Firearms Bill

Lord Colgrain Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

Moved by

[Lord Colgrain]

That the Bill be now read a second time.

[Lord Colgrain (Con)]

My Lords, I am very pleased to present this Bill following its recent consideration in the other place. It was initiated by my honourable friend Shaun Bailey MP, and it addresses two important aspects of our firearms controls concerning miniature rifle ranges and ammunition. We have strong gun controls in the UK, which help to prevent criminals using illegal firearms. They also ensure that those who hold guns legally do not present any danger to the public. These controls are always kept under review so that action can be taken to strengthen them further where the evidence suggests that this is necessary.

This is why the Government launched a firearms consultation on 29 June, following recommendations made in the wake of the tragic shootings in Plymouth and on Skye, to seek views on whether further changes are needed to our tough firearms controls. The clauses in the Bill will help to improve these controls by addressing two vulnerabilities that could be exploited by criminals or terrorists and those with malicious intent. I will comment on these clauses in some detail. The first clause brings in new controls to miniature rifle ranges. It is 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 around miniature rifle ranges, which is set out in the Firearms Act 1968.

Section 11(4) of the Firearms Act at present allows a person to purchase, acquire or possess miniature rifles or ammunition without a firearms certificate when they are 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. Additionally, a person can use these rifles and ammunition at such a range without a certificate. This means that they will not have been subject to the usual careful police checks on a person’s suitability, and nor will there have been any police assessment as to how they will store and use the firearms safely. The term “miniature rifle” is used in the legislation, but it is important to recognise that the firearms to which this term applies are lethal guns that are otherwise subject to the requirement for the holder to apply for a firearms certificate to possess them.

The police and others have raised concerns that the exemption is a loophole in firearms law. They say that the legislation is vulnerable to abuse by criminals or terrorists seeking to access firearms and to sidestep the usual stringent checks carried out by the police.

The miniature rifle range exemption has been in existence for many years, and it is used for a number of legitimate activities. For example, it is widely used by small-bore rifle clubs to introduce newcomers to sports shooting. It is also used by some schools and colleges, by activity centres offering target shooting, at game fairs and in a number of other legitimate environments. I can personally testify to the benefits that can accrue to schools, having been a governor of one where this facility was enjoyed. Many of these locations would be severely affected if the exemption was removed entirely, and this is not the intention of the Bill.

In recognition of this, the Bill preserves the benefits that the miniature rifle range exemption offers, enabling newcomers to sports shooting to try out the activity without having a firearms certificate, but in a safe and controlled environment. It brings in new controls by making it a requirement that the operator must be granted a firearms 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 as a miniature rifle by restricting these to .22 rim-fire guns, which are lower-powered rifles. Currently, there is concern that the definition in the 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 uncertificated person, even with the necessary supervision and safety measures in place.

I now turn to the second firearms matter addressed in the Bill, which concerns the controls on ammunition. The legislation will help the police to tackle the unlawful manufacture of ammunition 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.

To help explain what this part of the Bill does, I will briefly set out what those components 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, the projectile or bullet and the cartridge case. Of these, the first two are covered by current legislation. Controls on the possession of gunpowder are set out in the Explosives Regulations 2014, which require that, with certain exceptions, anyone wanting to acquire or keep explosives must hold an explosives certificate issued by the police. There are already controls on primers set out 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 firearms certificate authorising them to possess a firearm or ammunition. However, the latter two, the projectiles or bullets and the cartridge case, are constructed of inert material, and these are not controlled at present.

Given the nature of these 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. However, the current legislative controls can make the prosecution of certain cases by the police difficult. They may believe that there is intent to produce ammunition unlawfully but they may be unable to progress certain criminal cases if the materials found are not controlled.

The assembly of ammunition requires that various component parts be used, including restricted and unrestricted components. The new offence means that the police will better be able to prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present provided that intent is shown. This will be a significant step forward in helping the police to tackle gun crime.

In closing, I say that the changes made by the Bill are necessary ones because they address vulnerabilities that have been identified in our firearms controls. Events such as those we saw in Keyham in August 2021, on Skye in August 2022 and at Epsom College in February this year are clear reminders that we must not be complacent about the risk that firearms can present. The Bill seeks to strengthen two important aspects of this country’s firearms controls; I am grateful for the support that it has received so far and commend it to the House. I beg to move.

--- Later in debate ---

[Lord Colgrain (Con)]

My Lords, I thank those noble Lords who have spoken in this short and important debate. The noble Earl, Lord Attlee, has considerable experience in speaking on firearms matters in the House. To hear him say, “What is there not to like about this Bill?”, is very reassuring. The noble Lord, Lord Browne of Ladyton, obviously has considerable experience too in wider defence matters, but to hear him say that this would obviously help with the control of weapons and to have his endorsement is most encouraging.

The noble Lord, Lord Ponsonby, will know that amendments were laid at the other end that were withdrawn. It is very comforting to feel that there is support from his side of the House on this as well. I am very grateful to him for that.

Lastly, I say to my noble friend the Minister that there has been strong reference to the nature of 3D production of weapons. We should be mindful of that going forward. To finish on that note, I hope that out of this Bill we will perhaps find that there are mechanisms that will be able to prevent 3D manufacture.

Lastly, as a one-time special constable in the police myself, I know how much the police will be grateful for the fact that your Lordships are paying very close attention to this Bill.

Bill read a second time and committed to a Committee of the Whole House.

Firearms Bill

Lord Colgrain Excerpts

Order of Commitment discharged
Tuesday 12th September 2023 Lords Chamber

Moved by

[Lord Colgrain]

That the order of commitment be discharged.

[Lord Colgrain (Con)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.

Firearms Bill

Lord Colgrain Excerpts

3rd reading
Monday 18th September 2023 Lords Chamber

Moved by

[Lord Colgrain]

That the Bill do now pass.

[Lord Colgrain (Con)]

My Lords, if your Lordships should pass the Bill today, it will not go back to the Commons but will go straight to His Majesty the King for Royal Assent.

I will be most brief in summarising its contents. It is in two parts. The first will require any person who operates a miniature rifle range to have been granted a firearms certificate by the police—that is not the situation hitherto. It will also restrict the gauge of rifle used to .22 rimfire. The second relates to the composition of ammunition. A round of ammunition comprises four constituent parts, only two of which are governed by current legislation, so the Bill will regulate for the two which are currently omitted. That means that the police will be better able to prosecute cases where criminals are manufacturing ammunition where intent is shown.

I am very grateful to the Government, my noble friend the Minister and all noble Lords from all parties who have, to date, provided cross-party support for the Bill. I especially thank Shaun Bailey MP, who introduced the Bill in the other place, and all those who have been involved in bringing the Bill through the parliamentary process to this point.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I congratulate the noble Lord, Lord Colgrain, on piloting the Bill through this House.

In the House of Commons, the Labour Party moved three amendments, and at the time the Minister said that, given the narrow scope of the Bill, it was not the right place to move them. Nevertheless, I will repeat the three points raised. The first amendment was that social media should be taken into account when considering whether to issue a firearms licence. The second was that family members of a certificate holder who is an operator of a firearms range or shooting gallery should be issued certificates only after they are interviewed as part of a household application process. The third was that any regulations relating to fees or licensing under Section 11 of the Act relating to miniature rifle ranges must require payment equal to the expected cost of issuing the licence. I understand the answer given in the other place to those three amendments, but I ask that the department keeps these issues in mind as the Bill turns to an Act and when any subsequent amendments are considered in the future.