|
Prohibition on sale or transfer of air weapons except by registered dealers
Hazel Blears
NC17
To move the following Clause:—
'(1) In subsection (1) of section 3 of the 1968 Act (offence for a person other than a registered firearms dealer to sell etc. a firearm or ammunition by way of trade or business), at the end of paragraph (b) insert "or
| (c) | sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,". |
(2) In section 40(2) of that Act (which excludes air weapons from the requirements to keep a register of transactions), omit the words from "to firearms" to "therein".
(3) In section 57(4) of that Act (interpretation), in the definition of "firearms dealer", for the words from "manufactures" onwards substitute—
| "(a) | manufactures, sells, transfers, repairs, tests or proves firearms or ammunition to which section 1 of this Act applies or shot guns; or |
| (b) | sells or transfers air weapons.".'. |
Sales of air weapons by way of trade or business to be face to face
Hazel Blears
NC18
To move the following Clause:—
'(1) This section applies where a person sells an air weapon by way of trade or business to an individual in Great Britain who is not registered as a firearms dealer.
(2) A person is guilty of an offence if, for the purposes of the sale, he transfers possession of the air weapon to the buyer otherwise than at a time when both—
| (b) | either the seller or a representative of his, |
(3) The reference in subsection (2) to a representative of the seller is a reference to—
| (a) | a person who is employed by the seller in his business as a registered firearms dealer; |
| (b) | a registered firearms dealer who has been authorised by the seller to act on his behalf in relation to the sale; or |
| (c) | a person who is employed by a person falling within paragraph (b) in his business as a registered firearms dealer. |
(4) A person guilty of an offence under this section shall be liable—
| (a) | on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both; and |
| (b) | on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both. |
(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c.44), the reference in subsection (4)(a) of this section to 51 weeks is to be read as a reference to 6 months.'.
Minimum sentence for certain firearms offences
Hazel Blears
NC19
*To move the following Clause:—
'(1) The 1968 Act is amended as follows.
(2) In section 51A (which imposes minimum sentence requirements for certain offences involving the possession of various firearms), in subsection (1)—
| (a) | in paragraph (a)(ii), for "and" substitute "or"; |
| (b) | after paragraph (a)(ii) insert— |
"(iii) an offence under any of the provisions of this Act listed in subsection (1A) in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of this Act, and".
(3) After that subsection insert—
"(1A) The provisions are—
| (a) | section 16 (possession of firearm with intent to injure); |
| (b) | section 16A (possession of firearm with intent to cause fear of violence); |
| (c) | section 17 (use of firearm to resist arrest); |
| (d) | section 18 (carrying firearm with criminal intent); |
| (e) | section 19 (carrying a firearm in a public place); |
| (f) | section 20(1) (trespassing in a building with firearm)." |
(4) In Schedule 6 (prosecution and punishment of offences) in column 3, in paragraph (a) of the entries relating to sections 19 and 20(1), after "Summary", in each place, insert "except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), or (af) or section 5(1A)(a) of this Act."
(5) This section applies only to offences committed after the commencement of this section.'.
Specific defences applying to the offence under section 30
Hazel Blears
NC20
*To move the following Clause:—
'(1) It shall be a defence for a person charged with an offence under section 30 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).
(2) Those purposes are—
| (a) | the purposes of a museum or gallery that does not distribute any profits it makes; |
| (b) | the purposes of theatrical performances and of rehearsals for such performances; |
| (c) | the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c.48) - see section 5B of that Act); |
| (d) | the production of television programmes (within the meaning of the Communications Act 2003 (c.21) - see section 405(1) of that Act); |
| (e) | the purposes of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State. |
(3) For the purposes of this section a person shall be taken to have shown a matter specified in subsection (20 (1) if—
| (a) | sufficient evidence of that matter is adduced to raise an issue with respect to it; and |
| (b) | the contrary is not proved beyond a reasonable doubt. |
(4) The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5) That power includes power—
| (a) | to make different provision for different cases; |
| (b) | to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and |
| (c) | to make such incidental, supplemental, consequential and transitional provision as he thinks fit. |
(6) In this section—
"historical re-enactment" means any presentation or other event held as a re-enactment of an historical event;
"museum or gallery" includes any institution which—
| (c) | has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and |
| (d) | gives the public access to it.'. |
Meaning of "realistic imitation firearm"
Hazel Blears
NC21
*To move the following Clause:—
'(1) In section 30 "realistic imitation firearm" means an imitation firearm which—
| (a) | has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and |
| (b) | is neither a de-activated firearm nor itself an antique. |
(2) For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—
| (b) | on a close examination; or |
| (c) | as a result of an attempt to load or to fire it. |
(3) In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—
| (a) | the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and |
| (b) | the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm. |
(4) The Secretary of State may by regulations provide that, for the purposes of subsection (3)(b)—
| (a) | the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and |
| (b) | a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations. |
(5) The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) That power includes power—
| (a) | to make different provision for different cases; |
| (b) | to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and |
| (c) | to make such incidental, supplemental, consequential and transitional provision as he thinks fit. |
(7) In this section—
"colour" is to be construed in accordance with subsection (9);
"de-activated firearm" means an imitation firearm that consists in something which—
| (f) | has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm; |
| (g) | a firearm of an actual make or model of modern firearm (whether existing or discontinued); or |
| (h) | something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance. |
(8) In subsection (7) "modern firearm" means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.
(9) References in this section, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.
(10) Section 8 of the Firearms (Amendment) Act 1988 (c.45) (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this section as it applies for the purposes of the 1968 Act.'.
|
