Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Part 2 — Weapons etc.
33

(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).
(7)
An offence under this section shall be punishable, on summary conviction—
5
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
10
(8)
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 (7)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(9)
For the purposes of this section a firearm is of a relevant kind in relation to a
sale or purchase if ammunition capable of being used with that firearm
15
contains, or may contain, primers of the same description as the primer to
which the sale or purchase relates or (as the case may be) as the primer
contained in the thing to which it relates.
(10)
In this section “enactment” includes an enactment passed after the passing of
this Act.
20
32
Restriction on sale and purchase of ammunition loading presses
(1)
It is an offence for a person to sell an ammunition loading press to another
unless that other person falls within subsection (2).
(2)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
25
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he produces a certificate authorising him to possess a firearm;
(d)
he produces a certificate authorising him to possess ammunition for a
firearm;
(e)
he shows that he is a person in the service of Her Majesty who is
30
entitled under subsection (5) to acquire an ammunition loading press;
(f)
he shows that he is entitled, by virtue of the 1968 Act, the Firearms
(Amendment) Act 1988 (c. 45) or any other enactment and otherwise
than by virtue of being a person in the service of Her Majesty, to have
possession of a firearm, or of ammunition for a firearm, without a
35
certificate; or
(g)
he produces a certificate authorising another person to have possession
of a firearm, or of such ammunition, together with that other person’s
authority to purchase the ammunition loading press on his behalf.
(3)
It is an offence for a person to buy or to attempt to buy an ammunition loading
40
press unless he falls within subsection (4).
(4)
A person falls within this subsection if—
(a)
he is a registered firearms dealer;
(b)
he sells ammunition loading presses by way of any trade or business;
(c)
he holds a certificate authorising him to possess a firearm;
45

Violent Crime Reduction Bill
Part 2 — Weapons etc.
34

(d)
he holds a certificate authorising him to possess ammunition for a
firearm;
(e)
he is a person in the service of Her Majesty who is entitled under
subsection (5) to acquire an ammunition loading press;
(f)
he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act
5
1988 (c. 45) or any other enactment and otherwise than by virtue of
being a person in the service of Her Majesty, to have possession of a
firearm, or of ammunition for a firearm, without a certificate; or
(g)
he is in possession of a certificate authorising another person to have
possession of a firearm, or of such ammunition, and has that other
10
person’s authority to purchase the ammunition loading press on his
behalf.
(5)
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
15
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).
20
(6)
An offence under this section shall be punishable, on summary conviction—
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
25
with a fine not exceeding level 5 on the standard scale, or with both.
(7)
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 (6)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(8)
In this section—
30
“ammunition loading press” includes ammunition loading die;
“enactment” includes an enactment passed after the passing of this Act.
Imitation firearms
33
Manufacture, import and sale of realistic imitation firearms
(1)
A person is guilty of an offence if—
35
(a)
he manufactures a realistic imitation firearm;
(b)
he modifies an imitation firearm so that it becomes a realistic imitation
firearm;
(c)
he sells a realistic imitation firearm; or
(d)
he brings a realistic imitation firearm into Great Britain or causes one to
40
be brought into Great Britain.
(2)
Subsection (1) has effect subject to the defences in section 34.
(3)
The Secretary of State may by regulations—
(a)
provide for exceptions and exemptions from the offence under
subsection (1); and
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Violent Crime Reduction Bill
Part 2 — Weapons etc.
35

(b)
provide for it to be a defence in proceedings for such an offence to show
the matters specified or described in the regulations.
(4)
Regulations under subsection (3) may—
(a)
frame any exception, exemption or defence by reference to an approval
or consent given in accordance with the regulations;
5
(b)
provide for approvals and consents to be given in relation to particular
cases or in relation to such descriptions of case as may be specified or
described in the regulations; and
(c)
confer the function of giving approvals or consents on such persons
specified or described in the regulations as the Secretary of State thinks
10
fit.
(5)
The power of the Secretary of State to make regulations under subsection (3)
shall be exercisable by statutory instrument subject to annulment in pursuance
of a resolution of either House of Parliament.
(6)
That power includes power—
15
(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.
20
(7)
An offence under this section shall be punishable, on summary conviction—
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
25
with a fine not exceeding level 5 on the standard scale, or with both.
(8)
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 (7)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(9)
In this section “realistic imitation firearm” has the meaning given by section 35.
30
34
Specific defences applying to the offence under s. 33
(1)
It shall be a defence for a person charged with an offence under section 33 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).
35
(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;
40
(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);

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(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—
5
(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
10
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
15
(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;
20
“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
scientific interest; and
(b)
gives the public access to it.
25
35
Meaning of “realistic imitation firearm”
(1)
In section 33 “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.
30
(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—
(a)
by an expert;
(b)
on a close examination; or
35
(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
40
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
45
subsection (3)(b)—

Violent Crime Reduction Bill
Part 2 — Weapons etc.
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(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
(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;
10
(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—
15
“colour” is to be construed in accordance with subsection (9);
“de-activated firearm” means an imitation firearm that consists in
something which—
(a)
was a firearm; but
(b)
has been so rendered incapable of discharging a shot, bullet or
20
other missile as no longer to be a firearm;
“real firearm” means—
(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
25
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.
30
(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.
35
(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.
36
Specification for imitation firearms
(1)
The Secretary of State may by regulations make provision requiring imitation
40
firearms to conform to specifications which are—
(a)
set out in the regulations; or
(b)
approved by such persons and in such manner as may be so set out.
(2)
A person is guilty of an offence if—
(a)
he manufactures an imitation firearm which does not conform to the
45
specifications required of it by regulations under this section;

Violent Crime Reduction Bill
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(b)
he modifies an imitation firearm so that it ceases to conform to the
specifications so required of it;
(c)
he modifies a firearm to create an imitation firearm that does not
conform to the specifications so required of it; or
(d)
he brings an imitation firearm which does not conform to the
5
specifications so required of it into Great Britain or causes such an
imitation firearm to be brought into Great Britain.
(3)
An offence under this section shall be punishable, on summary conviction—
(a)
in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
10
both; and
(b)
in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
(4)
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 (3)(a) of this
15
section to 51 weeks is to be read as a reference to 6 months.
(5)
Regulations under this section may provide that, in proceedings for an offence
under this section, it is to be presumed, unless the contrary is proved, that an
imitation firearm conforms to the required specification if it, or the description
of imitation firearms to which it belongs, has been certified as so conforming
20
by a person who is—
(a)
specified in the regulations; or
(b)
determined for the purpose in accordance with provisions contained in
the regulations.
(6)
The power of the Secretary of State to make regulations under this section shall
25
be exercisable by statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.
(7)
That power includes power—
(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as the
30
Secretary of State thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
37
Supplying imitation firearms to minors
(1)
After section 24 of the 1968 Act insert—
35
“24A
Supplying imitation firearms to minors
(1)
It is an offence for a person under the age of eighteen to purchase an
imitation firearm.
(2)
It is a offence to sell an imitation firearm to a person under the age of
eighteen.
40
(3)
In proceedings for an offence under subsection (2) it is a defence to
show that the person charged with the offence—
(a)
believed the other person to be aged eighteen or over; and
(b)
had reasonable ground for that belief.

Violent Crime Reduction Bill
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(4)
For the purposes of this section a person shall be taken to have shown
the matters specified in subsection (3) if—
(a)
sufficient evidence of those matters is adduced to raise an issue
with respect to them; and
(b)
the contrary is not proved beyond a reasonable doubt.”
5
(2)
In the table in Part 1 of Schedule 6 (punishment), after the entry for section
24(4) insert—

“Section
Acquisition
Summary
In England
—”

24A(1) or (2)
by a minor of

and Wales, 51

an imitation

weeks or a

10

firearm and

fine of level 5

supplying

on the

him.

standard

scale, or both.

In Scotland, 6

15

months, or a

fine of level 5

on the

standard

scale, or both.

20
(3)
In relation to an offence committed in England and Wales before the
commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the
reference to 51 weeks in the entry inserted by subsection (2) of this section is to
be read as a reference to 6 months.
38
Increase of maximum sentence for possessing an imitation firearm
25
(1)
In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act
(mode of trial and punishment of possession of firearm or imitation firearm in
a public place)—
(a)
in paragraph (b) of column 3 (offence to be triable either way except in
the case of an imitation firearm or air weapon), omit the words “in the
30
case of an imitation firearm or”; and
(b)
in column 4, for “7 years or a fine; or both” substitute—
“(i)
if the weapon is an imitation firearm,
12 months or a fine, or both;
(ii)
in any other case, 7 years or a fine, or
35
both.”
(2)
An offence in England and Wales under section 19 of the 1968 Act in respect of
an imitation firearm which is triable either way by virtue of this section is to be
treated—
(a)
as an offence to which section 282(3) of the Criminal Justice Act 2003
40
(increase of maximum sentence on conviction of an either way offence)
applies; and
(b)
as not being an offence to which section 281(5) of that Act (increase of
maximum sentence on conviction of a summary only offence) applies.
(3)
This section—
45