2 Rationale for firearms control
Criminal
use of firearms
6. The figures for "firearms offences"
published annually by the Home Office include offences in which
a firearm, held either legally or illegally, has been fired, used
as a blunt instrument or used to threaten people. In 2008/09,
the last year for which complete figures are available, firearms
were used in 14,250 offences recorded by the police in England
and Wales, including 6,042 cases involving air weapons and 8,208
cases involving other firearms. This means that they were used
in 0.3% of all police recorded offences. Provisional data for
2009/10 suggest that 7,995 non-air weapon firearm offences were
recorded, a decrease of 3% in this category.[1]
Trends over the previous ten years are portrayed in the graph
below; it is worth noting that the level of offences reached in
2002/03 marked a historical peak in recorded firearm offences.[2]
According to the authors of the Home Office statistical bulletin,
the large decrease in offences of 41% since 2003/04 can be largely
attributed to a 56% reduction in the number of air weapon offences,[3]
which tend to be less serious, although it also reflects a fall
in more serious gun violence, including homicide, since 2004/05.
Figure 1: Offences reported to the police in which
a firearm has been used, 1999/00 to 2008/09[4]
7. In terms of the nature and seriousness of the
offences, 45% of police recorded offences in 2008/09 involving
firearms other than air weapons related to violence against the
person, 44% to robbery and 6% involved criminal damage. In comparison,
some 77% of police recorded offences involving air weapons related
to criminal damage, with a further 19% concerning violence against
the person.[5] Details
of offences in which firearms were actually fired can be found
in the table below. Just over a third of fatal or serious injuries
were caused by handguns, just under a third by rifles or "other"
firearms, 18% by shotguns and 17% by air weapons.
Table 1: Offences in which firearms were used,
by firearm, whether fired, and degree of injury caused, 2008/09[6]
Weapon | Number of offences
| Number/ % in which the weapon was fired
| Of those fired
|
| | | Number/ % fatal or serious injury
| Number/ % slight injury
| Number/ % no injury
|
Shotgun | 619
| 251
(41%)
| 70
(28%)
| 39
(16%)
| 142
(57%)
|
Handgun | 4,275
| 424
(10%)
| 136
(32%)
| 70
(17%)
| 218
(51%)
|
Imitation firearm | 1,511
| 1,067
(71%)
| 14
(1%)
| 500
(47%)
| 553
(52%)
|
Rifle/other | 1,803
| 929
(52%)
| 109
(12%)
| 444
(48%)
| 376
(40%)
|
Air weapons | 6,042
| 5,340
(88%)
| 69
(1%)
| 613
(11%)
| 4,658
(87%)
|
Total | 14,250
| 8,011
(56%)
| 398
(5%)
| 1,666
(21%)
| 5,947
(74%)
|
There were 39 firearms homicides in 2008/09, which represented
6% of all homicides during the year.[7]
Some 28 involved a handgun, seven a shotgun, three a rifle and
one an unidentified firearm. Provisional data for 2009/10 appear
to show that the number of fatal injuries remained unchanged at
39, but that incidents resulting in injury rose by 8% to 1,901.[8]
8. However, Professor Peter Squires, of Brighton University, raised
a note of caution in using these official statistics as an accurate
measure of gun crime in England and Wales. Firstly, a large number
of firearms-related offences are not included in these figures;
there are approximately 55 types of offences that can be committed
before a weapon is pointed at anyone:
Like the visible tip of the iceberg, what gets recorded in
the criminal statistics by the Home Office is only the criminal
misuse of firearms ... even simple illegal possession of a firearms
which ... attracts a five year penalty, is not recorded as gun
crime in the Home Office data. If simply possession offences and
others were added into the 'gun crime' count, estimates suggest
that the total UK gun crime figure would rise by as much as 60%.[9]
Some 4,024 firearms possession offences and 254 "other firearms
offences" (offences under the Firearms Act concerned with
licensing and certification of firearms) were recorded in 2009/10.[10]
9. Professor Squires also argued that offending by firearm is
"grossly under-reflected" in recorded crime statistics
in terms of threats, attacks on animals and criminal damage.[11]
Assistant Chief Constable Sue Fish, ACPO lead officer for Criminal
Use of Firearms, agreed that there is a "certain level that
is under-reported", but with some caveats:
I would be highly surprised if there were any deaths through
the use of firearms that were not known about. The same with serious
injury: when a victim presents himself at hospital, hospitals
are under an obligation to report a shotgun or firearms injury
to the police ... There is an issue in terms of minor injury or
where there is a shotgun or a firearm discharged in a street or
a public place that is not reported to us.[12]
Nevertheless, previous research has highlighted the fact that
even very serious firearms offences such as attempted murder may
go unreported, particularly if the victim is involved in criminal
activity.[13]
10. In response to reports we had heard that police officers may
be reluctant to record the use of a firearm in an offence solely
on the basis of a victim's statement to that effect, Ms Fish clarified
that the gun would not have to be obtained in order for an incident
to be recorded as a firearms offence.[14]
This may technically be the case, but a study in one London borough
by Gavin Hales in 2005 found that in "a very small number
of recorded crimes", use of a firearm was mentioned in free
text incident descriptions but not then recorded in the codes
that are used to count firearms offences.[15]
11. Looking beyond the statistics, we heard moving
evidence from individuals who have been personally affected by
gun crime, in particular from the relatives and survivors of the
Derrick Bird shootings: Dr Ian Chrystie, Mr Harry Berger, Mr Kevin
Moore and Ms Jude Talbot.[16]
When asked to describe the impact of these shootings on the community,
the Reverend Richard Lee, Vicar of Egremont, told us:
All I can say is that there is an abiding sense
of ... "someone took away my innocence; someone took away
my village; someone took away my street; someone took away my
liberty, and they killed someone outside my front door",
and one feels offended by that and very unsettled indeed ... So
the effect on the community, I look upon it as if you take an
enormous stone block and you hit it with a chisel at a certain
angle; fault lines will fracture throughout, and you never quite
know where they are until you just try to move the block.[17]
We are also acutely aware, although our inquiry did
not focus on this specific problem, of the devastation wreaked
by gun violence linked to serious and organised crime in too many
parts of the UK.
12. The police recorded 14,250 offences in which
a firearm was fired, used as a blunt instrument or to threaten
in England and Wales in 2008/09, the last year for which complete
figures are available. This represents only 0.3% of all recorded
offences and a 41% fall in firearms offences since 2003/04. However,
to put this into context, the reduction came from a historic peak
in levels of gun crime reached in the early years of the 2000s.
Where firearms are used, it can be to devastating effect: they
were responsible for 39 homicides, and around 2,000 injuries,
in 2008/09. Moreover, the extent to which firearms, especially
air weapons, are used in less serious crimes is likely to be higher
than is recorded; and a number of firearms-related offences are
not captured in these statistics. While it is heartening that
official figures show the use of firearms in crime to be declining,
these figures should not be allowed to fuel complacency.
The use of legal firearms in crime
13. In summary, UK law[18]
largely prohibits private ownership and use of automatic weapons,
semi-automatic and pump-action rifles, weapons which fire explosive
ammunition, short shotguns with magazines, elevated pump-action
and self-loading rifles, and handguns. It allows individuals to
apply for a licence to own what are known as Section 1 Firearms
(in reference to the 1968 Firearms Act), which include rifles,
muzzle-loading revolvers and shotguns with magazines that are
capable of holding more than two cartridges; and Shotguns (covered
by Section 2 of the Act), which include pump-action and self-loading
weapons which have a magazine that is incapable of holding more
than two cartridges. It also allows individuals to use these weapons
without a licence in certain circumstances, under supervision.
Low-powered air weapons, deactivated firearms, antiques and imitation
firearms are permitted without a licence, although there are still
a number of restrictions on their ownership and use.
14. We received mixed evidence about the use of legally-owned
firearms in crime. There is a lack of data in the public domain
showing the extent to which legally-owned firearms are used in
gun crime, partly because it is difficult to collect accurate
data (because in many incidents the gun is not fired or recovered
and therefore difficult to identify), and partly because the Home
Office does not routinely publish the data that it does collect.
The data most frequently cited to us were those provided to the
Cullen Inquiry[19] by
the Home Office on the firearm homicides that took place during
the years 1992-1994. In his report, Lord Cullen noted that in
22, or 14%, of the 152 cases in which it was known whether or
not the firearm was legally held, the firearm was lawfully held
by the perpetrator.[20]
15. Statistics for the use of legal firearms in homicide
are still collected by the Home Office as part of the Homicide
Index but are not included in the published annual bulletin. We
requested information on the 39 shooting homicides recorded in
2008/09 and received the following response:
- Four of these deaths (10%)
involved a weapon that was held on a section 1 firearm or shotgun
certificate;
- 17 (44%) involved a weapon that was not held
on a certificate;
- The status of the weapons in the remaining 18
deaths (46%) was unknown.[21]
16. The Home Office told us that "the evidence
suggests that the vast majority of crimes involving firearms are
carried out with illegally-held guns".[22]
This point was reiterated in many submissions from shooting organisations
and individuals, as well as in the submission from the ACPO Firearms
and Explosives Licensing Group.[23]
Data from the National Ballistics Intelligence Service also indicated
that "the vast majority" of firearms-enabled offences
are committed with illegally-held firearms. Mr Matt Lewis, Acting
Head for Knowledge and Communications for the Service, added that
where legally-held weapons are used in crime:
We don't suspect that there are many legally-held
weapons that are being crossed over and used in crime and then
go back into legal possession. We think it is much more likely
that a shotgun, for example, has been stolen from a residence
and is then shortened and used in crime.[24]
We were interested to note that these findings broadly
mirrored the experiences of authorities in Washington DC, where,
according to the Attorney-General, Mr Peter Nickles, registered
firearms "very rarely, if ever" are found to be used
in crimes.[25]
17. A Home Office study published in 2006 found that
access to illegal firearms, including converted firearms and realistic
imitation firearms, had increased, and that in many cases criminals
had become more prepared to use them. These developments were
linked to drugs markets and to 'gang' culture, and demonstrated
the extent to which the increase in serious firearm offending
in the early half of that decade related to the use of illegal
weapons in serious and organised crime.[26]
18. However, the Gun Control Network, an organisation
which campaigns for tighter firearms controls, claimed that "many"
of the fatal domestic shootings in the UK are committed with legally-held
weapons. They presented their analysis of recent shootings which
suggested that between January 2009 and March 2010 fourteen people,
about a quarter of all shooting homicide victims, died in "apparent
domestic shootings", at least five of which, or 36%, involved
a legally-owned shotgun.[27]
This is broadly consistent with the data submitted to the Cullen
Inquiry: of the 15 handguns used in domestic homicides between
1992 and 1994, six were legally held by the perpetrator.[28]
Animal Aid described a number of murder or attempted murder cases
over the past few years in which licensed weapons were used.[29]
The Gun Control Network also pointed to the number of suicides
carried out with guns, including four young men in 2010 who had
access to shotguns in their homes, and stated that "almost
all" of the mass shootings around the world, including Hungerford,
Dunblane and Cumbria in the UK, have involved licensed gun owners
and licensed guns. They concluded:
So it is clearly not the case that licensed weapons
are not part of the problem. They are part of the problem.[30]
However, we note that the law and the enforcement
of regulations on ownership and possession of guns have been tightened
considerably in the period since Hungerford and Dunblane and it
would be unwise to draw conclusions from aspects of those incidents
that have already been addressed both in law and in licensing
practice.
19. Professor Squires told us that he had logged
44 domestic firearm incidents between 1 January 2010 and 30 September
2010 that were reported in national and local media, comprising
nine murders, nine attempted murders and 23 other incidents involving
threats, wounding, assault or Actual Bodily Harm, and animal cruelty.
Sixteen of the incidents involved low-powered air weapons, which
are legal by definition, and fifteen involved shotguns, one-third
of which he estimated would be likely to be licensed. He concluded:
By these estimates, legal weapons are still responsible
for around 50% of our most serious domestic firearm incidents.
Many people would like to state a position that
there is a clear, watertight differentiation between legal and
illegal weapons, but that is not the case. I'd go even further
and say that most gun crime in Britain is committed with weapons
that are licensed or otherwise legal.[31]
20. The use of legal firearms in cases of domestic
violence is a particular concern. The Gun Control Network noted
that almost all of the victims of the domestic shootings detailed
above were women, and there were further incidents in which women
survived being shot by a family member or ex-partner. Analysing
the figures presented to the Cullen Inquiry, Professor Squires
told us that:
18 out of 60, nearly a third of domestic firearms
homicides, which are often a continuation of domestic violence,
are committed with licensed weapons.[32]
21. We heard contrasting views about the extent
to which legally-held firearms are used in crime. It is difficult
to form an accurate assessment, given the limitations of available
data. Certainly licensed firearms do not appear to be used
in the majority of cases. They are infrequently used in serious
and organised crime, which is fed by illegal firearms, particularly
converted and realistic imitation weapons. Mass shootings with
licensed weapons, such as the terrible crimes perpetrated by Derrick
Bird, also thankfully remain rare, but the fact that they were
carried out by licensed gun owners should not be overlooked in
any further consideration of firearms legislation. Offences with
low-powered air weapons, the possession of which is not illegal,
comprise a substantial proportion of all gun crime. Moreover,
legal firearms were used in at least 10% of firearms homicides
in 2008/09, which, while it represents a tiny number of individual
incidents, is not an insignificant proportion of these homicides.
On the basis of data submitted to the Cullen Inquiry, and that
collected more recently by Professor Squires and the Gun Control
Network, we are concerned about the use of legal firearms in domestic
incidents, often linked to domestic violence.
Legitimate firearms users
22. According to the most recent data available from
the National Firearms Licensing Management System, a national
register of all persons who have applied for a firearm or shotgun
certificate:
- 138,728 firearm certificates
were on issue in England and Wales on 31 March 2009, covering
435,383 firearms; and
- 574,946 shotgun certificates were on issue in
England and Wales on 31 March 2009, covering 1,366,082 shotguns.
In Scotland there were 26,072 firearm certificates,
covering 70,856 firearms, and 50,308 shotgun certificates, covering
137,768 shotguns, on issue at the end of 2009.[33]
There are also estimated to be in the region of seven million
air guns in circulation, owned by around five million individuals.[34]
23. The British Shooting Sports Council stated that
"shooting is one of the most popular participation sports".
An estimated one million people in the UK shoot (including around
480,000 shooting game, wildfowl, pigeon and rabbits; 150,000 regularly
shooting clay targets; and 250,000 regularly participating in
target shooting with rifles, muzzle-loading pistols and air guns)
and the number of young people entering the sport is increasing,
with 1,200 entering the British Association of Shooting and Conservation's
Young Shots scheme during a six month period in 2007, and the
Scout Association's annual rifle competition attracting nearly
800 competitors.[35]
Several submissions drew attention to Britain's success at the
Olympics and other international competitions in shooting disciplines,
and we were able to meet some of the recent Commonwealth medallists
during our visit to the National Shooting Centre.[36]
24. A large number of submissions from individuals
and organisations involved in shooting pointed to the conservation
work carried out by shooters at their own expense. They drew attention
to a 2006 study, The Economic and Environmental Impact of Sporting
Shooting, carried out by Public and Corporate Economic Consultants,
Cambridge, which
found that shooting is involved in the management
of two-thirds of Britain's rural land, that two million hectares
are actively managed for conservation as a result of shooting
and that shoot providers spend £250 million a year on conservation.[37]
The National Farmers Union noted that farmers use shotguns and
rifles for controlling pests, to fulfil their legal obligations
as landowners.[38]
25. The Countryside Alliance highlighted the benefits
shooting brings to the UK economy, noting that shooters spend
£1.6 billion per annum on UK goods and services.[39]
The UK sporting firearms industry also supports around 70,000
jobs.[40] Between 170,000
and 250,000 air guns are sold by dealers each year in England
and Wales, with about 35% of domestic production exported. The
industry employs over one thousand people in the manufacture and
distribution of air guns and the value of the trade is in the
region of £50 million.[41]
We received several submissions from individuals whose employment
depends upon firearms; for example, the owners of Sportsmatch
UK told us:
We are a small engineering company in Bedfordshire
employing seven people producing components almost exclusively
for the shooting industry. We were established in 1972 and
export over 60% of our production. We would not be a viable
concern without the UK, our biggest market, however.[42]
26. There are 138,728 section 1 firearms certificate
holders and 574,946 shotgun certificate holders in England and
Wales. The proportion of licence holders who use their guns in
crime is tiny. Many representations were made to us by individual
shooters and their representatives about their legitimate enjoyment
of shooting sports, about the need for farmers in particular to
have access to firearms in the course of their professional activities
and about the wider benefits shooting brings to the UK economy.
The impact of legislation to control
the supply of firearms on levels of gun crime
27. Since the 1920s successive governments have used
legislation to limit access to firearms, with the aim of curbing
their misuse and the UK now has some of the strictest gun control
legislation in the world. The major piece of legislation regulating
ownership and use of firearms is the Firearms Act 1968, and its
subsequent amending acts. The 1968 Act prohibited a number of
firearms based on their size, mode of firing or firepower and
introduced the current licensing regime for the possession of
legal firearms, their parts and ammunition in England, Scotland
and Wales. Following the mass shooting at Hungerford, the Firearms
(Amendment) Act 1988 banned semi-automatic and pump-action rifles,
weapons which fire explosive ammunition, short shotguns with magazines,
and elevated pump-action and self-loading rifles; in the aftermath
of the Dunblane shootings, the Firearms (Amendment) Acts 1997
effectively banned handguns from private ownership.
28. More recently, the Anti-Social Behaviour Act
2003 raised the age at which an individual can purchase an air
weapon from 14 to 17; banned air guns designed or adapted for
use with a self-contained gas cartridge system; and made it an
offence for a person to have with him an unloaded air weapon or
imitation firearm in a public place without lawful authority or
reasonable excuse. The Violent Crime Reduction Act 2006 further
raised the minimum age at which an individual may purchase or
hire an air weapon or ammunition for an air weapon to 18; and
banned the manufacture, import and sale of realistic imitation
firearms, subject to a limited number of defences. The Crime and
Security Act 2010, which has not yet come into effect, made it
an offence for a person in possession of an air weapon to fail
to take reasonable precautions to prevent it coming into the hands
of a person under 18 who is not lawfully permitted to have the
weapon with him.
29. A number of submissions to our inquiry, including
those from Mr Colin Greenwood and the Historical Breechloading
Smallarms Association,[43]
claimed that continued use of prohibited weapons in firearms-enabled
crime provided evidence that legislation to ban weapons has had
only limited effect. The Greensleeves Shooting Club argued that
variations in gun crime rates over time "do not correlate"
to variations in legal ownership levels over the same period.[44]
According to Mr Greenwood, since 1988, almost one million legally
held guns of all classes have been removed from the legitimate
market. However, Mr Greenwood claimed that "serious armed
crime has risen significantly and shows a significant move away
from the supposedly less strictly controlled shotgun to the now-banned
pistol".[45] We
are not convinced that this is the case. The issue is obscured
by the fact that where converted or reactivated weapons are used,
they will be included under the category of weapon they replicate,
so it is not possible, for example, to tell how many of the offences
perpetrated with "pistols" actually relate to genuine
handguns. Professor Squires stated that:
For a long time [replicas] clouded the picture
of gun crime in this country and allowed many people to suggest
that the legislation after Dunblane had not worked, whereas in
fact it had.[46]
30. Mr Greenwood provided an interpretation of Home
Office statistics which appear to show that the Acts prohibiting
ownership of certain rifles and shotguns (1988) and of pistols
(1997) did not have an impact on reducing homicides committed
with these guns. Rather, the peak in gun homicides reflected,
rather than caused, the overall peak in homicides between 2000
and 2005.[47] However,
official statistics for firearm-enabled robbery paint a different
picture: these offences actually peaked between 1992 and 1993,
when overall levels of robbery were around half of what they have
been in recent years.[48]
Robberies in which a shotgun was used have in fact decreased considerably
since measures to restrict their ownership, although this is not
true for handguns. Variations in the use of different firearms
in crime over time are depicted in the table below.
Table 2: Notifiable offences recorded by the police
in which firearms were reported to have been used, by principal
weapon, 1980 to 2008/09, England and Wales[49]
Year
| Air weapons
| Shotgun
| Handgun
| Other
| Total
|
1980 |
5,032 | 522
| 620 |
383 | 6,587
|
1981 |
5,629 | 846
| 1,114 |
478 | 8,067
|
1982 |
5,337 | 1,068
| 1,538 |
457 | 8,400
|
1983 |
5,474 | 904
| 1,127 |
456 | 7,961
|
1984 |
5,540 | 994
| 1,232 |
610 | 8,376
|
1985 |
6,380 | 1,105
| 1,390 |
876 | 9,742
|
1986 |
5,886 | 1,160
| 1,314 |
1,003 | 9,363
|
1987 |
5,172 | 1,234
| 1,543 |
1,053 | 9,002
|
1988 |
4,813 | 1,206
| 1,484 |
1,021 | 8,524
|
1989 |
5,037 | 1,313
| 1,983 |
1,169 | 9,502
|
1990 |
5,380 | 1,193
| 2,537 |
1,263 | 10,373
|
1991 |
5,464 | 1,569
| 3,430 |
1,666 | 12,129
|
1992 |
6,098 | 1,494
| 4,023 |
1,726 | 13,341
|
1992 |
6,337 | 1,592
| 4,273 |
1,865 | 14,067
|
1994 |
7,165 | 1,190
| 3,087 |
1,725 | 13,167
|
1995 |
7,568 | 983
| 3,319 |
1,564 | 13,434
|
1996 |
7,813 | 933
| 3,347 |
1,783 | 13,876
|
1997 |
7,506 | 580
| 2,648 |
1,676 | 12,410
|
1997/98
| 7,902 |
565 | 2,636
| 1,702 |
12,805 |
1998/99
| 8,665 |
642 | 2,687
| 1,880 |
13,874 |
1999/2000
| 10,103
| 693 |
3,685 | 2,465
| 16,946
|
2000/01
| 10,227
| 608 |
4,110 | 2,753
| 17,698
|
2001/02
| 12,377
| 712 |
5,874 | 3,438
| 22,401
|
2002/03
| 13,822
| 672 |
5,549 | 4,027
| 24,070
|
2003/04
| 13,756
| 718 |
5,144 | 4,476
| 24,094
|
2004/05
| 11,825
| 597 |
4,360 | 6,112
| 22,894
|
2005/06
| 10,439
| 642 |
4,672 | 5,774
| 21,527
|
2006/07
| 8,836 |
612 | 4,173
| 4,860 |
18,481 |
2007/08
| 7,478 |
602 | 4,172
| 5,092 |
17,343 |
2008/09
| 6,042 |
619 | 4,275
| 3,314 |
14,250 |
31. The Gun Control Network claimed that an approach restricting
the legal ownership of firearms can be successful in reducing
their use in crime. The organisation analysed data compiled from
the World Health Organisation to conclude that:
Comparisons between industrialised countries show that there
is a correlation between the levels of gun ownership and gun violence.
This country has one of the lowest rates of gun death with annual
gun homicides in England and Wales at 0.10 per 100,000 population
compared, for example, with 0.69 in Canada, 0.93 in Switzerland
and 3.52 in the USA.[50]
Hales et al have argued that, had the changes in the nature of
gun crime alluded to in paragraph 16 occurred in an environment
which allowed greater freedoms in gun ownership, "the picture
today might be much more grave".[51]
The National Ballistics Intelligence Service attributed the current
level of shotgun thefts (see chapter three) to a lack of supply
of firearms from other means within the criminal market place.[52]
The Home Office also cited their 2006 study which concluded that
the extent of criminal activities to manufacture weapons, such
as the conversion of imitation firearms, suggested that the UK's
gun controls "significantly constrain" the ability of
criminals to obtain lethal firearms.[53]
32. The Violent Crime Act 2006 was introduced in part to address
these new challenges. In respect of the provisions concerning
replica weapons, Professor Squires considered that the Act seemed
to have helped to reduce related crime "significantly ...
the numbers have started to drop rapidly since 2007".[54]
The relevant legislation may also have had an impact on declining
levels of air weapon offences, although these decreases began
in 2003/4, prior to the introduction of the Violent Crime Reduction
Act.
33. Immediately after the Derrick Bird shootings,
a number of politicians, police officers and media commentators
made public assertions about the difficulties in using greater
regulation of weapons to prevent such tragedies. Our witnesses
had differing opinions as to whether or not this was the case.
Mr Harry Berger, who was injured by Derrick Bird, considered that
it was very hard to predict when "someone is going to flick
the light switch and change from being sane to insane". However,
Dr Chrystie, whose daughter was also injured, countered that:
"it is an undeniable fact that if the late Mr Bird had not
had access to firearms he would not have been able to use them".[55]
34. Irrespective of its efficacy, the legislation
is extremely complicated, a point that was also made to, and taken
up by, our predecessor Committee.[56]
There are many pieces of legislation governing the use of firearms
in addition to those listed above: 34 overall, including the Welfare
of Animals Regulations 1995 and the Energy Act 2004.[57]
As a result of this complexity, a number of submissions to our
inquiry from both policing and shooting representatives recommended
a consolidating Act. For example, Mr Geoff Doe, of the National
Rifle Association, argued that neither "Joe Public"
nor many police forces fully understand the law.[58]
Mr Bill Harriman, of the British Association of Shooting and Conservation,
who acts as an expert witness in firearms cases, told us that
it had been necessary for him to advise lawyers and even judges
on the legislation, adding "it is very complicated and it's
a mess".[59] The
submission from the ACPO Firearms and Explosives Licensing Group
stated that:
The legal landscape is jumbled meaning that great
effort is expended negotiating it. It would appear an opportune
time both to review and consolidate the relevant law, adding clarity
where it is needed.[60]
When we put this proposal to the Parliamentary Under-Secretary
of State responsible for crime prevention, Mr James Brokenshire
MP, he noted that any such revisions must take care not to create
unanticipated consequences:
It may be that, by creating new law, you add
uncertainty. That is always the risk when you seek to consolidate
or legislate. Sometimes that might add the opportunity for new
legal arguments to appear and therefore greater uncertainty in
law to exist.[61]
35. There is considerable evidence, although it
is not clear-cut, that well-designed legislation to regulate and
restrict the legal supply of firearms can reduce gun crime. The
UK has strict gun laws and comparatively low levels of gun crime.
The link should not be overstatedthere is no direct correlation
in recent UK history between levels of gun ownership and gun crime
trends. However, it is fair to assume at least in part that this
demonstrates the success of the licensing regime, in place since
1968, which enables the authorities to satisfy themselves that
those owning firearms are fit to do so. We do not believe that
a total outright ban on ownership and use of section 1 firearms
and shotguns would be a proportionate response to the risks posed
by these weapons. There is, however, scope for further minimisation
of risk through adjustments to the licensing process, which we
consider in more detail in chapter three. We also believe that
more effective measures could be put in place to tackle criminal
use of those firearms which are not currently subject to a licensing
regime; we consider this in chapter four.
36. An onerous burden is placed on the police
and on the public because of the difficulty of understanding and
applying the 34 relevant laws which govern the control of firearms.
It is unreasonable to expect members of the public to know their
responsibilities when the law is so complex and confused. It is
also unreasonable to expect the police to apply the law accurately
in all cases when it is so complex. This is unhelpful to good
relations between the police and the public. We recommend that,
rather than adding new rules and greater confusion, the Government
provides proposals for early consultation on how to codify and
simplify the law. Along with the proposals themselves, we urge
the Government to give careful consideration to how it will publicise
the legislation in order to give greater clarity to the lay person.
Other factors influencing levels
of gun crime
37. The rise in the use of converted firearms, as
well as the sharp increase in violent knife offences that occurred
at the same time as recent falls in gun crime, demonstrate the
limitations of measures that target specific lethal implements
in attempting to reduce overall levels of violent crime. The British
Shooting Sports Council argued that:
Firearms are simple technology and the advent
of computer aided design and computer aided manufacture systems
has facilitated illicit manufacture
Criminals will manufacture
firearms if no other source is available. Firearms availability
is a matter of supply and demand, and success is more likely to
come from reducing criminal demand.[62]
The Minister agreed that "supply is part of
the issue, but it is not the only issue".[63]
Tackling the root causes of violence in our society must constitute
a key part of a prevention strategy.
38. While this issue fell outside the scope of our
inquiry, witnesses from Cumbria emphasised how distressing the
intrusive media coverage of the Derrick Bird shootings was for
victims' families and the wider community. The local MP, Mr Jamie
Reed, spoke of the "frankly gratuitous, shocking, unjustifiable,
invasive media coverage that surrounded much of it, which has
left very, very deep scars".[64]
He added:
In these instances the media has a crucial role,
in the first instance, in disseminating informationa hugely
important public protection role in many ways. When the incident
is overthis incident was done in little over an hourthe
role of the media changes and, of course, it's right and proper
that it should be reported upon. Is it right and proper that people
should be offered money to sell stories when, as we know, once
we develop a marketplace for this kind of commodity stories are
invented with no regard for the people affected by what's printed
or broadcast?[65]
39. Professor John Ashton, Director of Public Health
for Cumbria, argued that the way in which shootings were reported
by the media increased the risk of copycat incidents. Speaking
in respect of the Derrick Bird shootings, he said:
I think you have to distinguish between the specific
events and violence prevention more generally, out of which this
event will have grown ... I think the role of the media is terribly
important in these events. One of the colleagues that I was with
when this happened has headed up the Center for Disease Control
and Prevention: injury and violence prevention centre in America
for the last 10 years ... he has extensive experience of all the
mass shootings in America. So we were able to draw on some of
that knowledge and insight and feed it into Cumbria from a distance.
I don't think this event would
have happened if there hadn't been the mass media sensationalist
coverage ... of the Columbine shootings and these other things.
This is the context, and the media coverage of this event will
have sown the seeds for another event somewhere else in the world,
because of the global satellite coverage and the sensationalisation
of it. That's a big strand of this that needs to be addressed
bearing in mind that, within a few weeks, there was another similar
kind of thing in Northumberland.[66]
However, we note that if Bird had not possessed the
firearms, the killings would not have occurred. Professor Ashton
advocated a code of practice for the media; we wrote to the media
regulators to ascertain their views on this proposal.[67]
40. In response to these criticisms, the Press Complaints
Commission (PCC) told us that they run a 24-hour system enabling
any individual who feels harassed by the attentions of the media
to contact their staff, who can then disseminate requests for
privacy across the print and broadcast media industries. The
PCC facilitated one such request for a family affected by the
Derrick Bird shootings. The PCC also independently enforces
a Code of Practice, which includes a set of standards on privacy,
harassment and intrusion into grief or shock. All broadcasters
who have an Ofcom licence, as well as S4C and the BBC, are required
to comply with Ofcom's Broadcasting Code, which forbids the broadcast
of material which "condones or glamorises violent, dangerous
or seriously antisocial behaviour and is likely to encourage others
to copy such behaviour". The Code also requires broadcasters
to "avoid any unwarranted infringement of privacy in programmes
and in connection with obtaining material included in programmes."
Failure to comply with these rules can result in sanctions. Both
Ofcom and the PCC stated their willingness to discuss any recommendations
for improvements in this area.
41. During the course of our inquiry, several witnesses
touched on the question of whether there was a link between the
use of violent entertainment media, such as video games, and violent
behaviour. This is a wider and more serious issue than can be
dealt with here. We intend to return to it later.
42. The supply of firearms is only part of the
challenge of reducing gun violence. We understand that the Government
is to publish details of its crime prevention strategy at the
end of the year. In order to tackle the drivers of gun crime,
we recommend that this strategy should explicitly link to long-term
measures to reduce domestic violence, measures to tackle the social
factors which foster extreme violence and measures to clamp down
on illegal drug markets and other forms of serious and organised
crime. We are concerned about the potential for sensationalist
media coverage of shootings to encourage copycat killings. In
respect of this last point, we recommend that the Government ask
the media regulatory bodies to enforce a code of practice which
both prohibits overtly sensational media coverage of shootings
and offers greater protection to victims and their families against
intrusive reporting.
43. We note the evidence given to us about the
need for a 'public health' approach to preventing and limiting
violence. We also note that the unique and imaginative approach
to the collection and analysis of data about violent incidents
led by Professor Jon Shepherd in Cardiff has delivered major improvements,
measured by the significant drop in the number of victims needing
treatment at Accident and Emergency. We recommend that a careful
analysis based on science and 'engineering' methodology should
be applied to this field of prevention.
1 Home Office Statistical Bulletin, Homicides, Firearm
Offences and Intimate Violence 2008/09, January 2010, p 38;
Home Office Statistical Bulletin, Crime in England and Wales
2009/10: Findings from the British Crime Survey and police recorded
crime, July 2010. Figures for air-weapon offences are not
available in this publication. Back
2
Firearm Crime Statistics, Standard Note SN/SG/1940, House of Commons
Library, June 2010,Chart 1 Back
3
Home Office Statistical Bulletin, Homicides, Firearm Offences
and Intimate Violence 2008/09, January 2010, p 38 Back
4
Ibid., Figure 2.1 Back
5
Home Office Statistical Bulletin, Homicides, Firearm Offences
and Intimate Violence 2008/09, January 2010, p 44 Back
6
Ibid, adapted from Tables 2a and 2.05. Back
7
Compared with 75%-80% of homicides in Washington DC, for example
[Q 316, Mr Nickles] Back
8
Ev 111 [Home Office] Back
9
Ev 76 [Professor Squires] Back
10
Home Office Statistical Bulletin, Crime in England and Wales
2009/10: Findings from the British Crime Survey and police recorded
crime, July 2010, Table 2.04 Back
11
Q 70 Back
12
Q 227 Back
13
Gavin Hales, Chris Lewis and Daniel Silverstone, Gun crime:
the market in and use of illegal firearms, Home Office Research
Study 298 (London: Home Office, 2006) Back
14
Q 229 Back
15
Gavin Hales, Gun Crime in Brent (Portsmouth: University of
Portsmouth, 2005), p 29 Back
16
Q 142 Back
17
Q 160 Back
18
Power to legislate on firearms was reserved to the UK Parliament
under the Scotland Act 1998, although the potential devolution
of air weapons is currently under discussion. Firearms in Northern
Ireland are controlled in a slightly different way by the Firearms
(Northern Ireland) Order 2004. Back
19
The Cullen Inquiry followed the shootings in Dunblane in 1996
by Thomas Hamilton. Its focus was on handguns, as these were the
weapons used. The Government of the time subsequently banned handguns
from private ownership except in a number of exceptional circumstances. Back
20
The Hon Lord Cullen, The public inquiry into the shootings
at Dunblane Primary School on 13 March 1996, 1996, para 9.11 Back
21
Data provided by the Home Office Public Order Unit, with the following
caveats: i) since weapons are not always recovered, the licensing
status cannot always be determined; ii) centrally-collected data
on the licensing status of firearms do not give any indication
as to who held the firearm/shotgun certificate. Therefore, it
cannot be assumed that any of the suspects, or the homicide victims,
were the certificate holders. Back
22
Ev 111 Back
23
Ev 105 Back
24
Qq 225-6 Back
25
Q 315 Back
26
Gavin Hales, Chris Lewis and Daniel Silverstone, Gun crime:
the market in and use of illegal firearms. Home Office Research
Study 298 (London: Home Office, 2006) Back
27
Ev 98 Back
28
The Hon Lord Cullen, The public inquiry into the shootings
at Dunblane Primary School on 13 March 1996, 1996, para 9.46 Back
29
See Ev w30 for more details. Back
30
Ev 98; Q 175 Back
31
Ev 78; Q 50 Back
32
Q 50 Back
33
Home Office Statistical Bulletin, Firearms Certificates in
England and Wales 2008/09, March 2010, Scottish Government,
Firearms Certificates, Scotland, 2009, May 2010 Back
34
Ev 64 [British Association of Shooting and Conservation] Back
35
Ev 54 Back
36
See, for example, Ev 55 [British Shooting Sports Council] Back
37
See, for example, Ev 86 [Countryside Alliance] Back
38
Ev w16 Back
39
Ev 86 Back
40
Ev 81 [Gun Trade Association] Back
41
Ev 82 [Gun Trade Association] Back
42
Ev w6 Back
43
Ev w19-20; Ev w40 Back
44
Ev w12 Back
45
Ev w18. Calculated from the reduction in firearm and shotgun certifications
depicted in table 1 of the Home Office Statistical Bulletins,
combined with the average holding of shotguns and firearms by
each certificate holder. Back
46
Q 66 Back
47
Home Office Statistical Bulletin, Homicides, Firearm Offences
and Intimate Violence 2008/09, January 2010 Back
48
Ev w22 Back
49
Adapted from Firearm Crime Statistics, Standard Note SN/SG/1940,
House of Commons Library, June 2010, Table 2. Rifles are counted
under 'other'. Back
50
Ev 96 Back
51
Gavin Hales, Chris Lewis and Daniel Silverstone, Gun crime:
the market in and use of illegal firearms. Home Office Research
Study 298 ( London: Home Office,2006), pp 114-5 Back
52
Ev 103 Back
53
Ev 111 Back
54
Q 66 Back
55
Q 142 Back
56
Home Affairs Committee, Second Report of Session 1999-2000, Control
over Firearms, HC 95, para 226 Back
57
Q 18 [Mr Doe] Back
58
Ibid. Back
59
Q 18 [Mr Doe] Back
60
Ev 105 [ACPO Firearms and Explosives Working Group] Back
61
Q 301 Back
62
Ev 56 Back
63
Q 309 Back
64
Q 162 Back
65
Q 164 Back
66
Q 166 Back
67
Q 167 Back
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