Offensive Weapons Bill (HC Bill 265)

Offensive Weapons BillPage 30

Prohibition of certain firearms

30 Prohibition of certain firearms etc: England and Wales and Scotland

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

(2) In section 5 (weapons subject to general prohibition), in subsection (1), after
5paragraph (af) insert—

(ag) any rifle from which a shot, bullet or other missile, with kinetic
energy of more than 13,600 joules at the muzzle of the weapon,
can be discharged;

(ah) any rifle with a chamber from which empty cartridge cases are
10extracted using—

(i) energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage
device by propellant gas,

other than a rifle which is chambered for .22 rim-fire
15cartridges;”.

(3) In section 5(1), for the “and” at the end of paragraph (b) substitute—

(ba) any device (commonly known as a bump stock) which is
designed or adapted so that—

(i) it is capable of forming part of or being added to a self-
20loading lethal barrelled weapon (as defined in section
57(1B) and (2A)), and

(ii) if it forms part of or is added to such a weapon, it
increases the rate of fire of the weapon by using the
recoil from the weapon to generate repeated pressure on
25the trigger; and”.

(4) In section 5(2), after “including,” insert “in the case of weapons, any devices
falling within subsection (1)(ba) of this section and,”.

(5) In section 5(2A)(a), after “weapon” insert “, device”.

(6) In section 51A(1)(a) (minimum sentences for certain offences under section 5),
30in each of sub-paragraphs (i) and (iii), after “(af)” insert “, (ag), (ah), (ba)”.

(7) In Schedule 6 (prosecution and punishment of offences) in Part 1 (table of
punishments)—

(a) in the entry for section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c), in
the first column, after “(af)” insert “, (ag), (ah), (ba)”,

(b) 35in the entry for section 19, in the third column, for “or (af)” substitute “,
(af), (ag), (ah) or (ba)”, and

(c) in the entry for section 20(1), in the third column, for “or (af)” substitute
“, (af), (ag), (ah) or (ba)”.

(8) The amendments made by subsection (6) apply only in relation to—

(a) 40an offence under section 5(1)(ag), (ah) or (ba) of the Firearms Act 1968
which is committed after the coming into force of subsection (6), and

(b) an offence under a provision listed in section 51A(1A) of that Act in
respect of a firearm specified in section 5(1)(ag), (ah) or (ba) of that Act
which is committed after the coming into force of subsection (6).

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31 Prohibition of certain firearms etc: Northern Ireland

(1) The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) is amended
as follows.

(2) In Article 45 (weapons subject to general prohibition), in paragraph (1), after
5sub-paragraph (e) insert—

(ea) any rifle from which a shot, bullet or other missile, with kinetic
energy of more than 13,600 joules at the muzzle of the weapon,
can be discharged;

(eb) any rifle with a chamber from which empty cartridge cases are
10extracted using—

(i) energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage
device by propellant gas,

other than a rifle which is chambered for .22 rimfire cartridges;”.

(3) 15In Article 45(1), for the “and” at the end of sub-paragraph (f) substitute—

(fa) any device (commonly known as a bump stock) which is
designed or adapted so that—

(i) it is capable of forming part of or being added to a self-
loading firearm, and

(ii) 20if it forms part of or is added to such a firearm, it
increases the rate of fire of the firearm by using the recoil
from the firearm to generate repeated pressure on the
trigger; and”.

(4) In Article 2(2) (interpretation), in the definition of “prohibited weapon” and
25“prohibited ammunition”, after “including,” insert “in the case of weapons, any
devices falling within paragraph (1)(fa) of that Article and,”.

(5) In Article 70(1)(a) (minimum sentence for certain offences), in each of heads (ii)
and (iv), after “(e)” insert “, (ea), (eb), (fa)”.

(6) In Schedule 5 (table of punishments)—

(a) 30in the entry for Article 45(1)(a), (aa), (b), (c), (d), (e) and (g), in the first
column, after “(e)” insert “, (ea), (eb), (fa)”,

(b) in the entry for Article 61(1), in the third column, for “or (e)” substitute
“, (e), (ea), (eb) or (fa)”, and

(c) in the entry for Article 62(1), in the third column, for “or (e)” substitute
35“, (e), (ea), (eb) or (fa)”.

(7) The amendments made by subsection (5) apply only in relation to—

(a) an offence under Article 45(1)(ea), (eb) or (fa) of the Firearms (Northern
Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) which is committed after the
coming into force of subsection (5), and

(b) 40an offence under a provision listed in Article 70(1A) of that Order in
respect of a firearm specified in Article 45(1)(ea), (eb) or (fa) of that
Order which is committed after the coming into force of subsection (5).

32 Consequential amendments relating to sections 30 and 31

Schedule 2 contains consequential amendments relating to sections 30 and 31.

Offensive Weapons BillPage 32

33 Surrender of prohibited firearms etc

(1) The Secretary of State may make such arrangements as the Secretary of State
thinks fit to secure—

(a) the orderly surrender at designated police stations of firearms the
5possession of which will become unlawful by virtue of section 30 or 31;

(b) the orderly surrender at designated police stations or other places of
ancillary equipment.

(2) The chief officer of police for any area may designate any police station in the
chief officer’s area as being suitable for the receipt of—

(a) 10surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular
description.

(3) The Chief Constable of the Police Service of Northern Ireland may designate
any police station in Northern Ireland as being suitable for the receipt of—

(a) 15surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular
description.

(4) In this section “ancillary equipment” has the meaning given by section 36(2).

34 Payments in respect of surrendered firearms other than bump stocks

(1) 20This section applies to firearms other than firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968
by section 30(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms
(Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) by section 31(3).

(2) 25This section applies if the Secretary of State makes arrangements under section
33 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in
respect of such firearms which are surrendered in accordance with the
arrangements.

(4) 30Regulations under subsection (3) must provide that a payment may only be
made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(5) Condition A is that possession of the firearm to which the claim relates will
35become unlawful by virtue of section 30 or 31.

(6) Condition B is that the person making the claim had and was entitled to have
the firearm in their possession on or immediately before 20th June 2018 by
virtue of a firearm certificate held by them or by virtue of being a registered
firearms dealer.

(7) 40Condition C is that—

(a) on or before 20th June 2018 the person making the claim had contracted
to acquire the firearm, and

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(b) that person was entitled to have the firearm in their possession after
that date by virtue of a firearm certificate held by them or by virtue of
being a registered firearms dealer.

(8) The provision that may be made by regulations under subsection (3)
5includes—

(a) other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of firearms
surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time
10within which claims must be made and the provision of information) in
respect of claims and for the determination of such claims.

35 Payments in respect of prohibited firearms which are bump stocks

(1) This section applies to firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968
15by section 30(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms
(Northern Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) by section 31(3).

(2) This section applies if the Secretary of State makes arrangements under section
33 for the surrender of firearms to which this section applies.

(3) 20The Secretary of State must by regulations provide for payments to be made in
respect of such firearms which are surrendered in accordance with the
arrangements.

(4) Regulations under subsection (3) must provide that a payment may only be
made to a person making a claim which meets—

(a) 25condition A,

(b) condition B or C, and

(c) condition D.

(5) Condition A is that possession of the firearm to which the claim relates will
become unlawful by virtue of section 30 or 31.

(6) 30Condition B is that the person making the claim had the firearm in their
possession on or immediately before 20th June 2018.

(7) Condition C is that on or before 20th June 2018 the person making the claim
had contracted to acquire the firearm.

(8) Condition D is that the person making the claim did not import the firearm into
35the United Kingdom on or after 4th December 2017.

(9) The provision that may be made by regulations under subsection (3)
includes—

(a) other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of firearms
40surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time
within which claims must be made and the provision of information) in
respect of claims and for the determination of such claims.

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36 Payments in respect of ancillary equipment

(1) The Secretary of State may by regulations provide for payments to be made in
respect of ancillary equipment of any description specified in the regulations.

(2) In subsection (1) “ancillary equipment” means equipment, other than
5prohibited ammunition, which—

(a) is designed or adapted for use in connection with firearms prohibited
by virtue of section 30 or 31, and

(b) has no practicable use in connection with any firearm which is not a
prohibited weapon.

(3) 10Regulations under subsection (1) must provide that a payment may only be
made to a person making a claim which meets—

(a) condition A, and

(b) where the claim is made in respect of ancillary equipment which is
ammunition, condition B.

(4) 15Condition A is that the person making the claim had the ancillary equipment
to which the claim relates in their possession—

(a) on or immediately before 20th June 2018, or

(b) after that date because they purchased it by virtue of a contract entered
into on or before that date.

(5) 20Condition B is that the possession of the ammunition by the person making the
claim was, at all material times, lawful by virtue of a firearm certificate held by
them or by virtue of being a registered firearms dealer.

(6) Regulations under subsection (1) may require, as a condition of eligibility for
receipt of payments in respect of any equipment—

(a) 25the surrender (whether to the police or any other person) of that
equipment in accordance with the regulations within a period specified
in the regulations,

(b) the disposal of that equipment by way of sale within a period so
specified, or

(c) 30either such surrender or such disposal of the equipment within a period
so specified.

(7) The provision that may be made by regulations under subsection (1)
includes—

(a) other provision restricting eligibility for receipt of payments, including
35provision restricting eligibility to claims made in respect of ancillary
equipment surrendered or disposed of within a period specified in the
regulations;

(b) provision about the procedure to be followed (including any time
within which claims must be made and the provision of information) in
40respect of claims and for the determination of such claims.

37 Interpretation of sections 30 to 36

(1) Any expression used in section 30, or in sections 33 to 36 as they apply in
relation to England and Wales and Scotland, and which is defined in the
Firearms Act 1968 has the same meaning as in that Act.

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(2) Any expression used in section 31, or in sections 33 to 36 as they apply in
relation to Northern Ireland, and which is defined in the Firearms (Northern
Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) has the same meaning as in that Order.

Supplementary

38 5Consequential amendments relating to armed forces

(1) Part 2 of Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences
that may be dealt with at a summary hearing only with permission) is
amended as follows.

(2) After paragraph 14 insert—

14A 10An offence under section 1(1A) of the Restriction of Offensive
Weapons Act 1959 (possession of flick knife, flick gun or gravity
knife).”

(3) After paragraph 16 insert—

16A An offence under section 141(1A) of the Criminal Justice Act 1988
15(possession of certain offensive weapons).”

(4) After paragraph 20 insert—

21 An offence under section 1(1) of the Offensive Weapons Act 2018
(sale of corrosive product to person under 18).

22 An offence under section 3(2) or (3) of the Offensive Weapons Act
202018 (delivery of corrosive product to residential premises or locker).

23 An offence under section 6(1) of the Offensive Weapons Act 2018
(possession of a corrosive substance in a public place).

24 An offence under section 17(2) or (3) of the Offensive Weapons Act
2018 (delivery of bladed product to residential premises or locker).”

39 25Regulations

(1) Any power or duty of the Secretary of State to make regulations under this Act
is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Act made by the
Secretary of State may not be made unless a draft of the instrument has been
30laid before, and approved by a resolution of, each House of Parliament.

(3) An order made by the Scottish Ministers under section 1(5)(c), 4(8)(c) or
20(8)(c) is subject to the negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).

(4) Regulations made by the Scottish Ministers under section 18(7) or 27(4) are
35subject to the affirmative procedure (see section 29 of the Interpretation and
Legislative Reform (Scotland) Act 2010).

(5) Any power or duty of the Department of Justice in Northern Ireland to make
regulations or an order under this Act is exercisable by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by
40statutory instrument).

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(6) No regulations may be made by the Department of Justice under this Act
unless a draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
5purposes of subsection (6) in relation to the laying of a draft as it applies in
relation to the laying of a statutory document under an enactment.

(8) Regulations or an order under this Act—

(a) may make different provision for different cases;

(b) may make transitional, transitory or saving provision;

(c) 10may make incidental, supplementary or consequential provision.

(9) Subsections (2) and (8) do not apply to regulations or an order under section 41.

40 Extent

(1) The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—

(a) 15sections 1 to 4;

(b) section 8;

(c) subsection (4) of section 15, and subsection (1) of that section so far as
relating to subsection (4) of that section;

(d) sections 17 to 20;

(e) 20section 21(1);

(f) subsection (3) of section 22, and subsection (1) of that section so far as
relating to subsection (3) of that section;

(g) subsection (4) of section 22, so far as it makes provision in relation to an
offence under section 50(2) or (3) of the Customs and Excise
25Management Act 1979, and subsection (1) of that section so far as
relating to that provision made by subsection (4);

(h) subsections (2) to (7) of section 24, and subsection (1) of that section so
far as relating to subsections (2) to (7) of that section;

(i) sections 26 and 27;

(j) 30sections 33 to 37;

(k) section 39;

(l) this section;

(m) sections 41 and 42;

(n) Schedule 1;

(o) 35paragraphs 1 to 6 of Schedule 2, and section 32 so far as relating to those
paragraphs.

(2) The following provisions of this Act extend to England and Wales and
Scotland only—

(a) subsection (2) of section 22, and subsection (1) of that section so far as
40relating to subsection (2) of that section;

(b) subsection (4) of section 22, so far as it makes provision in relation to an
offence under section 1(1) or (1A) of the Restriction of Offensive
Weapons Act 1959, and subsection (1) of that section so far as relating
to that provision made by subsection (4);

(c) 45section 30;

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(d) paragraphs 10 and 12 of Schedule 2, and section 32 and paragraph 9 of
that Schedule so far as relating to paragraphs 10 and 12 of that
Schedule.

(3) The following provisions of this Act extend to England and Wales and
5Northern Ireland only—

(a) section 13(3);

(b) section 23;

(c) subsections (8) to (11) and (15) of section 24, and subsection (1) of that
section so far as relating to subsections (8) to (11) and (15) of that
10section;

(d) subsections (3) to (7) of section 25, and subsection (1) of that section so
far as relating to subsections (3) to (6) of that section.

(4) The following provisions of this Act extend to England and Wales only—

(a) sections 8 to 10;

(b) 15section 13(1), (2) and (4) to (6);

(c) section 14;

(d) sections 28 and 29;

(e) paragraphs 7 and 8 of Schedule 2, and section 32 so far as relating to
those paragraphs.

(5) 20The following provisions of this Act extend to Scotland only—

(a) section 5;

(b) section 7;

(c) section 11;

(d) subsections (2) and (3) of section 15, and subsection (1) of that section
25so far as relating to subsections (2) and (3) of that section;

(e) subsections (12) to (14), (17) and (18) of section 24, and subsection (1) of
that section so far as relating to subsections (12) to (14) of that section;

(f) section 25(8) and (9).

(6) The following provisions extend to Northern Ireland only—

(a) 30section 12;

(b) section 16;

(c) section 21(2);

(d) section 22(5) to (7);

(e) section 24(16);

(f) 35subsection (2) of section 25, and subsection (1) of that section so far as
relating to subsection (2) of that section;

(g) section 31;

(h) paragraphs 11 and 13 of Schedule 2, and section 32 and paragraph 9 of
that Schedule so far as relating to paragraphs 11 and 13 of that
40Schedule.

(7) Section 38 extends to—

(a) England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

(c) the British overseas territories.

(8) 45The power under section 384(1) of the Armed Forces Act 2006 may be exercised
so as to extend to any of the Channel Islands any of the amendments of

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Schedule 1 to that Act made by section 38 of this Act (with or without
modifications).

(9) The power under section 384(2) of the Armed Forces Act 2006 may be exercised
so as to modify Schedule 1 to that Act as amended by section 38 as that section
5extends to the Isle of Man or the British overseas territories.

41 Commencement

(1) Subject to subsections (2), (3) and (5), this Act comes into force on such day as
the Secretary of State may by regulations appoint.

(2) The following provisions come into force, so far as extending to Scotland, on
10such day as the Scottish Ministers may by regulations appoint—

(a) section 5 to 7;

(b) section 11;

(c) section 15;

(d) sections 17 to 20;

(e) 15section 22 except so far as it makes provision in relation to an offence
under section 50(2) or (3) of the Customs and Excise Management Act
1979;

(f) sections 24 and 25.

(3) The following provisions come into force, so far as extending to Northern
20Ireland, on such day as the Department of Justice in Northern Ireland may by
order appoint—

(a) sections 1 to 4;

(b) section 6;

(c) section 12;

(d) 25sections 16 to 20;

(e) section 21(2);

(f) section 22(5) to (7);

(g) sections 23 to 25;

(h) Schedule 1.

(4) 30Different days may be appointed under subsection (1), (2) or (3) for different
purposes or areas.

(5) The following provisions of this Act come into force on the day on which this
Act is passed—

(a) sections 26 and 27;

(b) 35section 30(1);

(c) subsection (2) of section 30 so far as it has the effect of prohibiting—

(i) the purchase or acquisition of a weapon of a kind referred to in
that subsection, or

(ii) the manufacture, sale or transfer, or purchase or acquisition for
40sale or transfer, of such a weapon;

(d) subsection (3) of section 30 so far as it has the effect of prohibiting—

(i) the purchase or acquisition of a device of a kind referred to in
that subsection, or

(ii) the manufacture, sale or transfer, or purchase or acquisition for
45sale or transfer, of such a device;

Offensive Weapons BillPage 39

(e) subsection (4) of section 30 so far as it has the effect of prohibiting the
manufacture, sale or transfer, or purchase or acquisition for sale or
transfer, of a device of a kind referred to in that subsection;

(f) section 30(5) and (7)(a);

(g) 5section 31(1);

(h) subsection (2) of section 31 so far as it has the effect of prohibiting the
purchase or acquisition, or manufacture, sale or transfer, of a weapon
of a kind referred to in that subsection;

(i) subsection (3) of section 31 so far as it has the effect of prohibiting the
10purchase or acquisition, or manufacture, sale or transfer, of a device of
a kind referred to in that subsection;

(j) section 31(6)(a);

(k) sections 33 to 37;

(l) section 39;

(m) 15section 40;

(n) this section;

(o) section 42.

(6) The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
20this Act other than—

(a) a provision mentioned in subsection (2) so far as the provision extends
to Scotland, or

(b) a provision mentioned in subsection (3) so far as the provision extends
to Northern Ireland.

(7) 25The Scottish Ministers may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act mentioned in subsection (2) so far as the provision extends to Scotland.

(8) The Department of Justice in Northern Ireland may by order make transitional,
transitory or saving provision in connection with the coming into force of any
30provision of this Act mentioned in subsection (3) so far as the provision extends
to Northern Ireland.

42 Short title

This Act may be cited as the Offensive Weapons Act 2018.