Offensive Weapons Bill

Karin Smyth Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 3—Controls on miniature rifles and ammunition—

“(1) The Firearms Act 1968 is amended as follows.

(2) Omit subsection (4) of section 11 (Sports, athletics and other approved activities).”

This new clause would amend the Firearms Act 1968 to remove the exemption on miniature rifle ranges, preventing individuals without a firearms certificate from being able to acquire and possess semi-automatic rifles without a check by the police.

New clause 4—Possession of component parts of ammunition with intent to manufacture—

“(1) Section 1 of the Firearms Act 1988 is amended as follows—

(2) After subsection 4A insert—

‘(4B) A person other than a person permitted to manufacture ammunition by virtue of being a registered firearms dealer or holder of a firearm certificate authorising the type of ammunition being manufactured commits an offence if—

(a) The person has in his or her possession or under his or her control the component parts of ammunition and,

(b) The person intends to use such articles to manufacture the component parts into ammunition.

(4C) A person guilty of an offence under subsection 4b is liable—

(a) On summary conviction—

(i) In England and Wales to imprisonment for a term not exceeding 12 months (or in relation to offences committed before Section 154(1) of the Criminal Justice Act 2003 comes into force 6 months) or to a fine or both.

(ii) In Scotland to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(b) On conviction on indictment, to imprisonment for a term not exceeding five years to a fine, or to both.’”

This new clause would create a specific offence for the possession of component parts of ammunition with the intent to manufacture, for all persons other than those registered as firearms dealer or holders of a firearms certificate authorising the type of ammunition being manufactured.

New clause 18—Offence of failure to store an air weapon in a locked cabinet—

“(1) A person commits an offence if they fail to store an air weapon in their possession in a locked cabinet.

(2) The offence in subsection (1) has not been committed if the person has the firearm with them for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the air weapon is in transit to or from a place in connection with its use or any such purpose.

(3) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

New clause 19—Sale of an air weapon without a trigger guard—

“(1) A person commits an offence if, by way of trade or business, they sell an air weapon that is not fitted with a trigger guard.

(2) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.

(3) The Secretary of State may by regulations define ‘trigger guard’ for the purposes of this section.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Government amendment 26.

Amendment 23, in clause 30, page 30, line 9, leave out from “rifle” to end of paragraph and insert

“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”

Government amendments 27 to 33.

Amendment 24, in clause 31, page 31, line 9, leave out from “rifle” to end of paragraph and insert

“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”

Government amendments 34 to 55.

[Karin Smyth]

I hope that this is third time lucky. I understand the difficulties that the Government are in, but our constituents, on whose behalf we speak, watch these proceedings with great interest and concern, often because it is their loved ones who have lost their lives or been injured. The postponement of this debate on Report has been unacceptable for them.

Having said that, I am pleased to have the opportunity to outline the importance of new clause 2, with which I simply seek to establish in law the requirement for the Department to publish a report on the safety of air weapons. Such a report is necessary because the statistics on air weapons offences are not routinely recorded and official data is difficult to find. The report would require the Department to assess the strength of existing legislation on the use of air weapons. An important aspect of the debate is licensing, to which I shall return in a moment. The report would also require consideration of the existing guidelines on safe storage, about which my right hon. Friend the Member for Delyn (David Hanson) will speak in more detail later. I thank him for his support and for the work that he has done on this issue previously.

The report would also force an assessment on the current age limits for the possession and use of air weapons, which we discussed in Committee. This is important, because young people are disproportionately victims of air weapons offences. I managed to obtain via the Library information that shows that a disproportionate number of 10 to 19-year-olds were victims of air weapons offences in 2017, considering their share of the population, but we need more detail.

The subject of licensing has come up in a number of debates over the years, including in this place and in Select Committee hearings, but there seems to have been a reluctance to push collectively for real change. The dangers posed by air weapons cannot be ignored: their misuse is a matter of public safety. That was the argument put forward by Members of the Scottish Parliament in 2015, when they voted to license air weapons. While others were perhaps doing other things during the conference recess, I went to the Scottish Parliament in Holyrood to hear the arguments for and against licensing and about the experience of it.

The logic for the system in Scotland seems straightforward: as a matter of public safety, only those who have good reason for using, acquiring, purchasing or possessing an air weapon ought legally to be able to obtain one. The Scottish police believe that the scheme has been a success thus far, with more than 21,000 weapons having been surrendered by owners. Some 24,000 licences were issued up to February this year. There is a cost of £72 per licence to cover the administration fee. The Scottish Government's position is clear: those who have a legitimate use for an air weapon—including for sports and pest control—are not prevented from obtaining one. That gives important clarity to a subject that can be confusing. It sends a clear message that these weapons are not toys and capable of causing serious injury or even death. I simply ask the Minister whether he can demonstrate to me that my constituents in Bristol South are as safe from the misuse of air weapons as people in Scotland, where the guns are licensed.

[Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)]

I do not disagree with anything that the hon. Lady has said, but for the record, has the information from Scotland shown that there has been a decrease in the misuse of air weapons since the change to the law?

[Karin Smyth]

I cannot answer that question directly, but one issue in Scotland relates to the collection of data from the stable point and into the future. That is important to consider. If the police there see that one of these weapons is in the house when they go to a domestic abuse incident, for example, they can legitimately ask whether there is a licence for it. They have reported anecdotally—I am happy to get more figures—that they certainly feel that that has been helpful in such circumstances.

The Minister previously said that the Department’s response to the air weapons review will answer everything, but I am wondering whether the review that we have been seeking will ever see the light of day. The review closed more than nine months ago and, despite numerous assurances to many Members, we are still awaiting its conclusions. We owe it to the victims of air weapons, and their families, to stop the Government kicking the issue into the long grass. It took the Scottish Government just a few months to consider the responses to their consultation on air weapons. We must now demand the same single-mindedness of our Government. I have here the documents, all the way from Scotland, should the Government wish to use them to make progress on the review and look seriously at licensing.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

I declare an interest: as set out in the Register of Members’ Financial Interests, I am chairman of the British Shooting Sports Council, the umbrella body for British shooting organisations. I rise to speak to Government amendment 26 on .50 calibre rifles but, on behalf of British sports shooting people, I thank the Government for having listened and acted on this matter, and confirm the BSSC’s wish fully to engage with the Government on getting the law right in this policy area. Having just listened to the hon. Member for Bristol South (Karin Smyth) talk about air rifles, I hope that the Government will learn from the debate on .50 calibre rifles. I agree that there are issues in respect of air rifles that need attention and clarification, but we should deal in a cautious and proper manner with the 3 million or so owners of such guns.

The proposal in the Bill to ban firearms with a muzzle velocity of more than 13,600 J, including .50 calibre guns, was not, under any interpretation of the facts, going to help the fight against crime. The guns are very expensive, costing around £20,000 each. There are therefore very few in number, with only 150 or so in private hands. They are extremely bulky, heavy at 30 lb and slow to load, with large, hand-loaded ammunition. In fact, one could hardly find a firearm less likely to be used in a crime. They are simply too big. That is probably why they have never been used in a crime in this jurisdiction.