Author: DCI Matt Markham November 2015

Similar documents
Author: DCI Matt Markham November 2015

Author: DCI Matt Markham November 2015

F o r e n s i c B a l l i s t i c L a b o r a t o r i e s CONTENTS. Mini Flare Kit is not a Section 1 Firearm Page 1

Know your law Air weapons

LICENSING SERVICES DIVISION QUICK GUIDE

Guide on Firearms Licensing Law

Registered Firearms Dealers are expected to maintain the highest standards with the requirements of the Firearms Acts.

EXPOSURE-DRAFT. Customs (Prohibited Imports) Amendment (Firearms) Regulation 2013

Management Information Firearm Certificates Report: Quarter /17

Sporting Shooters Association of Australia (Victoria)

F I R E A R M S C O N T R A B A N D & C O N S E Q U E N C E S

A Guide for Performing Arts and Historical Re-enactment Groups Using Firearms and Other Weapons

Management Information Firearm Certificates Report : Quarter / /17

INFORMATION SHEET BEFORE YOU START... Application to Register Firearms (for Individuals) A - TYPE OF ACQUISITION

FIREARMS RECOVERY PROTOCOL

A Dialogue on Handguns and Assault Weapons

REDUCTION ACT VIOLENT CRIME THE. Guidance to: & Imitation Firearms. Realistic Imitation. Air Weapons, Primers, Firearms

SAFETY AWARENESS Handguns

Section 9 SAFE STORAGE, DISPLAY, TRANSPORTATION & HANDLING OF NON-RESTRICTED FIREARMS

Unit 8: Firearms & Ballistics

FIREARMS THEFT IN AUSTRALIA

LICENSING & REGULATION DIVISION QUICK GUIDE

Ohio Legislative Service Commission

Specifically, the bill addresses:

FIRING PIN STATUS NOTES

THE RECENT CHANGES TO JSP403 MARCH Introduction

S 0412 S T A T E O F R H O D E I S L A N D

ASSISTED BY / BYGESTAAN DEUR FRANCOIS DE KOCK

Committee on the Internal Market and Consumer Protection WORKING DOCUMENT. on the control of the acquisition and possession of weapons

Basic Pistol Test Study Guide

HISTORY DESIGN SAFETY

Governor Malloy s Common Sense Gun Safety Reforms

RECOVERED FIREARMS INDEX CODE: EFFECTIVE DATE:

Rules & Regulations Document Created

PRIVATELY OWNED WEAPONS (POW) SAFETY HANDBOOK FORT BENNING GEORGIA. Young minds are curious minds!

Weapons Permits PROCEDURES FOR PERMIT TO CARRY WEAPONS AND PERMIT TO PURCHASE WEAPONS

NEVADA CCW PROFICIENCY TEST

BRADY CAMPAIGN TO PREVENT GUN VIOLENCE : CATEGORY DESCRIPTIONS SCORECARD CATEGORY DESCRIPTIONS. Curb Firearm Trafficking (Maximum 35 Points)

Review of Firearms Control in New Zealand Sir Thomas Thorp, June Part 4.3 The arguments against further controls the firearms debate

HARVEY P U B L I C LIBRARY DISTRICT FIREARMS AND WEAPONS POLICY 008 I. Statement of Purpose

Adopted 8/1996 MSBA/MASA Model Policy 500 Revised 12/2014 Orig. 1995

How widespread firearm possession is among criminals, including gangs.

MAPLE LEAF MARKSMEN RIFLE AND REVOLVER CLUB 2102 ELEVENTH ST. ST. CATHARINES, ONTARIO L2R 6P7 CLUB PHONE:

SAFETY COURSE MANUAL

HISTORY DESIGN SAFETY

Making the Connection Between Gun Violence and Domestic Violence

CODE OF MARYLAND REGULATIONS (COMAR) As Amended through January 1, 2013

Every gun tells a different story Protecting everyone from the criminal use of firearms


NATIONAL FIREARMS AMNESTY 2017 REPORT

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

MAPLE LEAF MARKSMEN INC TH ST. LOUTH SOUTH ST. CATHARINES, ONTARIO CLUB PHONE: CLUB RULES AND REGULATIONS REVISED FEB *

Air Rifle Target Shooting

Page: 1 of 5 Approval Date: 01/27/2014

After being duly sworn upon oath, Mickey McQuiggan hereby deposes and states as follows:

South Washington County Schools Cottage Grove, MN

Appendix 5 NRA INSTRUCTOR TRAINING PROGRAM PRE-COURSE QUALIFICATION PISTOL

ROCK VALLEY COLLEGE BOARD POLICY 2: WEAPONS / CONCEALED CARRY

Bill C-42: An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts

Pittsburg State University Student Life

3. Possession or use of weapon unlawful to extent another licence is needed to authorise that possession or use

A/CONF.192/2018/RC/WP/EO/2

Polk County Gun Club Cecil Race Pistol Range Club Member Training and Certification

Ashford & District Rifle Club

WEST AUSTRALIAN PISTOL ASSOCIATION INCORPORATED REGULATIONS

FIRST READING Concealed Carry - University Policy Under 430 ILCS 66 Illinois Firearm Concealed Carry Act

Firearms Act (1/1998; amendments up to 804/2003 included) Chapter 1 Scope of application. Section 1 Scope of application

FORENSICS 101: A FRIENDLY PRIMER FOR WRITERS

The parents responsibility. Talking with your child about gun safety. Toy guns vs. real guns. Safe storage

Hollow Spike Tyre Deflation System

Information For Gun Users Visiting Canada

Name Date Period. Unit 16 Test Review

Ballistics. (aka Firearms Iden.fica.on)

S.S.A.A. (QLD.) Inc. BIG GAME & HUNTING RULE BOOK Edition

RANGE STANDING ORDERS

Firearms and Ammunition

C. D. M I c h e l. Collectors should be aware of and keep an eye on these potential developments. Understanding the

NATIONAL RIFLE ASSOCIATION SUBMISSION TO THE LAW COMMISSION FIREARMS LAW RESPONSE TO SCOPING PAPER NO 224

TITLE XI--FIREARMS Subtitle A--Assault Weapons. Legal Issues

Top..22 Long, Bottom..22 Long Rifle. .22 Extra Long. .22 calibre 40 grain projectile.

Handgun Safety Awareness Course

CONCEALED CARRY - UNIVERSITY POLICY

CONCEALED CARRY POLICY

Gun Owner's Responsibilities

safety safety style magazine release New Shooter 101 Beginners Workshop 2 How a handgun works

BLOOMFIELD PUBLIC SCHOOLS Bloomfield, Connecticut

REFERENCE PAGE FIREARMS AND BALLISTICS PART 2: CARTRIDGES NAME

Developing skills requires continued opportunity for instruction, practice, and encouragement.

DELAWARE RIFLE & PISTOL CLUB, INC. P.O. BOX 6107 WILMINGTON, DE

Open Carry Frequently Asked Questions

HANDGUNS FOR HUMANE DISPATCH

HANDGUN SAFETY AWARENESS COURSE

[INSERT POLICY NO.] Concealed Carry Policy

Understanding key terms in the gun control debate

Ohio Defensive Handgun: Knowledge, Skills, & Law Study Guide: Lesson One

FIREARMS LICENSE APPLICANTS IMPORTANT INFORMATION - PLEASE READ CAREFULLY

CCDW CLASSES, LLC. Call

CHAPTER VII. Range Officer Responsibilities. The Savannah River Rifle and Pistol Club utilizes two types of range officers.

SECTION XIX. Arms and ammunition; parts and accessories thereof. Chapter 93. Arms and ammunition; parts and accessories thereof

Welcome to the. New Member Pack

Transcription:

Antique firearms This work is NOT PROTECTIVELY MARKED under the Government Security Classification Policy and any referrals for advice and rationale in relation to Freedom of Information Act disclosure should be made to the Head of Knowledge and Communications, National Ballistics Intelligence Service at nabis@west-midlands.pnn.police.uk Document information Protective marking: NOT PROTECTIVELY MARKED Author: DCI Matt Markham November 2015 Force/Organisation: NABIS West Midlands Police NPCC Coordination Committee Area: NCOCC APP/Reference Material Reference Material Contact details: nabis@west-midlands.pnn.police.uk 0121 626 7114 Review date: November 2017 Version: 1.0 This revised advice has been produced and approved by the NABIS and the National Criminal Use of Firearms Group. It has been approved by NCOCC and VPP portfolio lead. The operational implementation of all guidance and strategy will require operational choices to be made at local level in order to achieve the appropriate police response and this document should be used in conjunction with other existing Authorised Professional Practice (APP) produced by the College of Policing. It will be updated and re-published as necessary. Any queries relating to this document should be directed to either the author detailed above or the Head of Knowledge and Communications at NABIS on 0121 626 7114 Copyright the Chief Constable of West Midlands Police (2015). No reproduction of this work is allowed without the express permission of the copyright owner. UK-based state law enforcement bodies may reproduce this work provided that any such use includes a reproduction of this notice in order to acknowledge the copyright owner s rights. The Chief Constable of West Midlands Police accepts no liability for the use of the information in this work which is provided for general information purposes only.

1. Antique firearms Key points It is lawful to possess antique firearms if they are kept as a curiosity or ornament. The status of an antique firearm is usually classified as antique because it requires obsolete ammunition, or because of the technical obsolescence of the weapon itself. The law on antique firearms is being exploited by criminal gangs. Section 21 of the Firearms Act 1968, which refers to disqualification from holding a certificate, applies to the possession of antique weapons. Most antique firearms used in crime are revolver type weapons, therefore spent cartridges are less likely to be found at the crime scene. Intelligence suggests multiple purchases of the same type of antique firearm might be an indicator that the weapons are more likely to fall into criminal hands. Any relevant intelligence should be developed. An antique firearm will cease to benefit from antique classification and require necessary certification if it is used in circumstances other than as an ornament or curiosity. An antique firearm remains a firearm for the purposes of offences under the Firearms Act 1968. Where a non-licensed person has possession of an antique firearm (or firearms) and equipment for making ammunition, this should be assessed as a potential crime scene. 1.1. General The law allows possession of an antique firearm if it is held as a curiosity or ornament. Antique, curiosity and ornament are not, however, defined within firearms legislation. The criteria applied, therefore, to determine if a firearm is an antique, is based upon the date of manufacture, technical obsolescence or the lack of commercially available ammunition suitable for the weapon (obsolete calibre firearms/obsolete ammunition). There is evidence, however, that criminals are adapting ammunition, or manufacturing ammunition, capable of being used in these weapons, and such weapons are being used in crime including homicides.

Section 21 of the Firearms Act 1968 applies to the possession of antique weapons, irrespective of whether they are being held as a curiosity or ornament. It would appear that criminals are increasingly exploiting the law in relation to antique weapons. The status of these weapons makes it difficult to identify those sales where the weapons are intended for criminal use. There is, however, recent UK evidence supporting academic research (Wright, Wintemute and Webster 2010: p361) suggesting that where there are multiple purchases of the same weapon, or type of weapon, either at the same time or over a period of time, these are more likely to end up in the hands of criminals. The same academic research also suggests that firearms purchased by females (supposedly because they were less likely to raise suspicion and/or they were being used/exploited by criminals) were also more likely to end up in the hands of criminals. While this has not been established in the UK, it may be worth considering when police are dealing with gun crime associated with gangs/organised crime groups. 1.2. Confirming a firearm is being held as a curiosity or ornament When police encounter a non-licensed person in possession of an antique weapon and it is believed or suspected that that person has it for criminal purposes, the following should be considered: Is the gun displayed on a wall or in a cabinet as an ornament/curiosity? If not, it may weaken any such claim. Does the person have a genuine interest in firearms? Are they a licensed gun owner? Is there any other evidence of a genuine interest in antiques/antique firearms such as magazines, membership of relevant organisations or other associated paraphernalia? It might not be unrealistic to expect to find such material in the case of someone innocently possessing an antique firearm. Does the person possess multiple weapons of the same type? Unless a person is a trader, or the guns are particularly valuable or unique, it might be unusual for an innocent person to own more than one of the same type of weapon. Is the person disqualified from possessing firearms under s21 Firearms Act 1968? If so, they cannot possess an antique weapon for any reason. If the person has ammunition suitable for the weapon (a forensic firearms expert will be required to establish this) and it not appropriately licensed, then they cannot rely on the antique status of the weapon as a defence.

If a person is found with an antique weapon in public, does the reason given align with the weapon being held as an ornament or curiosity? Are they travelling to or from a show/exhibition? Have they recently purchased it (where/when/receipts)? Does the person have component parts/equipment for making ammunition? For example, reloading press, powder measures, digital callipers/scales bullets, cases, propellants. If so, a forensic firearms expert can assist and consideration should be given to investigating it as a crime scene. 1.3. Offences that can be committed with an antique firearm Notwithstanding a firearm s status as an antique, it can still be used in the commission of various offences set out in the Firearms Act 1968, for example: Section 16 possession of a firearm or ammunition with intent to endanger life Section 16A possession of a firearm or imitation firearm with intent to cause fear of violence Section 17(1) using a firearm or imitation firearm to resist or prevent lawful arrest of himself or another Section 18 carrying a firearm or imitation firearm with intent to commit an indictable offence or to resist arrest or prevent the arrest of another Section 20 entering a building or part of a building as a trespasser without reasonable excuse whilst having with him a firearm or imitation Offences contrary to common law (murder/manslaughter), other offences against the person (assault/wounding) and offences against property may also be committed. 1.4. Crown Prosecution Service definition of antique firearms The Crown Prosecution Service legal guidance on firearms offences identifies that there is no definition of antique in the legislation. The Home Office Guide on Firearms Licensing Law (March 2015) assists prosecutors when determining if a weapon can be classified as an antique. Briefly summarised, the Home Office guide provides that the following pre-1939 guns will be classified as antique: all muzzle-loading firearms

breech-loading firearms capable of discharging a rimfire cartridge other than.22 inch or.23 inch (or their metric equivalents), 6mm or 9mm) rimfire breech-loading firearms using ignition systems other than rimfire and centrefire (these include pin-fire and needle-fire ignition systems, as well as the more obscure lip fire, cup-primed, teat fire and base fire systems) breech-loading centrefire firearms originally chambered for one of the obsolete cartridges listed in Appendix 5 of the guidance, and which retain their original chambering shotguns and punt guns chambered for the following cartridges (expressed in imperial measurements): 32 bore, 24 bore, 14 bore, 10 bore (2⅝ and 2⅞ inch only), 8 bore, 4 bore, 3 bore, 2 bore, 1⅛ bore, 1¼ bore and 1½ bore, and vintage punt guns and shotguns with bores greater than 10. It also includes vintage (pre-1939) rifles in these bores. 1.5. Weapons that do no benefit from antique classification The Home Office guide also lists the following weapons as being modern and not benefiting from antique classification (please note this is not an exhaustive list): shotguns and smooth-bored guns, including shot pistols, chambered for standard shotgun cartridges,.22 inch,.23 inch, 6mm and 9mm rimfire cartridges unless otherwise specified in the list of obsolete shotgun chamberings in Appendix 5 of the Home Office guide. rifles and handguns chambered for.22 inch,.23 inch, 6mm or 9mm rimfire ammunition revolvers, single-shot pistols and self-loading pistols which are chambered for, and will accept, centrefire cartridges of the type.25,.30,.32,.38,.380,.44,.45,.450,.455 and.476 inch, or their metric equivalents including 6.35mm, 7.62mm, 7.63mm, 7.65mm, 8mm and 9mm, unless otherwise specified in the list at Appendix 5 modern reproduction firearms or old firearms which have been modified to allow the use of shotgun cartridges or cartridges not listed in Appendix 5 weapons extensively modified after 1939 signalling pistols chambered for 1 and 1½ inch cartridges or 26.5mm/27mm cartridges pump-action and self-loading centrefire rifles, except those examples originally chambered for one of the obsolete cartridges listed in Appendix 5 of the Home Office

guide and retaining their original chamberings. The latter may benefit from an exemption as antiques under section 58(2) of the 1968 Act (as amended). Where there is any doubt, and in any event where criminal proceedings are being considered, advice should always be sought from a forensic firearms expert in establishing/confirming whether or not a weapon has antique status. The CPS will almost certainly require evidence before making any charging decisions. A Saint-Étienne revolver a common antique firearm used in criminality Copyright the Chief Constable of West Midlands Police (2015). No reproduction of this work is allowed without the express permission of the copyright owner. UK-based state law enforcement bodies may reproduce this work provided that any such use includes a reproduction of this notice in order to acknowledge the copyright owner s rights. The Chief Constable of West Midlands Police accepts no liability for the use of the information in this work which is provided for general information purposes only.