OFFICIAL
Information the Law Commission would like permission to quote in our
published paper
… the Police would wish a full codification of Firearms Legislation to be
considered by the Law Commission.
This report identifies the current usage of such ammunition and weapons,
highlighting the primary threat in the use of late 19th Century military
revolvers capable of utilising commercially available ammunition that is
modified to approximate this.
The lack of an explicit statutory definition results in the situation whereby
criminals are able to exploit the loophole that allows the sale and ownership of
these original lethal purpose obsolete calibre firearms to be held as ‘curiosities
or ornaments’. There are many reported cases which demonstrate that
ammunition suitable for use in these firearms is being used in criminal use of
firearms in the UK.
It is clearly nonsense that criminals are able to obtain components of
ammunition in kit form and a firearm separately and lawfully, and only when
the ammunition is assembled and brought together with the firearm does the
person commit an offence. Senior investigating officers report that this is a
growing issue that criminals are starting to exploit, and it is inexcusable that
such a loophole exists.
Fifty two per cent of antique firearm recoveries from police intervention or
criminal circumstances are made in combination with suitable ammunition.
These firearms capable of discharging a common ammunition type constitute
31 per cent of all obsolete calibre firearm recoveries.
Criminals are therefore able to obtain components of ammunition in kit form
and a firearm separately and lawfully, and only when the ammunition is
assembled and brought together with the firearm does the person commit an
offence. Senior investigating officers report that this is a growing issue that
criminals are starting to exploit.
Evidence exists that firearms regarded as ‘antiques’ are being sold by
specialist dealers and reaching criminals who commit crime by using or
threatening to use these firearms.
Criminals appear to be versed in the legal exemption for antique firearms,
quoting section 58(2) of the Firearms Act, to be kept only as a curiosity or
ornament and not discharged as a defence for possession..
Growing evidence highlights that obsolete calibre firearms are being sold by
specialist firearms dealers and entering criminal possession. Many instances
exist where both specialist firearms dealers and criminals utilise the sec58(2)
exemption concerning obsolete calibre firearms to continue trading in and to
remain in possession of these items respectively, regardless of any intended
OFFICIAL
OFFICIAL
use. In at least one instance, criminals have successfully defended a charge of
firearms possession by arguing that they were merely in possession of the
firearm as a ‘curiosity or ornament’ and that their intention was never to use it.
Criminal armourers are then able to supply these firearms together with
suitable ammunition to criminal groups.
Consideration could be given to implement additional controls similar to those
imposed upon cash converters and scrap metal dealers with all transactions
being cashless. Customer records would be maintained by the dealer for police
inspection.
While proactive investigations as using sensitive evidence gathering methods,
Deleted: such
can be undertaken, they are a resource intensive form of policing and can be
Deleted: ,
intrusive. The current legal situation also presents challenges to police in
Deleted: covert
relation to the management of physical risk in armed operations, because the
Deleted: this
current law does not provide clarity as to when transfer of a firearm ostensibly
Deleted: is a
as an antique is illegal. This creates situations where an armed policing
Deleted: is
operation with the potential for recourse to lethal force may be authorised, and
yet the transfer of a firearm (antique) may not itself be a criminal act.
As one of the main criteria for inclusion in Appendix 5 of the ‘Guide on
Firearms Licensing Law 2013’ is based on the scarcity of the ammunition, or
the associated arms to which it fits, a potential consideration could be to
review vulnerable calibres such as the .44 S&W Russian and associated late
19th Century revolver calibres capable of utilising .44 S&W Russian
ammunition for removal from the listing due to the developing trend of its
availability for and usage in crime.
As antique firearms do not currently require a licence or certificate, there is no
central repository for recording the information when they are lost or stolen. If
the owner of an antique firearm was required to hold a certificate then that
firearm, when lost or stolen, would be recorded nationally. Currently there is
no clear intelligence picture on how many antique firearms are stolen.
Both antiques and 'deacts' can fall outside of licensing control, and intelligence
indicates this makes them attractive to criminals and unscrupulous dealers who
believe they can avoid detection or sanction. This is exacerbated by the fact
that there is a lack of explicit definitions in law in relation to both these
firearms types. There is no requirement to hold a licence to possess or trade in
antique or (truly) deactivated weapons, and there is no regular mechanism for
police to conduct routine checks on whether traders are operating within the
law and with due concern for public safety. Overall, the legislation has not
kept pace with modern criminal threats and transnational markets.
Any proposals need to avoid overcomplicating what is already a relatively
inaccessible area for the frontline police officers who attend suspected
firearms incidents and the officers and staff who are charged with enforcing
licensing regulations.
OFFICIAL
OFFICIAL
As with other areas in this submission clear definitions of key terms is
required. Readily convertible is subjective and requires clarity of statutory
definition.
Recoveries of reactivated firearms have increased since 2012 following a
reduction observed in 2011.
NABIS data has highlighted that the proportion of criminal shootings that
reactivated firearms are responsible for has risen over the last three years,
currently accounting for five per cent.
Thirty per cent (40) of these incidents resulted in injuries being sustained,
including five fatalities.
Five reactivated firearms have resulted in five fatalities within the MPS, GMP
and WMP. Two of these weapons currently remain outstanding.
OFFICIAL