House of Commons - Firearms Control - Home Affairs Committee

Firearms Control - Home Affairs Committee Contents

4 Tackling misuse of other firearms

The illegal gun market

105. Professor Peter Squires argued that in recent decades the illegal gun market has changed significantly, in three major ways:

Firstly, firearms manufacturers have franchised out their designs to other manufacturers, creating a large market in replica weapons, with some police forces reporting that as many as 25% of their armed response call-outs involve replica firearms.
Secondly, a range of pistol-type weapons such as 'blank firers', CS gas guns, high-pressure gas pellet firing weapons or air pistols are capable of conversion so as to enable them to chamber and fire real bullets.
Finally, dealers have bought significant batches of deactivated weapons (often military weapons deactivated and sold as souvenirs) and reversed the deactivation process in machine shops in order to bring the firearm back to working order.[166]

106. These trends were confirmed by information given to us in both public and private sessions with representatives of the National Ballistics Intelligence Service (NABIS) and the Association of Chief Police Officers' (ACPO) lead officer for Criminal Use of Firearms, Assistant Chief Constable Sue Fish. The Head of NABIS, Mr Paul James, told us that:

167

107. Professor Squires criticised a lack of proactive focus placed on identifying up and coming threats in relation to firearms. The Home Office stated that intelligence on firearms has "improved considerably" since the establishment of NABIS in 2008.[168] NABIS examines every crime where there is potential to recover a bullet or cartridge from a crime scene, following which, they are logged on to a computerised system, in order to see whether a weapon has been used previously and on how many occasions. This enables the service to build a picture of the number of firearms in circulation, and, if the gun used in the crime has not been recovered, to attempt to recover it. Professor Squires accepted this point to some extent, but he maintained that "we need to have better data and they need to be shared with relevant science communities to take a better look into the future at the emerging problems".[169]

108. In response, Mr Matt Lewis, speaking on behalf of NABIS, gave the following opinion:

The data are extremely sensitive because it is not only about individual weapons; the real benefit of NABIS is that it allows us to break into categories and supply chains of weapons, so where we see a particular supply of weapons we can take action with partners. In revealing the statistics and data, in effect, we would be printing a guide either to convert or to import firearms into the UK, and the methods and how to do it ...

170

109. Replica, converted and deactivated firearms have emerged as a major source of illegal guns, perhaps owing to the difficulties that criminals now experience in acquiring genuine lethal firearms. In the past, policy-making to tackle emerging threats has been hampered by the lack of an effective evidence base about criminal use of firearms. We are encouraged that the formation of the National Ballistics Intelligence Service has gone some way towards addressing this deficiency. While clearly we would not be in favour of any disclosure that would compromise police operations, or assist criminals in accessing lethal weapons, we urge the National Ballistics Intelligence Service and the police to make generalised data about the illegal gun market available to academics and policy-makers more widely where this would not interfere with operational requirements, in recognition of the contribution that such individuals can make to crime reduction.

MEASURES TO TACKLE DEACTIVATED FIREARMS

110. Deactivated firearms are controlled under Section 8 of the Firearms (Amendment) Act 1988. Those wishing to own a legal deactivated weapon can present it to the Proof Authorities who will confirm the de-activation by marking the item and issuing a certificate. This is not compulsory, "but it has become the widely accepted system for showing that a firearm has been properly deactivated and that it can be possessed and traded lawfully".[171] There are approximately 300,000 deactivated weapons in the UK, approximately 200,000 of which have been submitted to Proof Authorities. The specification for deactivation was revised in 1995 to make reactivation of certain items more difficult.[172]

111. Professor Squires stated that "the market in deactivated and reactivated weapons ... is a glaring gap in the system of gun controls in this country".[173] The previous Government published a consultation paper in 2009 which proposed a number of options for further control of deactivated firearms, including treating deactivated guns as realistic imitation firearms; making deactivation standards a mandatory requirement; requiring pre-1995 deactivations to be modified to the 1995 standard; selling deactivated guns only through Registered Firearms Dealers; and prohibiting people convicted of serious criminal offences from possessing de-activated firearms.[174] No action has since been taken. NABIS and ACPO have recommended that consideration be given to ensuring that pre-1995 deactivated firearms are aligned with the post-1995 standard of deactivation "in order to prevent exploitation by criminally minded individuals".[175]

112. Shooting organisations have generally opposed these proposals.[176] Modifications are very costly for legitimate collectors. According to Mr John Batley, of the Gun Trade Association:

177

The British Association for Shooting and Conservation was also sceptical about the amount of evidence showing a widespread problem of deactivated firearms, and in particular proof that it related to deactivation taking place in the UK rather than to imported weapons.[178]

113. The statistics in the 2009 consultation paper did appear to show that the use of deactivated and reactivated weapons in crime is very low, five instances in 2007/08 for example. However, the paper also noted that in 60% of firearms offences, no shot is fired, and therefore it is difficult to identify the weapon; and that in 2004 a father and son were imprisoned for selling deactivated weapons that were used in at least 96 criminal cases.[179] Furthermore, since its formation in 2008, NABIS has identified "a change in criminal activity related to pre-1995 deactivated firearms".[180] We were made aware in private session of ongoing investigations into the conversion of a significant number of pre-1995 standard weapons into live weapons within the UK, which were subsequently used in very serious crimes.

114. Restricted intelligence from the National Ballistics Intelligence Service indicates that a significant number of pre-1995 standard weapons have been reactivated into live weapons within the UK, and subsequently used in very serious crimes. We therefore recommend that the Government introduces a requirement for firearms that were deactivated before 1995 to be modified to the 1995 standard, in order to make it harder for criminals to gain access to readily-reactivated weapons. We also recommend that deactivated guns are only sold through Registered Firearms Dealers.

MEASURES TO TACKLE BLANK FIRING IMITATION FIREARMS

115. 'Blank firers' are a type of imitation firearm used legitimately in starting athletic races, dog training, re-enactment, police and military training, film, TV and theatre production; they are also owned by collectors of militaria. However, some imitation firearms can be converted into firing weapons; "readily convertible" items are open to classification as a prohibited weapon. The Metropolitan Police Service has previously estimated that as many as 50% of all illegal firearms used in crime in London are conversions or imitations,[181] and evidence from the force's Operation Trident in 2004 suggested that 75% of murders and attempted murders with a firearm involved converted pistols. Just over one-fifth of almost 9,000 firearms submitted to the National Forensic Science Service for analysis between 2003 and 2008 were converted weapons.[182]

116. A number of such weapons have been the subject of specific prohibitions. Following concerns raised about the illegal conversion and criminal use of the Olympic .380 BBM blank firer by the Metropolitan Police Service in 2009, the Forensic Science concluded that the items were 'readily convertible' according to section 1(6) of the Firearms Act 1982 and therefore open to classification as a prohibited weapon. As of April 2010 it is illegal for anyone to be in possession of one of these items without an appropriate license.

117. Section 39 of the Violent Crime Reduction Act 2006 provided for the Secretary of State to make regulations requiring blank firers to conform to a certain specification. A person would be guilty of an offence if he were to manufacture, modify or import an imitation firearm which did not conform to such a specification. This would make it easier to outlaw readily-convertible weapons prior to their production. However, no regulations have yet been laid under this Section. Professor Squires argues that "rather than wait for each new weapon type to surface on the streets, a rather more proactive and preventive response is called for." Ms Fish agreed:

183

When asked why regulations had not been made, Ms Fish responded that she understood that it had not previously been a Home Office priority.[184]

118. NABIS and the ACPO Criminal Use of Firearms Group stated that:

Both before and after the operation to remove the Olympic .380 BBM Blank Firer from sale and circulation it was, and continues to be, our view that the current standard in relation to the specification applied to blank firing weapons in the UK is not fit for purpose. ACPO recommends that the standard be revised with the utmost urgency ...

185

We heard restricted information in private session to suggest that the continued use of blank imitation firers in serious criminality warrants action. The British Association of Shooting and Conservation supported type approval of blank firing imitations, stating that it would "provide importers and traders with peace of mind".[186]

119. The previous Government introduced legislation enabling a more pro-active approach to outlawing "readily-convertible" imitation firearms via the Violent Crime Reduction Act 2006, but did not take the necessary action to bring this into effect. Restricted intelligence from the National Ballistics Intelligence Service reveals the significant role that converted firearms play in facilitating serious criminality. We therefore recommend that the Home Secretary make regulations under Section 39 of the Violent Crime Reduction Act 2006 to require imitation firearms to conform to a specification that makes it more difficult for them to be converted into firing weapons, and that a process of type approval be introduced concurrently to limit the introduction of non-compliant items into the market place.

STRONGER ENFORCEMENT AGAINST CONVERSION, SUPPLY AND IMPORTATION OF ILLEGAL FIREARMS

120. The legal definition of a prohibited 'readily convertible' firearm is outlined in Section 1(6) of the Firearms Act 1982, as follows:

(6) For the purposes of this section an imitation firearm shall be regarded as readily convertible into a firearm to which section 1 of the 1968 Act applies if—

(a) it can be so converted without any special skill on the part of the person converting it in the construction or adaptation of firearms of any description; and

(b) the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own homes.

NABIS and ACPO argued in respect of (b) that:

187

Ms Fish described to us (in private session) the methods by which imitation weapons can be converted, adding that "we need to change the legislation around the tools that are available, because the wording currently reflects an age that simply doesn't exist any longer".[188]

121. NABIS and ACPO further recommended that two new offences should be created in relation to supply and importation of prohibited firearms:

"Possession of a firearm with intent to supply"—on the basis that the currently-applicable offence of straight possession (ten years for a prohibited weapon, less for section 1 firearms or shotguns without a certificate[189]) for middle-men who supply firearms to others is not appropriate for the seriousness of the offence; and
"Importation of, or conspiracy to, import firearms without a licence" with a maximum sentence of life imprisonment, given that relevant customs or possession offences currently carry a maximum sentence of only ten years imprisonment.[190]

122. As a comparison, the maximum penalty for intent to supply class A drugs and for trafficking class A drugs is life imprisonment. The Lord Chief Justice, Lord Judge, stated in his summing up of a recent appeal in relation to firearms offences that being in possession of a firearm with intent to supply them "is not less criminally reprehensible" than the importation of drugs or possession with intent to supply.[191] Mr Lewis explained why NABIS considered that current penalties were inadequate:

192

123. Professor Squires said he had identified one particular source of imported illegal weapons through interviews with law enforcement personnel—returning soldiers.[193] Mr Paul James, of NABIS, denied there was evidence that this was a widespread problem, beyond a "couple of odd instances".[194] Professor Squires also told us that:

195

Mr Lewis said that NABIS works closely with the UK Border Agency on trying to target weapons such as CS sprays, as well as Taser devices.[196]

124. The Government should introduce legislation to amend section 1(6) of the Firearms Act 1982 to ensure that the definition of a 'readily-convertible' imitation firearm accurately reflects the abilities of contemporary criminals to carry out such conversions, and introduce new offences for supply and importation of firearms to ensure that those guilty of such offences face appropriate penalties. Closer working with the UK's European partners is also key to tackling the illegal importation of firearms.

Measures to combat misuse of low-powered air weapons

125. Air weapons can be divided into the following categories:

Airsoft guns have muzzle energies of less than one foot pound and are therefore not considered lethal, do not fit the definition of a firearm and do not come under the control of the Firearms Act 1968.
Air weapons which have muzzle energies above one foot pound but below six foot pounds (in the case of air pistols) or 12 foot pounds (in the case of air rifles) are capable of inflicting a penetrating wound and therefore classed as 'firearms' but do not require a licence because of their comparatively low power.
Air rifles with muzzle energy in excess of 12 foot pounds require a firearm certificate.
Air pistols with muzzle energy in excess of 6 foot poundsare prohibited.[197]

It is estimated that there are about 7 million low-powered air weapons in circulation in the UK.[198]

126. There are age restrictions on ownership of low-powered air weapons. Individuals under 14 years of age may not buy, hire, borrow or receive an air gun or ammunition as a gift. Parents wishing to buy air guns for under-14s must not allow them to be in possession of the air gun or ammunition unsupervised. Under-14s can use air guns under the supervision of someone of or over 21 years of age, on private premises with appropriate permission. Between 14 and 17 years of age it is legal to borrow an air gun from a person aged over 18 years of age and use it on private property, without supervision. A person within this age group may not carry an air gun in a public place unless supervised by a person of or over 21 years and only with good reason.

127. There have been a number of recent pieces of legislation to tackle low-powered air gun use. The Anti-Social Behaviour Act 2003 raised the age limit at which a person could buy 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 required anyone who wishes to sell air weapons by way of trade or business to register with the police as a firearms dealer; required such sales of air weapons to be made face to face; increased, from 17 to 18, the minimum age for acquiring or possessing an air weapon; and made it an offence for any person to fire an air weapon beyond the boundary of any premises. The Crime and Security Act 2010, when it comes into effect, will make 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.

128. Our predecessor Home Affairs Committee advocated in 2000 that the Government of the time should go a step further in requiring the licensing of all air weapons. The then-Government rejected this in its response.[199] The Gun Control Network repeated the desirability of such a measure owing to their concern about the continued misuse of air weapons. It based this argument on the following factors:

There are many reports of low-powered air guns being used to threaten partners and ex-partners.
Without registration it is easy for them to fall into the hands of children and young people, often as a result of inadequate storage.
Low-powered air guns may be purchased without background checks and so can easily be obtained by those banned from owning firearms, or others who would be deemed unsuitable for gun ownership.
"There is plenty of evidence that they are lethal".[200]

129. There have been a number of fatalities (ten since 1998, according to Professor Squires[201]) caused by low-powered air weapons, especially among children and teenagers, and they were responsible for a fifth of all serious gun injuries in 2008/09.[202] Air guns are also frequently used in attacks on pets and wildlife; in 2008 the RSPCA dealt with 759 animals affected by the improper use of airguns.[203]Some 92% of air weapon offences involve the weapon being fired, compared with only 12% of handgun offences.[204]

130. However, a number of witnesses drew attention to falling levels of reported air weapon offending.[205] The Historical Breechloading Small Arms Association cited data showing that violent offences involving air guns fell from 23,77 to 1,311 between 1983 and 2008, while the overall number of violent offences rose.[206] When asked about this, Professor Squires said:

207

We requested data from the Home Office of the number of criminal convictions for recently-created air weapon offences (which relate to possession, purchasing and improper use of air weapons, but do not cover air weapon enabled crime, such as criminal damage) to see the extent to which the legislation is being used:

Table 4: Number of defendants found guilty at all courts for selected firearms offences, England and Wales, 2000-2009[208]

Offence Year

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Selling or transferring an air weapon unlawfully (Firearms Act 1968 S.3(2) as added by Violent Crime Reduction Act 2006)
-
-
-
-
-
-
-
-
-
1

Carrying a loaded or unloaded or imitation firearm or air weapon in public place (Firearms Act 1968 S.19 as amended by ASB Act 2004)
-
-
-
-
-
-
-
-
67
155

Person under 17 purchasing or hiring firearm or ammunition (Firearms Act 1968 S.22(1))
3
1
-
-
-
-
-
1
-
-

Person under 17 having with him an air weapon or ammunition
(Firearms Act 1968 S.22(4))

26
3
5
3
2
7
8
19
18
19

Person under 17 making improper use of air weapon under supervision
(Firearms Act 1968 S.23(1))

1
1
-
-
7
4
2
5
1
-

Person supervising permitting improper use of air weapon by person under 17
(Firearms Act 1968 S.23(1))

2
-
-
-
1
3
-
-
-
-

Selling or letting on hire a firearm or ammunition to person under 18
(Firearms Act 1968 S.24(1))

-
-
-
-
-
-
1
2
-
-

Supplying air weapon to person under 17 (Firearms Act 1968 S.24(4))
2
2
2
-
-
-
-
-
-
-

Fire an air weapon beyond premises (Firearms Act 1968 S.21A as added by Violent Crime Reduction Act 2006)
-
-
-
-
-
-
-
2
20
38

Total 24 7 7 3 10 14 11 29 106 213

131. Shooting organisations were concerned about the impact of a licensing regime on legitimate users, which they argued would be disproportionate. Mr Batley told us that it would be "enormously costly and bureaucratic".[209] The Gun Trade Association argued that:

210

The Home Office stated that the "vast majority of air guns are used in a responsible and disciplined manner for legitimate purposes" such as target shooting. It also noted, a point reiterated in a number of submissions from shooters, that air guns are used frequently by clubs to introduce new members to the safe handling of firearms.[211] The NFU notes that "the ability for farmers to use air guns is vital" for controlling smaller pests.[212]

132. Finally, the ACPO Firearms and Explosives Licensing Group was "not convinced" that applying certificate control to low powered air guns would "produce proportionate public safety outcomes":

213

Shooting organisations considered that the Crime and Security Act 2010 should be given a chance to have an effect, before further legislation is introduced, and that the focus of prevention of air weapon misuse remain on education and enforcement.[214]

133. Reported air weapon offences have been falling since 2003/04, possibly in response to legislation, although we appreciate that such offences are likely to be under-represented in official figures. We were encouraged by the number of successful prosecutions for possession of air weapons in public or by underage individuals, and improper firing of air weapons, that have been undertaken since 2008. Greater enforcement of air weapon offences, such as criminal damage, should form part of the more general police undertaking to be tougher on anti-social behaviour. Before considering whether or not to incorporate low-powered air weapons into the firearms licensing regime, the Government should continue to monitor closely the impact of recent legislation, including the Crime and Security Act 2010 on reducing air weapon offences.

166 Ev 75-6 Back

167 Q 230 Back

168 Ev 111 Back

169 Q 64 Back

170 Q 231 Back

171 Home Office, Controls on Deactivated Firearms: A Consultation Paper, February 2009, p 7 Back

172 Background paper provided to us by John Batley of the Gun Trade Association Back

173 Q 69 Back

174 Home Office, Controls on Deactivated Firearms: A Consultation Paper, February 2009 Back

175 Ev 102 Back

176 See, for example, the British Association of Shooting and Conservation's response to Controls on Deactivated Firearms: A Consultation Paper, May 2009, www.basc.org.uk Back

177 Q 137 Back