Firearms Bill

Debate between Kieran Mullan and Louie French

Friday 24th March 2023 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I beg to move, That the Bill be now read the Third time.

It is a privilege for me to move the Bill’s Third Reading, on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), following its recent consideration in Committee.

The UK has some of the toughest gun controls in the world, and robust licensing controls are key to keeping the public safe. Firearms deaths or serious injuries are relatively rare, but the consequences of firearms in the wrong hands can be devastating. That is why we keep our controls under constant review to safeguard against firearms falling into the hands of criminals, terrorists and other individuals who might put public safety at risk, while ensuring that legitimate firearms users can participate in shooting safely, through an effective licensing system.

The Bill will help to further strengthen the controls by addressing two vulnerabilities that could be exploited by criminals, terrorists and others with a malicious intent. Clause 1 deals with controls on miniature rifle ranges. It would be fair to say that the current exemption in law for miniature rifle ranges is a lesser-known area of firearms law, but it is none the less extremely important that we improve the legislative regulation relating to them. Section 11(4) of the Firearms Act 1968 at present 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 firearm certificate. Additionally, a person can use these rifles and ammunition at such a range without a certificate. Although the term “miniature rifle” is used in the legislation, the firearms this applies to are lethal guns that are otherwise subject to the requirement for the holder to apply for a certificate in order to possess them.

The existing exemption in section 11(4) of the 1968 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 and assessment of how they will store and use the firearms safely. The police and others have raised concerns that the exemption is a loophole in firearms law that is vulnerable to abuse by criminals or terrorists seeking to access firearms and sidestep the usual robust checks carried out by the police.

[Mr Louie French (Old Bexley and Sidcup) (Con)]

My hon. Friend is making a compelling case, and I entirely support the Bill’s aim in tackling crime, closing those loopholes and increasing public safety. However, will he give further reassurance that this Bill, through targeting these loopholes, will not have an undue impact on those who collect such rifles for historical and ornamental purposes, not for shooting? Will he confirm that it will not put too much of a burden on such people, who already go through checks? This issue has been raised by a constituent who is a collector of such weapons.

--- Later in debate ---

[Dr Mullan]

I thank my hon. Friend for raising that question. His remarks are particularly pertinent to clause 2, on ammunition components and parts of guns that people might own, whether they are miniature rifles or not. I assure him that that element of the law focuses on the person’s intent, as I will come on to describe. If a person has reasonable grounds for having the components of ammunition, and it is clear to the police that they have no malicious or untoward intent, they will be okay.

As I say, 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, activity centres offering targeted shooting, at game fairs, and in a number of other legitimate environments. Many of those would be severely affected if the exemption were removed entirely, which was never the intention. If it were removed, clubs could no longer enable newcomers to try out target shooting in a safe, controlled way. In recognition of this, the Bill preserves the benefits of the miniature rifle range exemption, while bringing in appropriate controls by making it a requirement that the rifle range operator be granted a firearm certificate by the police, having undergone all the necessary checks as to suitability, security and good reason.

The Bill also more tightly defines what may be considered a miniature rifle. It restricts the definition to .22-inch rimfire guns, which are lower-powered rifles. There is concern that the definition in current legislation—

“not exceeding .23 inch calibre”—

could allow the use of more powerful firearms that would not be suitable for use on a miniature rifle range by an uncertified person, even when the necessary supervision and safety measures are in place.

The second firearms measure in the Bill is the measure on ammunition, which will help the police to tackle unlawful manufacture of ammunition by introducing a new offence of possessing its component parts with an 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.

[Mr French]

My hon. Friend is making a really passionate speech. He has picked up on some interesting distinctions between what will be in the Bill and what will not. Could he please outline what guidance there will be for the police, who will have to enforce the measures, on these clear distinctions in the law?

[Dr Mullan]

Again, my hon. Friend makes an important point. I welcome the opportunity to clarify that, as he says, the police will have to make new and different decisions in enforcing this legislation. I am pleased to say that a new training and quality assurance package for police firearm licensing teams is being developed, which will contribute to their being able to make those decisions in a reliable and effective way.

It might be helpful if I briefly explained what the components of ammunition are, and how they go together to make a round of ammunition. The components are the gunpowder, used to propel a projectile from a firearm; the primer, which is an explosive compound that ignites the gunpowder, projectile or bullet; and the cartridge case. There are already controls on primers in the Violent Crime Reduction Act 2006. Section 35 of that Act 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 firearm certificate authorising them to possess ammunition for a firearm.

Controls on the possession of gunpowder are set out in the Explosives Regulations 2014, which state 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, and are not controlled. Frankly, given the nature of those two components and the quantities in which they are made, it would be difficult to control their possession, and there is no wish to do so.

The present situation can make the prosecution of certain cases by the police difficult. Where there is intent to produce ammunition unlawfully, the police may be unable to progress with certain criminal cases if the materials found are not controlled. In view of those concerns, the firearms safety consultation sought views on whether controls on component parts of ammunition remained sufficient, or whether they should be strengthened by making it an offence to possess component parts with intent to assemble unauthorised quantities of ammunition. As I say, intent is vital. A majority of respondents—62% —agreed or strongly agreed that possession of component parts of ammunition with intent to manufacturer unauthorised quantities of complete rounds of ammunition should be made an offence.

Assembly of ammunition requires use of the various component parts, including the restricted and unrestricted components. The new offence will better enable the police to prosecute criminals who are manufacturing ammunition, including in cases in which only some of the component parts are present, provided that intent is shown. It will be a significant step forward in helping the police to tackle gun crime.

This is a small but important Bill. Events such as those in Keyham in August 2021, on Skye in August 2022 and more recently at Epsom College are clear reminders that we cannot afford to be complacent about the risks that firearms present. The Bill will address two identified vulnerabilities in this country’s firearms controls, and it is right that we take action to address them. I very much appreciate the support that it has so far received; I am sure that my hon. Friend the Member for West Bromwich West feels the same. I commend the Bill to the House.