Memorandum submitted by the Countryside
Alliance in Northern Ireland
Countryside Alliance in Northern Ireland is
a membership organization which exists to promote, protect and
defend the rural way of life. As an umbrella organization we represent
over 30,000 members.
EXECUTIVE SUMMARY
We believe that firearms legislation in Northern
Ireland is too stringent and over complicated and should be brought
more in line with equivalent legislation in Great Britain.
With regard to the potential to amend the Firearms
(Northern Ireland) Order 1981, we recommend:
that the control of firearms should
be arranged in strict categories;
that shotguns be subject to a lesser
level of certification than rifles and that shotguns in Northern
Ireland be subject to a more efficient system of certification
similar to that already in existence in Great Britain;
an arrangement, allowing certificate
holders to lend a shotgun or rifle to people under their supervision
on private land;
the removal of the system of recording
and accounting for the purchase of shotgun cartridges;
the de-regulation of low powered
airguns, as proposed by the Northern Ireland Office, in 1998;
and
that any further calls to prohibit
the lawful possession of handguns for the purpose of target shooting
in Northern Ireland be resisted.
We also recommend that the minimum age for the
grant of a firearms certificate and the unsupervised use of a
firearm should remain at 18 years and that, in line with Great
Britain, there should be no minimum age for the supervised use
of shotguns and airguns.
The benefits of the above would be:
administrative burden would be considerably
reduced;
more effective regulation of handguns
meaning less frequent use in criminal activity; and
additional tourist income to the
Northern Ireland economy.
1. INTRODUCTION
When the Northern Ireland Office in 1998 published
proposals to review the Firearms (Northern Ireland) Order 1981,
the Countryside Alliance was pleased to comment. We understand
that since that date, some progress has been made. However, this
has not yet resulted in changes in legislation. We therefore welcome
any further opportunity which exists to update the Order, and
will be pleased to assist in that process.
2. CATEGORIES
OF CONTROL
2.1 In Great Britain control of firearms
is arranged in distinct categories which range from the most tightly
restricted weapons to those which, whilst still covered by the
1968 Firearms Act, require no special certificate for their acquisition
or possession. Thus rifles possessed for sporting or competition
purposes are subject to a more stringent level of control than
shotguns, which in turn are regulated more strictly than low-powered
airguns.
2.2 This principle is enshrined also in
European legislation. Annex 1 of Directive 91/447/EEC on control
of the acquisition and possession of weapons provides four categories
(A to D) into which firearms may be classified. These range from
Prohibited Firearms (category A) including military weapons of
war, through to Other Firearms (category D) including smooth bore
shotguns.
2.3 Northern Ireland firearms legislation,
however, groups all firearms within one classification. Thus everything
from a centre-fire sporting rifle suitable for deer stalking,
through to an airgun is subject to the same stringent level of
control. This, we believe, is inappropriate and unnecessarily
onerous. Furthermore the existing system makes demands on police
time and manpower which are not commensurate with any improvement
to public safety. We therefore urge the adoption in Northern Ireland
of a similar multi-tiered system of firearms control to that which
exists in Great Britain.
3. SHOTGUNS
3.1 Shotguns account for more than half
of all firearms in private hands in Northern Ireland, and are
extensively used for game and wildfowl shooting, pest control
and competitive clay pigeon shooting. Many thriving game shooting
clubs, game shooting syndicates and wildfowling clubs exist within
Northern Ireland. In addition, private shoots offer sporting opportunity
to visiting sportsmen, thereby benefiting the economy by bringing
considerable tourist income.
3.2 Currently in Northern Ireland shotguns
may only be acquired or possessed by those who hold a full Northern
Ireland firearm certificate. We recommend that shotguns be subject
to a lesser level of certification than rifles because:
(a) the level of shotgun use in crime is
low in proportion to the number of guns in circulation; and
(b) the amount of police resources required
for their certification is very significant.
3.3 We believe that the system in use in
Great Britain works satisfactorily in that it benefits public
safety, does not impose a disproportionate administrative burden
on the police, and balances a proper level of control with the
reasonable requirements of the shooting public. We therefore urge
that a similar system be introduced into Northern Ireland. We
suggest that, applicants for a firearms certificate in Northern
Ireland should be required to continue to demonstrate good reason
for wanting to acquire and retain each firearm in their possession.
The grant of a Northern Ireland shotgun certificate would entitle
them to possess an unlimited number of shotguns (as in Great Britain),
subject to being able to satisfy the appropriate storage requirements,
which are subject to police approval. A certificate holder may
acquire or dispose of shotguns without the need for a time-consuming
variation to his certificate, although the police must be notified
of transfers. If the police have reason to believe that an applicant
has not good reason to possess shotguns, then they may withhold
grant of a certificate.
4. BORROWING
OF SHOTGUNS
We strongly recommend that certificate holders
should be allowed to lend a shotgun to a person under their supervision
on private land. No provisions currently exist in Northern Ireland
whereby shotguns may be borrowed, and this creates considerable
difficulties for the lawful shooting community. In particular
it presents great obstacles to the training of shooters and to
the introduction of newcomers to the sport. In 1998 the Northern
Ireland Office suggested a change in the law to permit the borrowing
of shotguns and this was welcomed by the Countryside Alliance
in Northern Ireland.
5. AMMUNITION
FOR SHOTGUNS
It should be sufficient for certificate holders
to present their certificate to the dealer at point of purchase.
There is not proven public safety benefit in the present system
of recording and accounting for the purchase of shotgun cartridges.
Very large numbers of shotgun cartridges are used in the course
of a year, especially by clay pigeon shooters, and the arbitrary
imposition of a maximum number which may be purchased at any one
time is an unnecessary burden upon game or clay pigeon shooters
who may easily exceed the number authorised on his certificate
in a single day's shooting.
6. RIFLES
As with shotguns, we recommend a provision whereby
certificate holders may lawfully lend a rifle to another person
under their supervision on private land for use in accordance
with any conditions on their certificate. At present the certification
process for rifles in Northern Ireland is broadly similar to that
in the remainder of the United Kingdom, although there is no provision
in Northern Ireland for the borrowing of rifles. This places an
unnecessary burden on shooters, especially with regard to marksmanship
training and the loaning of rifles for the purpose of deer stalking.
7. AIRGUNS
In 1998 the Northern Ireland Office proposed
deregulating low powered airguns and this was welcomed by the
Countryside Alliance in Northern Ireland. We continue to recommend
this sensible approach, and suggest that those airguns designed
to operate at a kinetic energy of below 12 foot pounds (six foot
pounds for air pistols) should be exempt for certification. Airguns
are very extensively used by shooters throughout the United Kingdom.
It is estimated that there are around six million airguns in private
hands, and they are used for competitive target shooting at all
levels, for the control of small pests such as rabbits and rats,
and for informal target practice on private land. However, low
powered airguns are subject in Northern Ireland to the same stringent
levels of control as high velocity centre fire rifles, and we
regard this as wholly disproportionate.
8. HANDGUNS
Almost 10,000 handguns held on firearms certificates
in Northern Ireland are for personal protection, which is a welcome
acceptance of the particular circumstances of Northern Ireland
in this case. We recommend that any further calls to prohibit
the lawful possession of handguns for the purpose of target shooting
in Northern Ireland be resisted. When in 1997 handguns were prohibited
in Great Britain, their possession by private certificate holders
for the purpose of target shooting remained legal in Northern
Ireland, the Channel Islands and the Isle of Man. At the time,
the Countryside Alliance deplored the prohibition of handguns
in Great Britain and welcomed the approach of the Secretary of
State for Northern Ireland, which was more consistent with the
recommendations in Lord Cullen's report. Since their prohibition,
the use of (illegally held) handguns by criminals in England and
Wales has soared[11],
demonstrating the illogicality behind the ban and the fact that
the use of firearms in crime is almost totally unconnected with
lawful possession.
9. AGE LIMITS
We suggest the minimum age for the grant of
a firearms certificate and the unsupervised use of a firearm should
remain at eighteen years and that, in line with Great Britain,
there should be no minimum age for the supervised used of shotguns
and airguns in Northern Ireland. The UK Government has already
admitted in its response to the Home Affairs Committee's inquiry
into firearms controls in Great Britain that the introduction
of a minimum age for supervised shooting would not improve public
safety there. We agree with this and would make the point that
Northern Ireland is surely no different in this regard.
October 2002
11 See Illegal Firearms in the United Kingdom,
Kings College, London Centre for Defence Studies, 2000. Back
|