sc102510.96-102

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.Standing Committee Proceedings: 25th October 2005
96

Violent Crime Reduction Bill, continued

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  238

Clause  29,  page  31,  line  14,  after ‘firearm’, insert ‘or a shotgun’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  248

Clause  29,  page  31,  line  15,  leave out ‘he produces’ and insert ‘he shows that he is

the holder of’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  249

Clause  29,  page  31,  line  15,  after ‘certificate’, insert ‘on initial purchase and shows

that he is the holder of a certificate on any subsequent purchase from the same vendor’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  239

Clause  29,  page  31,  line  16,  after ‘firearm’, insert ‘or a shotgun’.

Hazel Blears

Agreed to  95

Clause  29,  page  31,  line  16,  at end insert—

‘()
he shows that he is a person in the service of Her Majesty who is entitled

under subsection (4A) to acquire an ammunition loading press;’.

Hazel Blears

Agreed to  96

Clause  29,  page  31,  line  18,  after ‘enactment’, insert ‘and otherwise than by virtue

of being a person in the service of Her Majesty’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  240

Clause  29,  page  31,  line  19,  after ‘firearm’, insert ‘or a shotgun’.

Hazel Blears

Agreed to  97

Clause  29,  page  31,  line  19,  leave out ‘such ammunition’ and insert ‘ammunition

for a firearm’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  241

Clause  29,  page  31,  line  21,  after ‘firearm’, insert ‘or a shotgun’.

S.C.B.Standing Committee Proceedings: 25th October 2005
97

Violent Crime Reduction Bill, continued

Lynne Featherstone

John Thurso

Not called  157

Clause  29,  page  31,  line  23,  after ‘person’, insert ‘knowingly’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  250

Clause  29,  page  31,  line  28,  leave out ‘he holds’ and insert ‘he shows that he is the

holder of’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  251

Clause  29,  page  31,  line  28,  leave out ‘he holds’ and insert ‘he produces’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  252

Clause  29,  page  31,  line  28,  after ‘certificate’, insert ‘on initial purchase and shows

that he is the holder of a certificate on any subsequent purchase from the same vendor’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  242

Clause  29,  page  31,  line  28,  after ‘firearm’, insert ‘or a shotgun’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  253

Clause  29,  page  31,  line  29,  leave out ‘he holds’ and insert ‘he shows that he is the

holder of’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  254

Clause  29,  page  31,  line  29,  leave out ‘he holds’ and insert ‘he produces’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  255

Clause  29,  page  31,  line  29,  after ‘certificate’, insert ‘on initial purchase and shows

that he is the holder of a certificate on any subsequent purchase from the same vendor’.

S.C.B.Standing Committee Proceedings: 25th October 2005
98

Violent Crime Reduction Bill, continued

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  243

Clause  29,  page  31,  line  30,  after ‘firearm’, insert ‘or a shotgun’.

Hazel Blears

Agreed to  98

Clause  29,  page  31,  line  30,  at end insert—

‘()
he is a person in the service of Her Majesty who is entitled under

subsection (4A) to acquire an ammunition loading press;’.

Hazel Blears

Agreed to  99

Clause  29,  page  31,  line  32,  after ‘enactment’, insert ‘and otherwise than by virtue

of being a person in the service of Her Majesty’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  244

Clause  29,  page  31,  line  32,  after ‘firearm’, insert ‘or a shotgun’.

Hazel Blears

Agreed to  100

Clause  29,  page  31,  line  32,  leave out ‘such ammunition’ and insert ‘ammunition

for a firearm’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  245

Clause  29,  page  31,  line  35,  after ‘firearm’, insert ‘or a shotgun’.

Hazel Blears

Agreed to  101

Clause  29,  page  31,  line  37,  at end insert—

‘(4A)
A person who is in the service of Her Majesty is entitled to acquire an ammunition

loading press if—

(a)
he is duly authorised in writing to acquire firearms and ammunition for

the public service; or

(b)
he is a person who is authorised to purchase a firearm or ammunition by

virtue of a certificate issued in accordance with section 54(2)(b) of the

1968 Act (certificates for persons in naval, military or air service of Her

Majesty).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  256

Clause  29,  page  31,  line  37,  at end insert—

‘(4A)
On prosecution for an offence under subsection (1), it shall be a defence for a

person to show that—

S.C.B.Standing Committee Proceedings: 25th October 2005
99

Violent Crime Reduction Bill, continued

(a)
he did not know that what he was selling was an object of a description

covered by subsection (1); or

(b)
he believed, on reasonable grounds, that the person to whom he sold the

object was a person covered by subsection (2).

(4B)
On prosecution for an offence under subsection (3), it shall be a defence for a

person to show that—

(a)
he did not know that what he was buying was an object of a description

covered by subsection (1); or

(b)
he reasonably believed that he was a person covered by subsection (4).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  257

Clause  29,  page  32,  line  2,  at end insert ‘but nothing in this section relating to

ammunition loading presses shall apply to an antique loading press which is sold,

transferred, purchased, acquired or possessed as a curiosity or ornament.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  258

Clause  29,  page  32,  line  3,  at end insert—

‘(8)
The Secretary of State shall provide for payment of compensation in respect of

loss suffered or costs incurred in consequence of the exercise of a power

conferred by or under this section.’.

Clause, as amended, Agreed to on division.

Hazel Blears

Agreed to  300

Clause  30,  page  32,  line  8,  leave out ‘a firearm or’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Withdrawn  259

Clause  30,  page  32,  line  10,  after ‘firearm’, insert ‘in Great Britain’.

Hazel Blears

Agreed to  259

That the Order of the Committee of 13th October be amended, in paragraph (2), by

leaving out ‘7.00 p.m.’ and inserting ‘10.00 p.m.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  260

Clause  30,  page  32,  line  12,  after ‘Britain’, insert ‘for the purposes of sale or

distribution’.

S.C.B.Standing Committee Proceedings: 25th October 2005
100

Violent Crime Reduction Bill, continued

Hazel Blears

Agreed to  301

Clause  30,  page  32,  line  12,  at end insert—

‘()
Subsection (1) has effect subject to the defences in section (Specific defences

applying to the offence under s. 30).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  55

Clause  30,  page  32,  line  13,  leave out ‘may’ and insert ‘shall’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  262

Clause  30,  page  32,  line  13,  after ‘regulations’, insert ‘, following proper

consultation and consideration with a working group consisting of a wide spread of expert

practitioners,’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  263

Clause  30,  page  32,  line  15,  after ‘(1)’, insert ‘with the burden of proving that a

person does not fall within one of these exemptions lying with the prosecution’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Withdrawn  54

Clause  30,  page  32,  line  17,  at end insert—

‘(c)
provide that the manufacture, modification or sale of an item for the

purpose of display for educational or cultural purposes shall be exempt

from the provisions of subsection (1)(c).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  265

Clause  30,  page  32,  line  17,  at end insert—

‘(c)
provide that the manufacture, modification, sale or bringing into the

United Kingdom of a realistic imitation firearm or component part for the

purpose of display only for educational, cultural or theatrical purposes

shall be exempt from the offence under subsection (1); and

(d)
provide that the manufacture, modification, sale or bringing into the

United Kingdom of a realistic imitation firearm or component part for the

purposes listed in Schedule ( ) be exempt from the offence under

subsection (1).’.

Hazel Blears

Agreed to  302

Clause  30,  page  33,  line  1,  leave out subsections (8) and (9) and insert—

S.C.B.Standing Committee Proceedings: 25th October 2005
101

Violent Crime Reduction Bill, continued

‘(8)
In this section “realistic imitation firearm” has the meaning given by section

(Meaning of “realistic imitation firearm”).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Negatived on division  264

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
In relation to subsections (2), (3) and (8), the following should be included in the

exceptions and exemptions from what constitutes a realistic imitation firearm—

(a)
deactivated firearms,

(b)
deactivated weapons manufactured before 1983,

(c)
deactivated weapons of .50” calibre and over,

(d)
large machine guns, armoured vehicles and field guns and military

equipment where the deactivated weaponry is intrinsic to the equipment,

(e)
realistic imitation firearms used in security dog training and security

guard training,

(f)
realistic imitation firearms used in hunt dog training,

(g)
realistic and deactivated firearms used by educators, colleges and

schools,

(h)
reproduction components for weapons of .50” calibre and over,

(i)
starting pistols,

(j)
weapons intended for use in “Airsoft” with a muzzle energy of less that

4 joules including BB guns, air guns and paint balls,

(k)
realistic imitation firearms for use in theatre, cinema, museums, castles

and historic houses, television and sporting events,

(l)
parts of weapons required in relation to the weapons listed in paragraphs

(a) to (k),

(m)
specialist suppliers and armourers relating to the weapons listed in

paragraphs (a) to (k).’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  266

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
For the purposes of this Act, “imitation firearm” means anything which has the

appearance of being a firearm whether or not it is capable of discharging any shot,

bullet or other missile which is capable of being mistaken for a firearm for which

either a certificate under section 1 of the Firearms Act 1968, or the authority of

the Secretary of State under section 5(1) of the Firearms Act 1968 would be

required.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  267

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
The definition of “imitation firearm” in section 57(4) of the Firearms Act 1968

means anything which has the appearance of being a firearm whether or not it is

capable of discharging any shot, bullet or other missile which is capable of being

mistaken for a firearm for which either a certificate under section 1 of this Act, or

S.C.B.Standing Committee Proceedings: 25th October 2005
102

Violent Crime Reduction Bill, continued

the authority of the Secretary of State under section 5 of this Act would be

required.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not selected  268

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
When assessing whether an imitation firearm is a realistic imitation firearm for

the purposes of subsections (8) and (9) above, the test should be an objective

one.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  269

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
Nothing in this section shall apply to an antique firearm which is sold, transferred,

purchased, acquired or possessed as a curiosity or ornament.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  270

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
Nothing in this section shall apply to a firearm of antique appearance that fires

black powder.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not called  271

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
The Secretary of State shall provide for payment of compensation in respect of

loss suffered or costs incurred in consequence of the exercise of power conferred

by or under this section.’.

Mr Humfrey Malins

Mr Jonathan Djanogly

Mr Mark Prisk

Not selected  272

Clause  30,  page  33,  line  14,  at end insert—

‘(9A)
Nothing in this section shall prevent a person legally handling, holding or picking

up a realistic imitation firearm.’.

Mr Jonathan Djanogly

Not called  308

Clause  30,  page  33,  line  14,  at end insert—

‘(10)
It shall be a defence for any person charged in respect of any conduct of his

relating to an imitation firearm to which this section applies—

(a)
with an offence under subsection (1) above; or

(b)
with an offence under section 50(2) or (3) of the Customs and Excise

Management Act 1979 (improper importation),