|
|
| |
| |
|
| | “(a) | manufactures, sells, transfers, repairs, tests or proves firearms or |
|
| | ammunition to which section 1 of this Act applies or shot guns; |
|
| | |
| | (b) | sells or transfers air weapons.”.’. |
|
| |
| | Sales of air weapons by way of trade or business to be face to face |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| |
| | Specific defences applying to the offence under section 30 |
|
| |
| | |
| 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). |
|
| | |
| | (a) | the purposes of a museum or gallery that does not distribute any profits |
|
| | |
| | (b) | the purposes of theatrical performances and of rehearsals for such |
|
| | |
| | (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 (1) if— |
|
| | (a) | sufficient evidence of that matter is adduced to raise an issue with respect |
|
| | |
| | (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. |
|
| | |
| | “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— |
|
| | (a) | has as its purpose, or one of its purposes, the preservation, |
|
| | display and interpretation of material of historical, artistic or |
|
| | |
| | (b) | gives the public access to it.’. |
|
| |
| | Meaning of “realistic imitation firearm” |
|
| |
| | |
| 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 |
|
| | |
|
|
| |
| |
|
| | (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. |
|
| | |
| | “colour” is to be construed in accordance with subsection (9); |
|
| | “de-activated firearm” means an imitation firearm that consists in |
|
| | |
| | |
| | (b) | has been so rendered incapable of discharging a shot, bullet or |
|
| | other missile as no longer to be a firearm; |
|
| | |
| | (a) | a firearm of an actual make or model of modern firearm (whether |
|
| | existing or discontinued); or |
|
| | (b) | 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 |
|
| | |
| | (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.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In the Crossbows Act 1987 (c. 32), in the provisions mentioned in subsection (2), |
|
| | for “seventeen”, in each place it occurs, substitute “eighteen”. |
|
| | |
|
|
| |
| |
|
| | (a) | section 1 (sale and letting on hire); |
|
| | (b) | section 2 (purchase and hiring); |
|
| | (c) | section 3 (possession).’. |
|
| |
| | Corresponding provision for Northern Ireland |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Schedule (Weapons, etc.: corresponding provisions for Northern Ireland) |
|
| | (which makes provision for Northern Ireland corresponding to that made by the |
|
| | preceding provisions of this Part, other than sections (Prohibition on sale or |
|
| | transfer of air weapons except by registered dealers) to 28, 35 and (Power to |
|
| | search persons in attendance centres for weapons) has effect.’. |
|
| |
| | Continuity of sexual offences law |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies where, in any proceedings— |
|
| | (a) | a person (“the defendant”) is charged in respect of the same conduct both |
|
| | with an offence under the Sexual Offences Act 2003 (c. 42) (“the 2003 |
|
| | Act offence”) and with an offence specified in subsection (2) (“the pre- |
|
| | |
| | (b) | the only thing preventing the defendant from being found guilty of the |
|
| | 2003 Act offence is the fact that it has not been proved beyond a |
|
| | reasonable doubt that the time when the conduct took place was after the |
|
| | coming into force of the enactment providing for the offence; and |
|
| | (c) | the only thing preventing the defendant from being found guilty of the |
|
| | pre-commencement offence is the fact that it has not been proved beyond |
|
| | a reasonable doubt that that time was before the coming into force of the |
|
| | repeal of the enactment providing for the offence. |
|
| | (2) | The offences referred to in subsection (1)(a) are— |
|
| | (a) | any offence under the Sexual Offences Act 1956 (c. 69); |
|
| | (b) | an offence under section 4 of the Vagrancy Act 1824 (c. 83) (obscene |
|
| | |
| | (c) | an offence under section 28 of the Town Police Clauses Act 1847 (c. 89) |
|
| | |
| | (d) | an offence under section 61 or 62 of the Offences against the Person Act |
|
| | 1861 (c. 100) (buggery etc.); |
|
| | (e) | an offence under section 128 of the Mental Health Act 1959 (c. 72) |
|
| | (sexual intercourse with patients); |
|
|
|
| |
| |
|
| | (f) | an offence under section 1 of the Indecency with Children Act 1960 |
|
| | (c. 33) (indecency with children); |
|
| | (g) | an offence under section 4 or 5 of the Sexual Offences Act 1967 |
|
| | (procuring an man to commit buggery and living on the earnings of male |
|
| | |
| | (h) | an offence under section 9 of the Theft Act 1968 (c. 60) (burglary, |
|
| | including entering premises with intent to commit rape); |
|
| | (i) | an offence under section 54 of the Criminal Law Act 1977 (c. 45) |
|
| | (incitement of girl under 16 to commit incest); |
|
| | (j) | an offence under section 1 of the Protection of Children Act 1978 (c. 37) |
|
| | (indecent photographs of children); |
|
| | (k) | an offence under section 3 of the Sexual Offences (Amendment) Act |
|
| | 2000 (c. 44) (abuse of position of trust); |
|
| | (l) | an offence under section 145 of the Nationality, Immigration and Asylum |
|
| | Act 2002 (c. 41) (traffic in prostitution). |
|
| | (3) | For the purpose of determining the guilt of the defendant it shall be conclusively |
|
| | presumed that the time when the conduct took place was— |
|
| | (a) | if the maximum penalty for the pre-commencement offence is less than |
|
| | the maximum penalty for the 2003 Act offence, a time before the coming |
|
| | into force of the repeal of the enactment providing for the pre- |
|
| | commencement offence; and |
|
| | (b) | in any other case, a time after the coming into force of the enactment |
|
| | providing for the 2003 Act offence. |
|
| | (4) | In subsection (3) the reference, in relation an offence, to the maximum penalty is |
|
| | a reference to the maximum penalty by way imprisonment or other detention that |
|
| | could be imposed on the defendant on conviction of the offence in the |
|
| | |
| | (5) | A reference in this section to an offence under the Sexual Offences Act 2003 |
|
| | (c. 42) or to an offence specified in subsection (2) includes a reference to— |
|
| | (a) | inciting the commission of that offence; |
|
| | (b) | conspiracy to commit that offence; and |
|
| | (c) | attempting to commit that offence; |
|
| | | and, in relation to an offence falling within paragraphs (a) to (c), a reference in |
|
| | this section to the enactment providing for the offence so falling has effect as a |
|
| | reference to the enactment providing for the offence under that Act or, as the case |
|
| | may be, for the offence so specified. |
|
| | (6) | This section applies to any proceedings, whenever commenced, other than |
|
| | proceedings in which the defendant has been convicted or acquitted of the 2003 |
|
| | Act offence or the pre-commencement offence before the commencement of this |
|
| | |
| |
|
|
| |
| |
|
| | Provisions relating to the Scottish Parliament |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The 1968 Act can be amended by the Scottish Parliament to introduce— |
|
| | (a) | a licensing scheme for the sale or hire of air weapons or ammunition for |
|
| | |
| | (b) | a licensing scheme for the purchase or possession of air weapons or |
|
| | ammunition for air weapons; |
|
| | (c) | a ban or restriction on the sale, hire, purchase or possession of air |
|
| | weapons or ammunition for air weapons.’. |
|
| |
| | Matters relating to Scotland |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 26 and 27 so far as they extend to Scotland shall be regarded as within the |
|
| | legislative competence of the Scottish Parliament. |
|
| | (2) | The Scotland Act 1998 shall be amended as follows— |
|
| | (3) | In Schedule 5, Head B4, after “1997”, insert— |
|
| | |
| | | Regulation or control of the sale, possession or purchase of air |
|
| | weapons, or ammunition for air weapons.”.’. |
|
| |
| | Offences against ‘public servants’ |
|
| |
| | |
| To move the following Clause:— |
|
|