Clause 44 - Prohibition of certain air weapons
Anti-social Behaviour Bill
2:45 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
We have tabled amendment No. 239 to make specific provision for banning the sale, transfer, import and manufacture of certain airguns using the self-contained air cartridge system as announced earlier this year. Existing owners will be allowed to retain them on a firearms certificate. This action has become necessary because of the problems that have arisen in relation to certain air pistols that are powered by this self-contained air cartridge system. They can be converted in several relatively straightforward ways to take conventional ammunition. Consequently, weapons using the system have been used in an increasing number of criminal acts.
A significant number of these conversions have been submitted to the Forensic Science Service, which is aware of their use in at least 80 serious offences, including murders, attempted murders and serious woundings, in England and Wales since the beginning of 2001. Proposed new subsection (2A) adds a new paragraph to section 5(1) the Firearms Act 1968 that means that any person who has in his possession or purchases, acquires, manufactures, sells or transfers one of these guns without first obtaining the Secretary of State's authority commits an offence.
We recognise that the majority of existing owners use their guns in a wholly proper and legal way and have no wish to convert them. That is why we have given a special dispensation to existing owners that will allow them to retain possession under the authority of a firearms certificate in accordance with section 1 of the 1968 Act. In the circumstances, we do not think that it is necessary for existing owners to show good reason for owning the gun. However, we think that it is important when issuing the certificate to existing owners of these weapons to retain the elements relating to fitness and not representing a danger to public safety or to the peace.
In all other respects the normal procedures will apply for obtaining a certificate. Proposed new subsection (2C) is intended to put dealers on the same footing as any person who deals in prohibited weapons. We have made it clear that we do not want any future sales of that type of air weapon to take place, or existing stocks to be sold on to others. Anyone wishing to sell such guns will in future need to
obtain a section 5 authority to possess them as well as to sell them abroad.
Let me comment on the other amendments in the group. Amendments No. 257 and 258 would do away altogether with the order-making power, or would narrow it so that the only weapons covered would be those that can be converted to discharge a missile by the force of gunpowder or other like propellant.