Clause 31 - Specification for imitation firearms
Violent Crime Reduction Bill
5:30 pm
Jonathan Djanogly (Shadow Solicitor General (Also Assists Shadow Secretary of State for Constitutional Affairs), (Assist the Home Affairs Team); Huntingdon, Conservative)
Amendment No. 297, a probing amendment, was suggested by the British Shooting Sport Council. A realistic imitation firearm is broadly defined as being indistinguishable from a real firearm by someone other than an expert on close examination or as a result of an attempt to load or fire it. The decision about whether something is a mere toy, an imitation firearm or a realistic firearm would depend on the circumstances of the case. Juries are likely to come to different conclusions about identical imitations, resulting in the law becoming vague and unpredictable.
The amendment would provide for the Secretary of State to make regulations prohibiting the manufacture, sale, import and modification of firearms or imitation firearms if he is satisfied that such firearms would create a danger to public safety. It would also amend the clause so that regulations can be made only after consultation with the persons or bodies who represent those trading in or using imitation firearms. The amendment would also remove the unnecessary complication of having to distinguish between realistic imitation firearms and imitation firearms.
The purpose of amendments Nos. 277 to 284 is to make clause 31 consistent with other clauses that relate to realistic imitation firearms. The strict specifications should apply only to imitations that could be thought to be realistic imitation firearms, not non-realistic imitations.
In the RIA that the Home Office published on the amendment to introduce tougher manufacturing standards to ensure that imitation firearms cannot be converted to fire live ammunition, it was acknowledged that it is not possible to make an imitation that cannot be converted by a person of real skill and knowledge. Indeed, it is not possible to prevent such a person from making a gun from scratch. Nevertheless, the Government believe that it is important to introduce much stricter standards to tackle the problem at manufacturer and importer level.
Why are the Government once again ignoring their advice and proceeding with the stricter specifications when they know that the impact on crime would be negligible, while the impact on business would be significant?
Amendments Nos. 285 to 287 are identical consequential amendments that relate to clause 32. The amendments also avoid the possible nonsense of someone under 18 being unable to buy a toy water pistol, or even a potato gun.