Memorandum submitted by the Shooting Sports
Trust and the Gun Trade Association Ltd
INTRODUCTION
1. The two organisations named above represent
the shooting industry throughout the United Kingdom. We have been
aware of proposals by the Northern Ireland Office to review the
Firearms (Northern Ireland) Order 1981. Written submissions were
made in 1998 to those conducting the review and our representatives
have been received in consultation. An earlier submission was
made to the Committee, but that has now been overtaken by the
publication of the draft Firearms (Northern Ireland) Order. Having
considered that draft in the light of our earlier comments we
offer this second submission, which should entirely replace the
original document.
2. The law in Northern Ireland is based
very broadly on legislation in England, Wales and Scotland but
there are differences that may be entirely appropriate because
of different circumstances. Northern Ireland is not unique in
that respect. The laws in the Channel Islands and the Isle of
Man follow the general principles of the law in Great Britain
but contain significant differences. Whilst compatibility is desirable,
there is no need for slavish adherence to a British system which
has been built up piecemeal over the years, which contains many
anomalies and is subject to considerable criticism.
REGISTRATION OF
FIREARMS DEALERS
3. The new Order removes the archaic and
confusing system in use in Great Britain in which the status of
a registered firearms dealer depends entirely on an entry in a
book that he does not see. The introduction of the dealer's certificate
will simplify the process and is to be welcomed.
4. It is noted that the certificate is to
be valid for five years, consistent with the life of other certificates,
but there is no reason why the certificate should not be valid
until revoked or surrendered. Unlike firearm certificate holders,
dealers are subject to frequent and detailed police inspections
and their status is subject to continuous review. The slightest
cause for concern provokes an immediate police response, which
in most cases is by way of advice but police powers of supervision,
control and revocation are so extensive that remedial action by
way of additional conditions or even revocation follows any cause
for concern that is not immediately rectified.
5. Reliance on renewal or re-issue procedures
every five years could, in the case of dealers, amount to closing
the stable door after the horse has bolted and the system therefore
achieves nothing that is not better achieved by the process of
continuous review which currently operates on a de facto
basis.
6. In Article 2, the definition of "firearms
dealer" does not include purchasing or acquiring firearms,
though Paragraph 1 of Schedule 1 provides for a person who holds
a firearms dealer's certificate to purchase or acquire without
holding a firearm certificate. It would be more consistent if
the definition was extended to include the activities of purchasing
or acquiring in the definition of a dealer.
7. At Article 22(1) (c) the Order requires
an applicant to supply the information required by the form and
to comply with other requirements on the form. There is no indication
about who should devise or specify the form. The Secretary of
State should specify forms after consultation.
8. Article 23 provides that the Chief Constable
MAY grant a certificate if he is satisfied that the statutory
requirements are met. The law in Great Britain provides that he
SHALL grant a certificate if he is satisfied that all conditions
are met. The change to MAY could have quite serious consequences.
The law sets out the criteria and they allow enormous discretion
on the part of the police, but the Order appears to leave a residual
power with the Chief Constable which might be based on whim and
which the right of appeal does not correct.
9. The power to impose conditions does not
seem to be circumscribed in any way except by the right of appeal.
It is assumed that guidance will be provided on this issue, and
that there will be consultation on the guidance. A condition might
have very serious consequences for a dealer's livelihood and it
does not seem appropriate to allow the immediate imposition of
conditions without representations. It is suggested that the notice
in writing referred to in Article 24(2) should be of not less
than 21 days.
10. Article 26 makes necessary provision
for the revocation of a dealer's certificate and appears to envisage
two different sets of circumstances. One is where there is danger
to public safety and the other where, technically, the dealer
may no longer fit the definition. The two should be separated
and Article 26(1) should deal with danger to public safety and
the person not being fit to carry on business, whilst (2) should
deal with the remainder.
11. The revocation of a dealer's certificate
will inevitably put that man out of business, at least until his
appeal is heard and if a dealer were to win an appeal it would
be extremely difficult for him to get back into a business which
depends more than most on confidence. Whilst cases will arise
in which there is real and immediate danger to public safety,
the vast majority of revocations will not fall into that class.
The Order requires "reasonable notice in writing", but
that is too vague and a specific time should be laid down, 21
days being the most appropriate.
12. Provision is made for the dealer to
retain his stock of firearms and ammunition and his dealer's certificate
if he gives notice of appeal. On the face of it, this seems to
allow him to continue trading, but that should be spelled out
in the Order.
13. Exceptionally, where there is real and
immediate danger to public safety, immediate action may be in
the public interest. Most such cases will involve criminal activity
and other aspects of the criminal law will authorise warrants
to arrest, search and seize. There may be a case for giving the
police access to the courts for authority for immediate revocation
in limited and special circumstances. The person concerned should
obviously have a right to be heard in such an application.
14. The substitution of a period of 21 days
for "reasonable notice in writing" should also be made
in Article 29.
NOTIFICATION OF
TRANSACTIONS
15. Article 38(2) creates a complication
by requiring a dealer to see the firearm certificate when a person
hands over a firearm for repair (etc). A firearm taken in for
repair may in some cases be held by the dealer for a lengthy period
and it is more appropriate that he be required to see the certificate
before he returns the firearm. The firearm is lawfully held so
long as the dealer has it and there is no purpose in seeing the
certificate when it is taken in.
16. There may be an omission in the draft
Order. Article 21(1) re-enacts Article 4(1) of the 1981 Order
and Section 3(1) of the Firearms Act 1968, but there is no second
paragraph in the new Draft as there is in the old and there seems
to be no offence of selling, transferring (etc) to a person who
is not the holder of a certificate.
17. Article 41 appears to require notification
of dealer-to-dealer transactions. Such notification is not required
in Britain and given the extensive nature of dealer's records
and their inspection by the police such notification serves no
purpose.
18. Article 41 also requires that notification
of transactions be supplied to the police within 72 hours of the
transaction. The Firearms (Amendment) Act 1997, Section 33 (2)
allows seven days for this notification and this may be a more
appropriate time-scale.
19. The particulars to be recorded in the
register of transactions specified in Schedule 2 could be much
improved. No 2 seems to be related to sellers and transferors
and it should be clear that it relates also to items accepted
for repair, storage etc. A better phrase might be "coming
into his possession in the course of his business". Similarly,
at No 3, "sold or transferred" may not cover all transactions
in which the dealer parts with possession temporarily. At No 4,
items may be held in stock that are not for sale or transfer but
which should be recorded. Finally, the terms "quantities"
and "description" should be defined.
DEFINITION OF
FIREARM
20. To be a firearm in law a device has
to be "lethal". The Home Office has suggested that any
missile projected at less than one joule could not be lethal,
but the Northern Ireland Forensic Science Laboratory has researched
the question and has suggested three to four joules as the threshold.
There seems to be an acceptance of the Home Office position, but
the term lethal is not defined in the Order and must therefore
be applied subjectively. Uncertainty remains and the term "lethal"
should be defined in the Order.
21. The proposed definition of component
part goes a long way towards resolving the long-standing problems,
but some concerns remain. Magazines are usually replaceable and
interchangeable items and a magazine firearm can be fired with
our without its magazine, though reloading is slowed if there
is no magazine. A magazine is not in fact a component and it is
stretching the law to try to include it in legislation by means
of a definition. Magazines have never been regarded as component
parts in Great Britain and their inclusion in the Order conflicts
with the advice in Home Office Guidance to the Police at Para
13.70.
22. We are also concerned that the proposed
definition is more complex than necessary and believe that it
could be restricted to the reference to pressure bearing parts
to be found at (d) in the proposed definition.
HANDGUNS
23. The Draft Order contains no proposal
to prohibit handguns. We support that decision and do not propose
to comment further.
PROHIBITED WEAPONS
24. The Draft Order proposes to impose on
Northern Ireland the extraordinary list of firearms that are prohibited
in Great Britain. This list has grown in a haphazard manner as
a result of hasty legislation imposed without consultation. In
no case has there been a statement setting out the problem to
be addressed or the aims of a particular prohibition and in no
case has there been a review of the prohibitions. Existing law
in Great Britain is virtually unintelligible and it seems quite
wrong to impose it en masse in Northern Ireland without justifying
each class of firearms or ammunition that is to be prohibited.
With the exception of fully automatic weapons and "gas"
weapons, Northern Ireland seems to have managed very well without
this mass of legislation (see Article 6 of the 1981 Order).
SHOTGUNS
25. The Draft Order makes no attempt to
differentiate between "ordinary" shotguns (ie those
that in Great Britain fall into Section 2 of the Firearms Act
1968) and firearms such as rifles and pistols. Northern Ireland
has a higher level of shotgun ownership than Great Britain and,
as in Britain, the level of shotgun misuse is low and falling.
It should have been possible to develop a system under which such
shotguns could be owned by way of initial vetting and then declaration
of purchases as is the case in Great Britain and as is envisaged
in the EC Directive. A single certificate could encompass two
classes of firearm.
26. The number of shotgun cartridges used
each year is enormous and the system of regulating their purchase
by numbers and requiring entries in certificates (etc) serves
no useful purpose. It would be appropriate to allow those who
had a certificate authorising their possession of shotguns to
purchase ammunition with no added bureaucracy.
AIRGUNS
27. Schedule 1 (9) seeks to exempt any airgun
generating less than one joule of muzzle energy from the need
for a certificate. Such airguns are not firearms in law since
they are not lethal. The Order cannot provide an exemption for
something to which the Order does not apply.
28. In Britain airguns that develop muzzle
energies of less than six foot pounds in the case of air pistols
or twelve foot pounds in the case of air rifles are loosely known
as low powered airguns and are considered to be firearms for many
of the purposes of the Firearms Acts including possession by convicted
persons or young people, use in crime, carriage in public etc,
but they are exempt from the licensing process. There are about
six million airguns in circulation in Great Britain. Three hundred
million (300,000,000) airgun pellets are sold through registered
firearms dealers each year with a slightly smaller number sold
through other sources to give a total of about half a billion.
The trade provides jobs for over 1,000 people.
29. Competitive airgun shooting in clubs,
including clubs run by Scouts, pony clubs etc, involves only about
7 per cent of airgun owners. Airguns are also used for serious
pest control by a significant group of owners, but far the largest
group of users consists of those whose primary reason for owning
an airgun is informal target practice in the home, garden or on
other private property, often as a means of providing essential
training to young people.
30. Like every other implement that is used,
airguns are capable of misuse, but in terms of proportionate risk,
many other objects that are acceptable to society cause infinitely
more harm than airguns. Cycles are, perhaps, a classic example.
Fatalities in England and Wales arising from airgun use have totalled
five in the past ten years, thus one billion pellets are fired
for every death that might result.
31. Surveys of cases in which airguns have
been misused point to a lack of enforcement of existing restrictions
on use by young people, and possession of airguns in public places
and to the need to consider social and educational remedies.
32. The Draft Order proposes that in Northern
Ireland airguns remain subject to the full rigours of firearm
certificate procedures and it is suggested that this is disproportionate
to the problem. Whilst there is a very strong case for maintaining
a body of law that controls those shown to generate the greater
proportion of the risk, including unsupervised young people, we
believe that the imposition of full certificate procedures on
airguns is disproportionate.
33. Misuse of airguns is almost entirely
restricted to young people and we believe that this problem is
small and could be tackled in a number of ways. We accept that
the Committee might be reluctant to increase access to airguns
by young people or reduce supervision requirements but such reservations
cannot sensibly be applied to adults.
34. We believe that particularly in respect
of adults, all requirements for a firearm certificate for low
powered airguns could be removed without any prejudice to public
safety. At the very least, the acquisition of airguns should be
subject only to a requirement to notify rather than to prior authorisation
by the police.
35. It is noted that airgun ammunition (which
is generally no more than a small piece of shaped lead) is now
to be exempt from certificate control and that is to be welcomed.
TEST OF
COMPETENCE
36. Article 5(2) (c), taken with Schedule
one, Paragraph 12 appears to envisage that licensed firearms dealers
and persons authorised by the chief constable will be responsible
for providing evidence of competence in the use of firearms unless
there is other compelling evidence to persuade the chief constable
that the person is already competent. Those who are members of
clubs (either authorised firearms clubs or clay pigeon clubs)
will receive instruction from competent individuals in the normal
course of events and the present system by which people are introduced
into the sport of game shooting or the task of vermin control
are supervised by others has worked very well. There are few instances
when proper instruction is not given and there is no need for
formal arrangements. In isolated cases, the police may ask a novice
how he proposes to receive instruction and will offer advice where
necessary. In rare cases, the chief constable might impose a condition
on a certificate requiring that instruction be arranged.
37. There is considerable concern that these
provisions will create a quite unnecessary industry in this field
with individuals seeking to profit from the requirement. There
is also considerable concern that a dealer who undertakes this
may incur a significant liability for the future actions of the
person he has certified as competent.
BORROWING FIREARMS
38. The Order proposes that a non certificate
holder who is aged 18 or over would be able to borrow a shotgun
from the occupier of private premises and use it on those premises
in the occupier's presence. Except for the age provisions, which
are discussed elsewhere, this Article is identical with that in
the Firearms Act and requires that the lender must be the occupier
of land. This might mean that a father could not lend a shotgun
to his son or to a guest unless he was on his own land. It is
difficult to understand why an adult certificate holder who is
lawfully on private premises (perhaps as a guest of the occupier)
cannot lend a shotgun to another guest, provided that the shotgun
was used in the presence of a certificate holder. In the case
of young people, a provision for supervision by an adult certificate
holder would also be appropriate.
39. A provision allowing the supervised
borrowing of sporting rifles in the terms suggested above would
do much to reduce bureaucracy and create no hazard to public safety.
AGES
40. The Draft Order proposes some changes
to the law relating to the use of various classes of firearm by
children and young people, with or without supervision. The end
product is inconsistent and extremely complex. It is accepted
that no one under 17 should be permitted to purchase firearms
or ammunition of any class, and it is further accepted that no
one under 14 should have any class of firearm except when he is
under the direct supervision of a person over 21. It is also accepted
that only in the most limited circumstances (for example recreational
facilities specified in Schedule 1 Paragraph 8) should a young
person aged 14 to 17 be permitted to have a firearm in a public
place unless it is in a case or cover so that it can not be used.
41. There is, however, a very strong case
for allowing young people to have access to firearms under supervision
at an early age. The youngest Gold Medal winner in the recent
Commonwealth Games was a girl of just fifteen who won a clay target
shooting Gold Medal. She had already been shooting for many years.
Many young people take part in clay pigeon shooting and game shooting
well before they are 18 years of age. That practice has not caused
a single identifiable problem.
42. Amongst the anomalies created by the
Order, it is proposed that a member of a firearms club can compete
at any age, but a member of a clay pigeon club could not even
start shooting until he was 18. A person of 16 might shoot game
when under supervision, but could not shoot clay pigeons. A person
who happens to live on a farm might use a shotgun or a .22 rifle
on the land, but the son of the owner of the land who lives close
by cannot.
43. The provisions are inconsistent, lacking
in logic, unfair and not directed at any identifiable objective.
They should be revised to provide just two age limits and one
set of rules for all.
ANTIQUE FIREARMS
44. The Firearms Act provides no clear definition
of the term "antique firearm" in Britain, but Home Office
guidance has been widely accepted and the practice in Britain
now causes very few difficulties. Firm definitions have been mooted
from time to time, but any strict line appears to cause more problems
than it solves, particularly with the passage of time. It may
be that Home Office guidance would be acceptable to the authorities
in Northern Ireland.
GUIDANCE
45. In Britain, the Home Office has issued
detailed guidance to the police on the administration of firearms
legislation and the Stationery Office publishes this guidance.
This makes the system much more open than it has been in the past
and does much to avoid inconsistencies and unfairness. The system
would be useful in Northern Ireland.
HUMAN RIGHTS
46. The nature of firearms legislation is
such that there is a high risk of conflict with the Human Rights
Act 1998. Any new Order and any guidance should be carefully monitored
to ensure compatibility with the Act. The current issue of Home
Office Guidance was subject to such scrutiny, resulting in significant
changes in advice on the duty of the police and the approach they
should take.
CONCLUSION
47. Within the limits imposed on any written
submission in such a complex area, we have highlighted what are
seen as important aspects of the Draft Order. We shall be pleased
to amplify any of the points we have made, to answer any questions
that may be raised, and to assist the Committee in any way that
we can.
7 October 2002
FALL IN THE USE OF SHOTGUNS IN CRIME
The following table shows figures taken the
Annual Criminal Statistics for England and Wales published by
the Home Office.
HOMICIDES
| Year | Total Homicide
| Total Firearms+ |
Shotgun | Sawn-off Shotgun
| Pistol |
| 1980 | 621 |
24 | 11
| 1 | 8
|
| 1981 | 556 |
34 | 21
| - | 11
|
| 1982 | 618 |
46 | 28
| 7 | 9
|
| 1983 | 552 |
42 | 27
| 5 | 8
|
| 1984 | 619 |
67 | 34
| 7 | 21
|
| 1985 | 625 |
45 | 22
| 7 | 8
|
| 1986 | 660 |
51 | 31
| 6 | 10
|
| 1987 | 686 |
77 | 33
| 10 | 10
|
| 1988 | 645 |
36 | 19
| 8 | 7
|
| 1989 | 622 |
45 | 19
| 7 | 13
|
| 1990 | 661 |
60 | 25
| 8 | 22
|
| 1991 | 725 |
55 | 25
| 7 | 19
|
| 1992 | 681 |
56 | 20
| 5 | 28
|
| 1993 | 675 |
74 | 29
| 10 | 35
|
| 1994 | 727 |
66 | 22
| 14 | 25
|
| 1995 | 753 |
70 | 18
| 10 | 39
|
| 1996 | 679 |
49 | 9
| 8 | 30
|
| 1997 | 753 |
59 | 12
| 4 | 39
|
| 1998* | 731 |
49 | 4
| 7 | 32
|
| 1999* | 761 |
62 | 6
| 13 | 42
|
| 2000* | 850 |
73 | 12
| 2 | 47
|
+The total firearms column includes a small number of "other
firearms" that do not appear in the following columns.
* From 1998 the figures are for the financial year to 1 April
of the following year.
ROBBERIES
| Year | TotalRobbery
| Firearms Robbery+ |
Shotgun | Sawn-off Shotgun
| Pistol |
| 1980 | 15,006
| 1,149 | 127
| 181 | 529
|
| 1981 | 20,282
| 1,893 | 262
| 292 | 1,001
|
| 1982 | 22,837
| 2,560 | 364
| 372 | 1,440
|
| 1983 | 22,119
| 1,957 | 269
| 342 | 1,011
|
| 1984 | 24,890
| 2,098 | 216
| 378 | 1,106
|
| 1985 | 27,463
| 2,539 | 282
| 399 | 1,221
|
| 1986 | 30,020
| 2,651 | 256
| 471 | 1,196
|
| 1987 | 32,633
| 2,831 | 280
| 450 | 1,374
|
| 1988 | 31,437
| 2,688 | 241
| 451 | 1,321
|
| 1989 | 33,163
| 3,390 | 280
| 524 | 1,772
|
| 1990 | 36,195
| 3,939 | 280
| 448 | 2,233
|
| 1991 | 45,323
| 5,296 | 381
| 650 | 2,988
|
| 1992 | 52,894
| 5,827 | 406
| 602 | 3,544
|
| 1993 | 57,845
| 5,918 | 437
| 593 | 3,605
|
| 1994 | 60,007
| 4,104 | 274
| 373 | 2,390
|
| 1995 | 68,074
| 3,963 | 235
| 281 | 2,478
|
| 1996 | 74,035
| 3,617 | 224
| 232 | 2,316
|
| 1997 | 63,072
| 3,029 | 121
| 178 | 1,854
|
| 1998* | 66,172
| 2,973 | 138
| 193 | 1,814
|
| 1999* | 84,277
| 3,922 | 138
| 217 | 2,561
|
| 2000* | 95,154
| 4,081 | 98
| 199 | 2,700
|
+The firearms robbery column includes a small number of "other
firearms" that do not appear in the following columns.
* From 1998 the figures are for the financial year to 1 April
of the following year.
Both these tables show a very significant trend away from
the use of shotguns and towards the use of pistols. To put the
figures into perspective, the number of shotguns in licensed hands
in England and Wales is now 1,327,839. The number of Section one
firearms is 296,282 of which probably no more than 1,000 are pistols
remain. For every legally held pistol still in private hands there
are at least 1,328 shotguns and 200 rifles.
| 
