Written evidence submitted by the British Shooting Sports Council (PCB 30)

Transcription

1 Written evidence submitted by the British Shooting Sports Council (PCB 30) Introduction The British Shooting Sports Council is the umbrella body for the major national shooting organisations and the gun trade. The Council considers that the Policing and Crime Bill presents an immediate opportunity to achieve a small number of additional changes to the Firearms Acts which would be highly beneficial to the police and also to legal firearms owners and the gun trade. The British Shooting Sports Council supports codification of firearms legislation, but, at best, this could take years to achieve. The BSSC therefore considers that the following additional changes are well worth pursuing in the short term. These address the following (covered in detail in the attached proposals and draft amendments): 1) Uncertainties over the meaning of occupier in the context of borrowing a shotgun without a certificate (Section 11(5) of the 1968 Act) or a rifle in terms of Section 16(1) of the Firearms Amendment Act 1988). 2) the extension of Home Office club approval to cover long barrelled pistols and Section 1 shotguns used for target shooting. This is necessary for safety and training reasons; 3) the reversion of expanding ammunition to Section 1 status; 4) the extension of Section 7 permits to cover section 5 items held on a firearm certificate or shotgun certificate (mainly expanding ammunition but also pistols and disguised firearms); 5) the adoption, slightly amended, of the wording of Section 8(2) of the Licensing and Air Weapons Act (Scotland) to allow a FAC or SGC to remain in effect and not expire until the application for renewal is determined. This would remove pressure on firearms licensing offices and allow the certificate holder to pursue his sport or occupation. These proposals are supported by Assistant Chief Constable Dave Orford, Durham Constabulary, the Chair of the National Police Chiefs' Council s Firearms and Explosives Licensing Working Group. The BSSC is seeking support from members of Parliament for these proposals. David J Penn Secretary British Shooting Sports Council

2 Policing and Crime Bill 2016: British Shooting Sports Council s proposals for additions to Part 6 of the Bill 1. The British Shooting Sports Council is an umbrella body composed of the following national organisations: Association of Professional Shooting Instructors (APSI), British Association for Shooting and Conservation (BASC), Countryside Alliance (CA), Clay Pigeon Shooting Association (CPSA), Gun Trade Association (GTA), Historical Breechloading Smallarms Association (HBSA), Institute of Clay Shooting Instructors (ICSI), Muzzle Loaders Association of Great Britain (MLAGB), National Rifle Association (NRA), National Smallbore Rifle Association (NSRA), Scottish Association for Country Sports (SACS), Sportsman s Association of Great Britain and Northern Ireland (SAGBNI), and the United Kingdom Practical Shooting Association (UKPSA). 2. The Policing and Crime Bill Section Part 6 includes sections intended to bring into law recommendations proposed by the Law Commission. While supporting in principle these recommendations and also the Commission s proposal that in the longer term the law on firearms be codified, the BSSC is of the view that this Bill provides an excellent opportunity to make a small number of additional changes which would simplify and streamline the administration of the Firearms Act at a point where firearms licensing offices are under heavy pressure, all without any loss in public safety. These changes, which are not listed in order of preference, are: 3. Address the problem caused by the term occupier in relation to the borrowing of a shotgun without a shotgun certificate (Section 11(5) of the 1968 Act) or a rifle without a firearm certificate (Section 16(1) of the Firearms Amendment Act 1988) by substituting authorised person (to be defined, but it is intended that the holder of a shotgun certificate or a firearm certificate would be authorised by the owner or occupier of the land in question). Recent enquiries to police forces suggest a lack of clarity as to how the term occupier is understood, but it is usually construed narrowly, so, for instance, a person with shooting rights would not be an occupier unless he also owned or rented the land. It is expected that this would be welcomed by the police as it would reduce the number of certificates on issue and particularly because they would no longer have to face criticism from the media for issuing shotgun certificates to children wishing to shoot because their parent or guardian is not an occupier. It has no adverse implications for public safety; and would be helpful to police and shooters by providing legal certainty. 4. Extend Home Office Club approval to cover Section 1 shotguns used for target shooting and long barrelled pistols. At approved clubs the club may possess firearms for the use of its members and members may temporarily possess each other s firearms. This allows the club to instruct new members in safety and shooting skills, as it is required to do, and for a Range Officer to take possession of a firearm on the range in the event of a problem. At present the Home Office may only approve target shooting clubs to use rifles or muzzle-loading pistols. Increasingly popular for target shooting are long barrelled pistols and self-loading shotguns. Both are subject to Section 1 of the Firearms Act, but, because of the limitations placed on firearms for which Home Office Approval may be given, only the person on whose firearm certificate the pistol or shotgun is entered may use it at the club. This has adverse

3 consequences in that clubs may not possess such arms for members use, may find the possession stricture makes difficult safety instruction and does prevent Range Officers from taking control of such firearms should the need arise. A very simple series of amendments is proposed, viz. the removal of the word rifle from various parts of Section 15 of the Firearms (Amendment )Act 1997 so that a club may be approved for any type of Section 1 firearm used for target shooting. 5. The reversion of expanding ammunition from Section 5 prohibited status to Section 1. Expanding ammunition is mandated for deer and is the humane option for vermin control and humane despatch, so it is widely possessed, so certificates are rendered more complex by the inclusion of the additional authorities to acquire and possess. It is also safer, being less prone to ricochet. Until 1992 no-one perceived expanding ammunition as a problem, but its status was changed in Firearms (Amendment) Regulations 1992, which appears to have arisen from a misunderstanding of the EU Weapons Directive 91/477/EEC of the 18 th June 1991, which prohibited expanding pistol ammunition for certain purposes. It is our understanding that the NPCC has also asked for this reversion. It would simplify the licensing process, would save money for the police and would also facilitate the movement of such ammunition through the trade. 6. The recent Her Majesty s Inspectorate of Constabularies report on firearms licensing made abundantly clear that very large numbers of certificates are not being renewed before the expiry date. This results in difficulties for police and certificate holders alike. The police either have to issue a Section 7 temporary permit (which however does not cover prohibited items such as expanding ammunition) which requires almost the same effort as granting a firearm certificate, or the shooter is required to lodge his firearms with a dealer, which curtails his sport (or indeed his business) and results in an unmerited financial penalty for which the police may become liable. BSSC suggests two measures to get around the foregoing difficulties. The first would be the extension of Section 7 temporary permits to cover Section 5 items held on FAC or SGC (mainly expanding ammunition but also pistols and disguised weapons). This would also be of help in circumstances (other than certificate renewals) when temporary possession has to be authorised, for instances when there are firearms and/or ammunition in deceased s effects. The second would be the adoption, slightly amended, of Section 8 (2) of the Licensing and Air Weapons Act (Scotland) which states Where an individual has applied for the renewal of an air weapon (delete and substitute firearm or shotgun ) certificate before its expiry but the chief constable has not, as at the date of its expiry, determined whether or not to grant the renewal, the certificate is to continue to have effect until the application is determined. This would remove pressure on the firearms licensing office, obviate the need to issue a Section 7 permit and allow the certificate holder to pursue his sport or occupation. April 2016

4 POLICING AND CRIME BILL 2016 DRAFT AMENDMENTS Authorised persons permitted to lend shotguns Sports, athletics and other approved activities For Section 11(5), substitute- A person may, without holding a shot gun certificate, borrow a shot gun from the owner or occupier of private premises or a person authorised by the owner or occupier and use it on those premises in the presence of the owner, occupier or authorised person. Authorised persons permitted to lend rifles Firearms (Amendment) Act 1988 Exemptions Borrowed rifles on private premises For Section 16(1), substitute- A person of or over the age of seventeen may, without holding a firearm certificate, borrow a rifle from the owner or occupier of private premises or a person authorised by him, and use it on those premises in the presence of the owner, occupier or authorised person or a servant of them if- (a) the owner, occupier or authorised person in whose presence it is used holds a firearm certificate in respect of that rifle; and (b) the borrower s possession and use of it complies with any conditions as to those matters specified in the certificate. Home Office Club approval to cover Section 1 shotguns and long barreled pistols used for target shooting Firearms (Amendment) Act 1997 Approved rifle clubs and muzzle-loading pistol clubs At Section 45(1), subsection (1) substitute- Approved clubs Section 15(1) of the Firearms (Amendment )Act 1997 would be amended to read: Subject to subsection (4) below, a member of a rifle club approved by the Secretary of State may, without holding a firearm certificate, have in his possession a rifle firearm and ammunition when engaged as a member of the club in connection with target shooting. Section 15(2) would be amended to read: Any club may apply for approval, whether or not it is intended that any club member will, by virtue of subsection (1) above, have rifles firearms subject to Section 1 or ammunition in their possession without holding firearm certificates. Sections 15(4) would be amended to read: The application of subsection (1) above to members of an approved rifle club may:- (a) be excluded in relation to the club, or

5 (b) be restricted to target shooting with specified types of rifle firearm, by limitations contained in the approval. 15 (7) would also have the word rifle deleted, to read: A constable or civilian officer authorised in writing in that behalf may, on producing if required his authority, enter any premises occupied or used by an approved rifle club and inspect those premises, and anything on them, for the purpose of ascertaining whether the provisions of this section, and any limitations or conditions in the approval, are being complied with. 15(10) would have the first occurrence of rifle deleted to read in part rifle club includes a miniature rifle club. Sections 15(11) and 15(12) become redundant, as muzzle-loading pistols are Section 1 firearms so would be included in the types for which a club may be approved. Expanding ammunition permitted to be possessed under Section 1 Firearms (Amendment) Act 1997 Prohibited ammunition: expanding ammunition and missiles for expanding ammunition Delete Sections 9 and 10. Police permit to authorise possession of Section 5 items Police Permit At Section 7(1) substitute- A person who has obtained from the chief officer of police for the area in which he resides a permit for the purpose in the prescribed form may, without holding a certificate or authority under this Act, have in his possession a firearm and ammunition in accordance with the terms of the permit. Firearm and shot gun certificate to remain valid until application is determined Certificates: supplementary At Section 28A(1) add- Where an individual has applied for the renewal of a certificate before its expiry but the chief constable has not, as at the date of its expiry, determined whether or not to grant the renewal, the certificate is to continue to have effect until the application is determined.