Serious Organised Crime and Police Bill

Part of the debate – in the House of Lords at 10:00 pm on 5 April 2005.

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Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State (Criminal Justice System and Law Reform), Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management) 10:00, 5 April 2005

The Government share my noble friend's concern about the misuse of imitation firearms and air weapons. We sympathise with the noble Lord, Lord Monson, on his very distressing incident. We realise that such guns can be very damaging. There is already a range of controls to tackle their misuse, which we have recently strengthened. Last year we raised from 14 to 17 the age limit for owning air weapons and made it an offence to possess an imitation firearm or an air weapon, whether loaded or not, in public without lawful or reasonable excuse.

My noble friend's amendments would further tackle the problem of misuse through prohibiting the possession, purchase, acquisition, manufacture, sale, transfer or importation of imitation firearms and air weapons—except the prohibition would not apply where a person had a lawful object or reasonable excuse for having one. That would not be effective in preventing irresponsible people obtaining those things. The sale of imitation firearms and air weapons is not limited to registered firearms dealers; they can be bought and sold by anyone, including privately. Imitations include harmless items such as children's toys, which are sold by general retailers. It would not be difficult for anyone to offer a reasonable excuse for buying an imitation or an air weapon, for example, by presenting themselves as a collector or target shooter, and few vendors could check a purchaser's stated reasons.

As I have mentioned, it is already an offence to possess an imitation firearm or an air weapon in public without reasonable excuse. That means that part of what my noble friend's amendment seeks to achieve is already catered for. Whether any further controls are necessary, and what they should be, is best considered as part of the Government's current review of firearms law.

We have consulted on how the controls might be improved, and we are considering the many views that we have received. That process provides the best means of deciding what measures would be most effective and proportionate in tackling the misuse of imitation and air weapons. I hope that that reassures my noble friend that the Government are actively addressing the problem. I hope that he will not press his amendments but I empathise with why he has made them. I reassure him that the Government are looking at the issue and have expressed concerned about it.