Amendment 95

Part of Offensive Weapons Bill - Report (2nd Day) – in the House of Lords at 5:00 pm on 4th March 2019.

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Moved by Lord Kennedy of Southwark

95: Clause 33, leave out Clause 33 and insert the following new Clause—“Prohibition of certain firearms etc: England and Wales and Scotland(1) The Firearms Act 1968 is amended as follows.(2) In section 5 (weapons subject to general prohibition), in subsection (1), after paragraph (af) insert—“(ag) any rifle from which a shot, bullet or other missile, with kinetic energy of more than 13,600 joules at the muzzle of the weapon, can be discharged;(ah) any rifle with a chamber from which empty cartridge cases are extracted using—(i) energy from propellant gas, or (ii) energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rim-fire cartridges;”.(3) In section 5(1), for the “and” at the end of paragraph (b) substitute—“(ba) any device (commonly known as a bump stock) which is designed or adapted so that—(i) it is capable of forming part of or being added to a self loading lethal barrelled weapon (as defined in section 57(1B) and (2A)), and(ii) if it forms part of or is added to such a weapon, it increases the rate of fire of the weapon by using the recoil from the weapon to generate repeated pressure on the trigger; and”.(4) In section 5(2), after “including,” insert “in the case of weapons, any devices falling within subsection (1)(ba) of this section and,”.(5) In section 5(2A)(a), after “weapon” insert “, device”.(6) In section 51A(1)(a) (minimum sentences for certain offences under section 5), in each of sub-paragraphs (i) and (iii), after “(af)” insert “, (ag), (ah), (ba)”.(7) In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments)—(a) in the entry for section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c), in the first column, after “(af)” insert “, (ag), (ah), (ba)”,(b) in the entry for section 19, in the third column, for “or (af)” substitute “, (af), (ag), (ah) or (ba)”, and(c) in the entry for section 20(1), in the third column, for “or (af)” substitute “, (af), (ag), (ah) or (ba)”.(8) The amendments made by subsection (6) apply only in relation to—(a) an offence under section 5(1)(ag), (ah) or (ba) of the Firearms Act 1968 which is committed after the coming into force of subsection (6), and(b) an offence under a provision listed in section 51A(1A) of that Act in respect of a firearm specified in section 5(1)(ag), (ah) or (ba) of that Act which is committed after the coming into force of subsection (6).”Member’s explanatory statementThis new Clause would return the prohibition of high-powered firearms in England, Scotland and Wales to the Bill, which was removed during the Bill's passage through the Commons.