Licensing low-powered air weapons
150. The Gun Control Network, the RSPCA, the Police
Superintendents Association and the Police Federation called for
section 1 controls to be applied to low-powered air weapons, on
grounds of their essential lethality. This approach would require
the owner to demonstrate both fitness to possess a firearm, and
a good reason for owning and using a low-powered air weapon. He
would also be required to ensure its safe storage. In practice,
this would confine the use of such weapons to target shooting
at approved rifle clubs and to the control of vermin on farms
and estates. For the RSPCA, certification was essential to enable
the owners of weapons known, through tracing, to have injured
animals to be successfully pursued and prosecuted.
151. The shooting organisations unanimously opposed
the extension of section 1 licensing to cover low-powered air
weapons. We also note that the Scottish police associations did
not support an extension of the licensing regime.[232]
The Home Office observed that there were real and practical concerns
about the additional day-to-day strain such a proposal might place
on a firearms licensing system, not to mention the initial burden
of issuing the several million additional certificates which would
be required.[233]
Mr Hart, for ACPO, was unsure that the registration of air weapons
presently in circulation would be cost-effective, although he
supported a "public surrender system".[234]
It is conceivable that a large proportion of the low-powered air
weapons in circulation would remain unlicensed and therefore effectively
beyond controls. Licensing may not significantly reduce the overall
numbers of injuries to animals and persons, or the incidence of
criminal damage, as other devices (such as catapults) are available
which are just as lethal but cannot presently be made subject
to controls.
152. While the licensing of lethal air weapons is
attractive in principle, we recognise that it would be difficult
to introduce and apply to the estimated four million low-powered
air weapons already in circulation. The situation in Northern
Ireland, where all air weapons are held on certificate, has only
obtained because of the separate and more stringent legislation
applied there since 1920. For the past eighty years, air weapons
of whatever power purchased there have required a certificate.
If similar controls were applied only to new air weapons purchased
in Great Britain, full licensing of the number of low-powered
air weapons in private hands would take several years to achieve.
153. We asked several witnesses who had recommended
wholesale licensing to assess what the resource implications of
attempting to register an estimated four million air weapons might
be. Mr Degenhard, for the RSPCA, believed that such a task should
not be avoided merely because it appeared difficult.[235]
Assistant Commissioner Hart, speaking for ACPO, believed that
as police forces had successfully handled the surrender of handguns,
they could handle a licensing scheme.[236]
Mrs Gill Marshall-Andrews, of the Gun Control Network, set this
issue, and other related issues of cost in relation to firearms
licensing, against the broader concerns and interests of society:
" . . . it is our view
that there is a social cost that is incalculable to gun violence,
death, injury, suicide and accidents. Whatever the cost of any
of these recommendations, it must be weighed against the social
and economic cost of violence in society".[237]
154. None of the evidence which we received in support
of a licensing regime attempted to quantify the costs or resource
implications involved, but we can arrive at a reasonable estimate
merely by examining the order of magnitude of the figures involved.
Even assuming only half the supposed number of unlicensed air
weapons in England, Scotland and Wales were submitted for registration
and licensing, the workload of licensing departments would more
than double. We note below the difficulties which police forces
are having in developing a national register of firearm and shotgun
certificate holders, and we can imagine the strain an extra two
million records will place on present police resources.[238]
155. We recognise the difficulties involved
in extending a licensing system to low-powered air weapons. Nevertheless,
we do not accept that any lethal weapons should fall outwith
firearms licensing, even iffor reasons of practicalitythe
regime may have to be transitory for the short to medium term.
If a system of firearms control is to be consistent and simple
to administer, while recognising the lethality of all firearms,
it will need to be extended to lower-powered air weapons which
are lethal. Licensing will require the air weapon owner to demonstrate
fitness to possess firearms and a good reason for wishing to do
so: it will also require owners to provide appropriate safe storage
for their weapons.
156. We have noted above the ambiguities around
the power levels at which an air weapon, when fired, has the potential
to kill, and we have recommended that the Government should establish
unambiguous criteria for judging the lethality of a firearm. The
Government should provide an authoritative assessment of the power
level at which lethality occurs. This should establish a sound
basis for a system of firearms licensing which explicitly recognises
a firearm's potential to kill. As we have set out in paragraphs
123 and 124 above, there have been assessments which might set
an effective level at that proposed by the Secretary of State
for Northern Ireland (i.e. 2.2-3 ft/lb) or at the level
proposed in response (i.e. 3.9 ft/lb). We recommend
that the threshold at which air weapons must be licensed is set
at that power level at which the potential to kill is proven by
the best scientific evidence. Below that level of lethality, licensing
would impose too onerous a burden for too little benefit; above
it, however, licensing is necessaryfor the safety of the
public, and for the integrity and consistency of the licensing
regime itself.
157. The Dechmont Airgun Club, in south-east
Glasgow, provided an example of the problems which might come
about following a poorly-considered implementation of a licensing
regime.[239]
The club appears to have had an admirable training, discipline
and safety policy, and worked to provide sporting opportunities
for young people in the area. The local crime prevention panels
considered the level of air weapon abuse in the area to be particularly
low. Following the Dunblane tragedy Glasgow City Council's policy
changed, effectively preventing the club from using the council-owned
hall where its youth activities were based. The closure of the
youth section of the club had led to "an increase in the
incidence of gun misuse due to lack of proper training and shooting
facilities for local young people." The club stressed that
further restrictions might punish the law-abiding and have no
significant effect on air weapon abuse: "any further legal
restrictions would of course be obeyed by the law abiding majority
of [an] estimated seven million airgun users but ignored by the
minority of thugs who cause the problem in the first place."
158. The strategy to be followed in implementing
a licensing scheme to cover the majority of those air weapons
which are at present unlicensed will thus require very careful
consideration. The law-abiding should not be unfairly penalised
while the lawless and irresponsible can operate with relative
impunity. Any strategy to implement an extension of the licensing
system must recognise the likelihood that a sizeable minority
of airgun owners, who do not respect the discipline and responsibility
engendered by the shooting community, will ignore the law and
keep their air weapons in what will in effect become another pool
of unlicensed and illegal firearms.
159. Licensing all existing air weapon owners
and their firearms will be difficult to achieve unless the proposed
measures are felt by those affected to be fair and proportionate.
An extension of the licensing system to air weapons would be made
easier to implement effectively if, for a transitional period,
no licence fee should be charged on newly registered air weapons.
While we believe in principle that the firearms licensing system
should continue to be financed from licence receipts and not from
public funds, the public safety interest in this case justifies
that the initial administration of the system be funded from the
public purse. This will also give a strong incentive for people
to register or hand in their weapons within the transitional period.
160. We recommend that there should be a transitional
period of eighteen months to two years at the start of the new
licensing system for air weapons. No licensing fees would
be charged for the registration of air weapons owned at the beginning
of the transitional period. At the same time a public education
campaign should be undertaken to encourage as many air weapon
owners as possible into the licensing system. The transitional
period would also allow any unwanted air weapons to be handed
in and disposed of. At the end of the transitional period the
licensing regime would take full effect, with appropriate penalties
for unlicensed owners of air weapons.
161. Responsibility for drawing up and implementing
this extension of the licensing regime will fall to the Home Office,
operating in association with the police. There is of course potential
for the implementation of any system of this magnitude to run
considerably over budget. We expect detailed plans for the implementation
of any significant extension to the firearms licensing regime
to be properly quantified and costed by the Government and by
the implementing authorities.
162. We do not envisage the full rigour of the section
1 licensing regime being imposed on the holders of relatively
low-powered air weapons. We agree that the test of fitness for
possession of a firearm ought to be standard. However, we believe
that the test of good reason for possessing a low-powered air
weapon should take into account the wide range of use for low-powered
air weapons which exists at present: for instance, a parent, not
wishing to shoot, could be granted a certificate in order to allow
a child to learn and practice the safe handling of firearms at
home as well as at a gun club. Requirements for secure storage
ought to be designed principally to ensure that children are not
able to have access to air weapons without proper supervision:
they should not necessarily be as rigorous as those which apply
to section 1 firearms or to shotguns.
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