Draft Antique Firearms Regulations 2020

Kit Malthouse Excerpts

Monday 14th December 2020 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing and to sit only in places that are clearly marked. Hansard colleagues would be most grateful if Members could send their speaking notes to [e-mail].

[The Minister for Crime and Policing (Kit Malthouse)]

I beg to move,

That the Committee has considered the draft Antique Firearms Regulations 2020.

It is a great pleasure to appear under your guiding hand for the first time, Mr Mundell. The regulations were laid before the House on 9 November. This country has some of the toughest gun controls in the world, and we keep them under review to safeguard against abuse by criminals and terrorists. The Offensive Weapons Act 2019 banned certain rapid-firing rifles and devices known as bump stocks, and we have just begun a three-month surrender-and-compensation scheme to take these and other dreadful weapons out of civilian possession. On 24 November, we launched a public consultation on a range of firearms safety issues, including security requirements for high-powered rifles. The draft regulations before us today will prevent criminals from exploiting a lack of clarity in the law to gain possession of antique firearms for use in crime.

Under the Firearms Act 1968, antique firearms that are possessed, purchased, sold or acquired as a curiosity or ornament are exempt from most of our firearms laws, including licensing control. Unfortunately, the Act does not define “antique firearm”. The Home Office issues on guidance on which firearms can safely be regarded as antique, but criminals have been taking advantage of the lack of legal definition to obtain old but functioning firearms.

The number of antique firearms recovered each year in criminal circumstances increased from four in 2007 to 96 to 2016. The number of recoveries has since decreased, but remains unacceptably high. Ammunition capable of being used with the firearm was also present in more than of half of recoveries. Sadly, there have been six fatalities since 2007 linked to the use of antique firearms. There have been several notable convictions in recent years, with substantial sentences being handed down by the courts. For example, a former firearms dealer was convicted and sentenced to 30 years’ imprisonment in 2017 for supplying antique firearms to criminal gangs.

The problem was highlighted in 2015 by the Law Commission, which recommended a statutory definition of “antique firearm” to stop criminals exploiting the lack of legal clarity. The Government accepted the recommendation and included provisions in the Policing and Crime Act 2017 to define “antique firearm” in regulation. The Home Office held a public consultation to seek views on the detail of the definition.

After careful consideration of the feedback, and following discussions with expert stakeholders on the technical aspects, I am pleased that we are now able to bring forward these important regulations. They will define in law which firearms can safely be regarded as antique, and therefore exempt from control, and which should be subject to licensing. They are based closely on the existing Home Office guidance, so will be familiar to law enforcement, collectors and dealers alike. They specify a cut-off date of manufacture, after which a firearm cannot qualify as an antique. They also specify a range of propulsion systems and obsolete cartridges that are safe to be regarded as antique.

When read with the relevant provisions in the Firearms Act 1968, the regulations will mean that to be regarded as an antique a firearm must be held as curiosity or ornament, have been manufactured before 1 September 1939 and either have a propulsion system specified in the regulations or be chambered for one of the obsolete cartridges also specified in the regulations. In the light of concerns raised by law enforcement, the list of obsolete cartridges does not include seven types which, together with their associated firearms, feature most often in crimes involving antique firearms. That means that those particular firearms will no longer be regarded as antique.

I realise that omitting those seven cartridges will not be popular with collectors, who will see a drop in the value of the associated firearms. However, public safety is paramount, and it is the Government’s duty to protect communities from gun crime. We are, however, being balanced in our approach to the problem. Existing owners of such firearms will be able to retain them on a firearms certificate, and we will make commencement regulations to allow a transitional period of three months for them to do so. We have also added another 23 obsolete cartridges to the list following advice from law enforcement that they will not present a danger to the public. That brings additional firearms into the definition of antique.

I want to ensure that the regulations remain relevant and effective, so there will be annual reviews to consider the latest developments in the criminal use of antique firearms. We will also carry out a full review of the regulations every three years, and law enforcement and representatives of collectors and dealers will be involved in those reviews. Public safety is our top priority, and the draft regulations will tackle the criminal of such firearms. I commend them to the Committee.

--- Later in debate ---

[Kit Malthouse]

I am grateful to the hon. Lady, although she slightly stretched the envelope in terms of the subject of the debate to bring in wider issues of violence, with which I have to say that I broadly agree. We all recognise that there has, sadly, been a rise in violence, and the reasons are complicated, but we are fully dedicated to driving it down. She will be reassured that recruiting 20,000 police officers will form a significant plank in our efforts to drive down violence and crime, as the Prime Minister and I did successfully in City Hall between 2008 and 2012, as I said earlier on the Floor of the House.

As for the hon. Lady’s question about resources, the change can be tackled by forces and, indeed, the Home Office within existing budgets. In fact, it has been broadly welcomed by law enforcement across the country.

Question put and agreed to.