Amendments 103A and 103B

Part of Offensive Weapons Bill - Report (2nd Day) – in the House of Lords at 6:00 pm on 4th March 2019.

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Moved by Earl Attlee

103A: After Clause 39, insert the following new Clause—“Conditions applying to certain firearms: England and Wales and Scotland(1) The Firearms Act 1968 is amended as follows.(2) After section 27 insert—“27A Conditions for storage etc of certain firearms(1) This section applies to a firearm if it is a 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.(2) The Secretary of State must by rules under section 53 prescribe conditions—(a) subject to which a firearm certificate relating to a firearm to which this section applies must be granted or renewed, and(b) which impose requirements as to the storage of a firearm to which this section applies and as to the security measures to be taken when such a firearm is in transit.(3) Before making rules under section 53 which prescribe conditions of the kind mentioned in subsection (2) the Secretary of State must consult such persons likely to be affected by the rules as the Secretary of State considers appropriate.”(3) In section 53 (rules for implementing the Act)—(a) the existing text becomes subsection (1), and(b) at the end of that subsection insert—“(2) A statutory instrument containing (whether alone or with other provision) rules under this section which prescribe conditions of the kind mentioned in section 27A(2) (conditions for storage etc of certain firearms) is subject to annulment in pursuance of a resolution of either House of Parliament.””Member’s explanatory statementThis amendment would require the Secretary of State to prescribe conditions which must apply to firearm certificates relating to certain high muzzle energy rifles and which relate to the storage and secure transit of such rifles.

103B: After Clause 39, insert the following new Clause—“Conditions applying to certain firearms: Northern Ireland(1) The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) is amended as follows.(2) In Article 6 (conditions), after paragraph (3) insert—“(3A) Paragraphs (1) and (2) are subject to Article 6A (conditions for storage etc of certain firearms) and regulations under that Article.”(3) After Article 6 insert—“6A Conditions for storage etc of certain firearms(1) This Article applies to a firearm if it is a 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.(2) The Department of Justice must by regulations prescribe conditions—(a) subject to which a firearm certificate relating to a firearm to which this Article applies must be granted, and(b) which impose requirements as to the storage of a firearm to which this Article applies and as to the security measures to be taken when such a firearm is in transit.(3) If a firearm certificate is granted subject to conditions prescribed under paragraph (2), that certificate may not be varied so as to vary or revoke those conditions.(4) Before making regulations under paragraph (2) the Department of Justice must consult such persons likely to be affected by the regulations as the Department considers appropriate.”(4) In Article 11 (variation of firearm certificate), after paragraph (1) insert—“(1A) Paragraph (1) is subject to Article 6A (conditions for storage etc of certain firearms) and regulations under that Article.””Member’s explanatory statementThis amendment would require the Department of Justice in Northern Ireland to prescribe conditions which must apply to firearm certificates relating to certain high muzzle energy rifles and which relate to the storage and secure transit of such rifles.

Amendments 103A and 103B agreed.

Clause 40: Interpretation of sections 33 to 39