Airguns (Under-18s)

Brandon Lewis Excerpts

Wednesday 14th September 2016 Westminster Hall

[The Minister for Policing and the Fire Service (Brandon Lewis)]

It is a pleasure to serve under your chairmanship today, Sir David. I congratulate the right hon. Member for Delyn (Mr Hanson) on securing the debate, as it is on not just an important subject but one that I know he cares passionately about. He has been concerned about and has been working on the issue for some time following the tragic death of his young constituent, as well as during his time at the Home Office. It is worth noting that, sadly, only this month a young man aged just 19 died from injuries sustained from an air weapon, which again brings home to us the seriousness of any kind of weapon.

The right hon. Gentleman outlined some very important points. We can all agree that gun controls are needed to minimise the risk of harm to the public. The regulation of air weapons has long been a matter of passionate debate, with lawful users arguing that they should be allowed to enjoy their property without unnecessary restrictions, and those who argue for tougher regulation to improve public safety. Public safety is naturally at the top of my agenda as a Home Office Minister, but I am also keenly aware of the need to strike the right balance—and there is a balance to be struck, particularly on weapons that present less risk and that are used in well regulated environments such as shooting clubs.

As the right hon. Gentleman said, this country has some of the most robust firearms regulations in the world. The statistics show that those regulations work and are effective. The number of firearms offences recorded by the police fell by 40% between 2009-10 and 2014-15, including a 40% fall in offences involving air weapons. There were fatalities as a result of those offences in 2014-15, but in that year they were at the lowest level since records began back in 1969. That shows that the regulations are working, but any injury, let alone a fatality, is one that none of us wants to see.

Although offences involving air weapons are often less serious offences, we have to be very clear and make sure that the public are aware that these weapons can cause death or serious injury. In 2014-15, there were no fatalities but there were 37 serious injuries as a result of offences. However, there were small rises in the number of offences involving both air weapons and other weapons last year, and as we have heard this morning, deaths can occur due to both offences and accidents. We must not and cannot be complacent, and that is why we are currently strengthening the legislation further in the Policing and Crime Bill and targeting loopholes often used by criminals. I will return to that point in a moment.

The law recognises that some air weapons are more dangerous than others. Only lower powered air weapons can be held without a licence or certificate. More dangerous air weapons are classed as either civilian section 1 firearms or prohibited section 5 firearms. A licence or certificate is required for section 1 or section 5 firearms and is issued only to suitable persons by the police or the Home Office. The Scotland Act 2012 devolved responsibility for lower powered weapons to the Scottish Government who, as the right hon. Gentleman stated, introduced a licensing regime under the Air Weapons and Licensing (Scotland) Act 2015. He asked us to bring in a similar scheme here, and the hon. Member for Strangford (Jim Shannon) talked about the way things are monitored in people’s homes. We have to recognise that Scotland has a different framework of offences, so we are not necessarily comparing like with like.

The misuse of air weapons in this country is caught by the criminal law, and the restrictions in place on the sale and possession of air guns are a proportionate way of protecting public safety. Although no licence is required to possess low-powered air weapons, they are still tightly regulated. As we have discussed, the sale of air weapons, which are firearms, is prohibited to those under 18. Except in special circumstances, under-18s cannot possess them; the exceptions include the use of the weapon as a member of an approved shooting club and being under the supervision of a person who is at least 21. That supervision is important, and we need to ensure we are all educated about it.

It is an offence for a person to trespass with an air weapon or to have one in a public place without a reasonable reason to be there. As well as the criminal use of air weapons, there have been tragic accidents, as the right hon. Member for Delyn outlined, which have sometimes involved young children or teenagers with unsupervised access to air weapons. We are all responsible, if we are in that position, to make sure unsupervised access does not happen.

We recognise that it is important that those who lawfully possess air weapons store and handle them securely and safely. The Home Office provides guidance on the sort of practical steps that can and should be taken to secure air weapons, and on how to handle them. It is an offence for a person to fail to take reasonable steps to prevent unauthorised access to their airguns by those under 18.

[Mr Hanson]

I accept that point, but what are reasonable precautions? For clarity, we should say that air guns should be locked in a secure metal cabinet. That is a reasonable precaution in my view, but there is no definition in the current legislation.

[Brandon Lewis]

It may be necessary to take a higher level of precaution, for example, when an air gun is stored in a house with children. That is a good example of the right hon. Gentleman’s point. We need to recognise what is reasonable. The whole point of having a check of reasonableness is that what is reasonable can vary according to the circumstances. For example, although locking away an airgun when not in use is reasonable for many people in many circumstances, the use of a trigger lock might be sufficient. The right hon. Gentleman and I had a brief conversation about that before this debate. I will take away that point and look at it further, and I will come back to him in writing shortly. We need to get the balance right between reasonableness and ensuring people are safe.

As I said earlier, the Policing and Crime Bill contains a number of provisions to strengthen the regulation of firearms, including a new definition of lethality, which will clarify the law relating to firearms, including air weapons. The Firearms Act 1968 defines a firearm as

“a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged.”

That makes lethality integral to knowing whether something is a firearm, yet the law does not define what lethality is. That raises a number of problems, which the Bill will resolve by defining lethality as a muzzle kinetic energy of 1 joule. That follows a recommendation by the Firearms Consultative Committee.

We recognise that there are legitimate uses of air weapons, such as shooting sports, so we need to strike a balance, but I am cognisant of the fact that we must keep firearms control under review to ensure that we always do everything we can in a reasonable way to protect public safety. That is why, as I said a few moments ago, I will look at the specific point that the right hon. Gentleman raised about security and the locking away of firearms and weapons as part of a reasonable approach to ensuring we have a safe and secure environment.

[Mr Hanson]

Before the Minister sits down, will he give me a commitment to look at the issue of compulsory trigger locks? The current legislation mentions reasonable precautions, but there is no definition of “reasonable”, no requirement to have a trigger lock and no requirement to have a locked cabinet. I want the Minister to look at those issues seriously and reflect on them.

[Brandon Lewis]

The outline is there for a reasonable approach that will allow flexibility for the authorities and individuals. If somebody owns a gun, they have a responsibility to ensure they are acting in a safe and appropriate manner. What is reasonable in one place can differ from what is reasonable in another. For example, a household that has children is different from a household that does not. The law reflects the need for flexibility. I take the right hon. Gentleman’s point on board, and I will look at it and the point about trigger locks. I will write to him shortly.

Question put and agreed to.