Controls on defectively deactivated weapons

Policing and Crime Bill – in a Public Bill Committee at 2:15 pm on 12th April 2016.

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“After section 8 of the Firearms (Amendment) Act 1988 insert—

“8A Controls on defectively deactivated weapons

(1) It is an offence for a person who owns or claims to own a defectively deactivated weapon—

(a) to make the weapon available for sale or as a gift to another person, or

(b) to sell it or give it (as a gift) to another person.

(2) Subsection (1)(a) does not apply if—

(a) the weapon is made available for sale or as a gift only to a person who is outside the EU (or to persons all of whom are outside the EU), and

(b) it is made so available on the basis that, if a sale or gift were to take place, the weapon would be transferred to a place outside the EU.

(3) Subsection (1)(b) does not apply if—

(a) the weapon is sold or given to a person who is outside the EU (or to persons all of whom are outside the EU), and

(b) in consequence of the sale or gift, it is (or is to be) transferred to a place outside the EU.

(4) For the purpose of this section, something is a “defectively deactivated weapon” if—

(a) it was at any time a firearm,

(b) it has been rendered incapable of discharging any shot, bullet or other missile (and, accordingly, has either ceased to be a firearm or is a firearm only by virtue of the Firearms Act 1982), but

(c) it has not been rendered so incapable in a way that meets the applicable EU technical specifications.

(5) In subsection (4)(c), “the applicable EU technical specifications” means the technical specifications for the deactivation of the weapon that are set out in an EU instrument in force at the time when the weapon is made available for sale or as a gift or (as the case may be) when it is sold or given as a gift.

(6) References in this section to “sale” include exchange or barter (and references to sell are to be construed accordingly).

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.”—

This new clause amends the Firearms (Amendment) Act 1988 to make it an offence to make a defectively deactivated weapon available for sale (or as a gift) or to sell such a weapon (or give it as a gift), other than to a person or persons who are outside the EU. The clause defines what is meant by a defectively deactivated weapon. Any weapon that was a firearm for the purposes of the firearms legislation will be considered to be defectively deactivated unless it has been deactivated in a way that meets the EU technical specifications in force at the time when the weapon is marketed or (as the case may be) sold or given as a gift.

Brought up, read the First and Second time, and added to the Bill.

New Clause 41