It is used by some schools and colleges, by activity centres offering target shooting, at game fairs and in a number of other legitimate environments.
Many would be severely affected if the exemption were removed entirely, as they would no longer be able to enable newcomers to try out target shooting in a safe and controlled environment. In recognition of that, the Bill preserves the benefits that the miniature rifle range exemption offers, while bringing in the appropriate controls by making it a requirement that the operator must be granted a firearms certificate by the police, having undergone all the necessary checks on suitability, security and good reason.
The Bill also more tightly defines what may be considered as a miniature rifle by restricting them to .22 rimfire guns, which are lower-powered rifles. There is concern that the current definition in the legislation of
“not exceeding .23 inch calibre”
could allow the use of more powerful firearms, which would not be suitable for use on a miniature rifle range by an uncertificated person, even with the necessary supervision and safety measures in place.
The Government consulted on introducing these two measures in the firearm safety consultation, which ran from 24 November 2020 until 16 February 2021. I am glad to say that both proposals were supported by the majority of respondents: 62% agreed that it should be
“an offence to possess component parts of ammunition with intent to manufacture unauthorised quantities of complete rounds of ammunition”;
73% agreed
“that the operator of a miniature rifle range should be required to hold a firearms certificate”;
and 74% agreed with the proposal to define miniature rifles more tightly to mean less powerful firearms not exceeding .22 rimfire.
Several respondents to the consultation made the point that ranges or shooting galleries in which only lower-powered air weapons are used should not be affected. In other words, there should be no requirement for the operator of an air weapons-only range to hold a firearms certificate; the legislative change should apply only to the more powerful and dangerous rifles about which law enforcement has raised concerns. I can offer a reassurance that it is the more powerful and dangerous licensed firearms that are the focus of the Bill’s changes. It will not alter the position with respect to ranges or galleries that use only lower-powered air weapons, namely air rifles of no more than 12 ft lb and air pistols of no more than 6 ft lb. Air weapons are, however, subject to a licensing regime in Scotland; the Bill will not affect that regime in any way.
Greg Smith (Buckingham) (Con)
My hon. Friend is making a compelling case. I entirely support the Bill’s aims. Can he give a further reassurance that it seeks to close the loophole and ensure that people are properly checked before they can own and operate such ranges or weapons? In no way, shape or form does it seek to close down such ranges; it just puts better safeguards in place. Engaging in shooting sports and such activities is still fundamentally encouraged.
Simon Baynes
My hon. Friend perfectly sums up the Bill’s intent.
The Government response to the public consultation was published on 20 July 2022. It committed to taking measures forward on ammunition and miniature rifle ranges by making
“changes…to primary legislation…when Parliamentary time allows.”
The Bill is a consequence of that commitment to amend legislation to make our firearms laws even more robust, to tackle crime and to continue to improve public safety. I am grateful to the Minister and his officials for their help in preparing the Bill. It gives me great pleasure to commend it to the House.
Jonathan Gullis (Stoke-on-Trent North) (Con)
I am aware of time, so I will not go on for too long. I congratulate my hon. Friend the Member for Clwyd South (Simon Baynes) on moving the Bill’s Second Reading on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who is a fantastic champion in this House for his local community.
It all comes down to using more common sense, which is something that seems to be rife in Parliament on Fridays—we should probably try to inject a bit more from Mondays to Wednesdays. As my hon. Friend the Member for Buckingham (Greg Smith) pointed out, the Bill simply closes a loophole. It is not about being anti-shooting range or even anti-gun owner, as long as people are responsible, go through all the checks and follow all the safety requirements. There are many people across the country who follow the rules and should be commended for doing so. The Bill is designed purely to ensure that people who have gone through the checks have the right to continue owning such weapons if they so wish. It will ensure that those who wish to go to a firing range and enjoy sporting activities can do so in the safest possible environment.
Personally, I have never owned a weapon. Stoke-on-Trent North, Kidsgrove and Talke does not have a shooting range, as far as I am aware; if it does have one, it is definitely illegal.
Anyone who obeys and follows the law has nothing to fear from this legislation, which will simply enable our brave police officers to carry out these checks to make sure that licences are given out to appropriate individuals. We should all welcome that, and it is particularly important for the protection of under-18s. When I look at the violence with weapons in the United States of America, although there is a constitutional right to own weapons there and it is not for us to intervene in that, the situation is clearly out of control in some parts of that great nation. It is important that we learn from the terrible disasters that have occurred in that nation and make our country as safe as possible by ensuring that our police have all the weapons at their disposal in terms of legislation to protect the communities we live in. I support the Bill, and I look forward to seeing it pass its Second Reading today.
Jane Hunt (Loughborough) (Con)
I congratulate my hon. Friend the Member for Clwyd South (Simon Baynes) on taking on such a good Bill and my hon. Friend the Member for West Bromwich West (Shaun Bailey), who introduced it. The Bill deals with two aspects: miniature rifle ranges and the manufacture of ammunition. I will focus on miniature rifle ranges in my remarks.
There is an exemption in firearms law—section 11(4) of the Firearms Act 1968—that allows a person to run a rifle range or shooting gallery where only small calibre rifles or air weapons are used without the need for a firearms licence. Additionally, members of the public do not need a firearms licence to shoot at such a range or gallery. That exemption is widely used to introduce people to target shooting. Law enforcement has raised concerns that the exemption may allow unsuitable people to gain access to firearms, with consequent public safety risks.
The firearms safety consultation sought views on improving the controls on miniature rifle ranges while retaining the benefits that miniature rifle ranges present to shooting sports. The key proposal was that anyone who wishes to operate a miniature rifle range must apply for a firearms licence and undergo the necessary police checks into their background and security. Some 73% of respondents agreed or strongly agreed that the operator of a miniature rifle range should be required to have a firearms certificate, while 20% disagreed or strongly disagreed.
Nobody here is interested in stifling sport, least of all me, as the Member of Parliament for Loughborough—the epicentre of sport, in my considered opinion. We are looking to introduce restrictions that will enable law enforcement officers and other agencies to understand exactly who has these firearms and these ranges, to create a safer environment. That will be a good safeguard for those who run small rifle ranges, so that they have confidence that they and the people who attend their rifle ranges have been assessed. That is the main point I would like to make today.
To the average person in the street, a gun still looks like a gun, even if it is from a small rifle range, and we have to bear that in mind when considering the possible misuse by a very small percentage of users. It is important that we have robust restrictions, that we understand exactly who has these weapons and that we ensure they are used in a safe place. That is why I support the Bill.
Stephen Kinnock (Aberavon) (Lab)
I congratulate the hon. Member for West Bromwich West (Shaun Bailey) on this important Bill and thank the hon. Member for Clwyd South (Simon Baynes) for presenting it and speaking on his behalf so eloquently.
It is frequently said that the UK has one of the toughest systems in the world for regulating the ownership of firearms. Members on both sides of the House will undoubtedly be thankful that that is the case but will also share the belief that we must never lose sight of the need to ensure that our laws and regulations remain fit for purpose. The licensing system currently in force dates back more than 50 years, having been established by the landmark Firearms Act 1968. While that groundbreaking law was a vital first step, we must never allow ourselves to fall into the trap of complacency. Despite the importance of the 1968 Act, it took the unspeakable tragedies of mass shootings in Hungerford and Dunblane to prompt further action to tighten up our laws in the 1980s and 1990s.
Today, the memories of five people—Maxine Davison, Stephen Washington, Kate Shepherd, Lee Martyn and Lee’s three-year-old daughter Sophie, who were shot dead in Plymouth in August 2021—cast a long shadow over this debate. We must not wait for another equally horrific event before we take the steps needed to bring the law up to date. I pay particular tribute to my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) for his passionate advocacy of measures to further restrict the ownership of dangerous weapons and to counter online radicalisation, and to the hon. Member for West Bromwich West for promoting the Bill.
The Bill’s intent is to,
“Make provision about the regulation of certain rifle ranges and shooting galleries; to make provision for an offence in relation to the possession of component parts of ammunition; and for connected purposes.”
I will take each point in turn. Clause 1 would make limited changes to the scope of provisions in the Firearms Act on the use of weapons at shooting ranges and galleries. It is not clear that the changes go far enough. For instance, the Government’s response to a consultation published last July announced plans to introduce a new requirement for operators of miniature rifle ranges to be issued with a firearms certificate. The response noted that that would require changes to primary legislation, but did not give a timescale. Perhaps the Minister could update the House on that point.
Clause 2 would introduce a new offence of possessing component parts of ammunition with intent to manufacture. That is an important step that reflects the widespread recognition that the law as it stands has not kept pace with changes in technology over recent years. Again, the changes do not appear to have gone as far as they could have. For instance, the offence created by clause 2 would apply to ownership of four primary components: bullets, cartridge cases, primers and propellants. Perhaps the Minister could tell us whether he is confident that even with those changes, the law would adequately reflect the application of recent technological developments such as 3D printing and other evolving technologies that make access to deadlier weapons significantly easier for those who seek them.
It is important to note that the new offence envisaged by clause 2 would require evidence of an intent to use components to manufacture ammunition. What can the Minister, or any hon. Member who supports the changes, tell us about the standard of proof that will apply when determining intent? How might attempts to evade detection be addressed as part of efforts to tackle such offences?
Finally, we should give consideration to the many important issues the Bill does not address. Do the Government plan to establish a new independent regulator for firearms licensing? Can we have an update on progress towards implementing the Government’s commitment to a national accredited training scheme for firearms enquiry officers? When will the new curriculum be introduced? What changes, if any, do the Government plan to make to the licensing process at national level? Will changes be made to the application fees for firearms certifications, which are currently £70 and £80, in order to more accurately reflect the actual cost of processing the applications, which can exceed £500? What steps will be taken to address the apparent surge in the number of temporary permits, which, according to recent reports, is a direct consequence of backlogs in the system, in order to fully ensure that weapons do not get into the wrong hands?
Finally, how will wider policy challenges, such as the urgent need for more effective action to tackle online radicalisation, be addressed in the weeks ahead? Will the Minister consider changes to the Online Safety Bill to strengthen the law in that area? All too often in the past, loopholes and weaknesses in our firearms laws were not addressed until it was too late. If there is one thing that Members of all political persuasions can agree on, it is that gun violence must be eradicated. I look forward to hearing more detail on the Government’s plans to achieve that objective.
The Minister for Crime, Policing and Fire (Chris Philp)
I congratulate my hon. Friend the Member for West Bromwich West (Shaun Bailey) on introducing this private Member’s Bill and, of course, my hon. Friend the Member for Clwyd South (Simon Baynes) on stepping into his place with such eloquence and command of the House, as we heard just a few moments ago.
Time is relatively short, so I am not going to repeat at length a description of the provisions that the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), and my hon. Friend the Member for Clwyd South have both already covered. Suffice it to say that, as they have laid out, the Bill intends to more tightly define the legislation around miniature rifles to ensure that a limitation of .22 is placed on their calibre and that the people operating miniature rifle ranges need to have licences.
As others have laid out, clause 2 seeks to make it clear that having an intent to assemble components into ammunition will constitute an offence. As the Bill passes through Committee, we may want to make sure that we cover not only people intending to manufacture ammunition themselves, but those facilitating others to do so. However, that is a definitional detail that I am sure we can consider properly in the course of Committee proceedings.
The shadow Minister asked a number of questions. I am sure we will discuss them more on other occasions, but 3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons. We will, of course, keep that under review. He asked about the fees charged for firearms licensing; as I said to the House a week or two ago, we have committed to consulting this year—probably in the summer or early autumn—about increasing those fees to make sure that the full costs are recovered by police forces. The question of accreditation of firearms examination officers is one that I discussed with the College of Policing’s chief executive, Andy Marsh, just this week. That is an area that we would like to see taken forward by policing, and it is something that the College of Policing will consider in conjunction with the National Police Chiefs’ Council.
On the question about firearms backlogs and temporary licences, I reviewed the data on that only yesterday and, of the 43 forces, I consider four to have unacceptably high backlogs. I will be communicating with the chief constables of those four forces in the very near future.
Last week or the week before, I made a statement on the terrible shootings that we have seen; as the shadow Minister knows, the Government are waiting for the prevention of future deaths report from the Plymouth coroner so that lessons can be learned and whatever changes need to be made can be made, in order to prevent appalling tragedies such as that. We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye. We will consider all three things together, and the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future.
I am conscious that I have strayed somewhat beyond the strict topic of the Bill, Mr Deputy Speaker, but I wanted to answer some of the shadow Minister’s questions; we can discuss the others later. I put on record the Government’s support for the Bill. It is well constructed and will certainly contribute to public safety, and I look forward to working with right hon. and hon. Members on both sides of the House to make this excellent Bill law as soon as possible.
Simon Baynes
With the leave of the House, I will respond to the debate.
I will be very brief, but I want to thank colleagues on both sides of the House for their support for the Bill. I thank my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) for his customary common sense, and for making the point that we are not anti-ranges but in favour of closing loopholes and increasing safety. I have to say that I was somewhat relieved to hear that he had not owned a weapon personally. [Laughter.] I thank my hon. Friend the Member for Loughborough (Jane Hunt)—from the epicentre of sport—for pointing out that we are not seeking to stifle sport, and that these restrictions are intended to create a safer environment. I thank the hon. Member for Aberavon (Stephen Kinnock) for his supportive approach. His point that laws and regulations must remain fit for purpose is of course central to our aims. He spoke movingly about the horror of gun crime, and searchingly but constructively about the details of the Bill. I thank my right hon. Friend the Minister for bringing his customary vigorous commitment and his wealth of experience to supporting the Bill and its further progress through the House, and also for doing the hon. Member for Aberavon the courtesy of answering his questions.
Finally, I thank my hon. Friend the Member for West Bromwich West (Shaun Bailey) for bringing the Bill to the point at which we have been able to discuss it today. It has been an honour for me to carry on his work in the House.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).