Memorandum submitted by the Gun Control
Network
1. GENERAL POSITION
OF THE
GUN CONTROL
NETWORK
1.1 The Gun Control Network (GCN) proposals
outlined in this document are predicated on the belief that the
interests of public safety demand a reduction in the availability
and attractiveness of firearms of all kinds. There is a well established
correlation between gun violence and the availability of guns,
both legal and illegal. The more guns there are in a society the
more they will be used and abused. Moreover, the distinction between
legal and illegal weapons is not clear cut. It should not be forgotten
that virtually all guns start out as legal weapons, and that victims
are unable to discriminate between a bullet fired from a legal
or an illegal gun. Policy must be based on the strict control
of availability of all weapons. What is needed is legislation
and law enforcement.
1.2 CGN recognises the existence of a significant,
through minority, interest in shooting for sport, and our proposals
are aimed at striking an appropriate balance between the sport-shooting
interest and the overriding interest of public safety. The social
and economic consequences of gun violence in any society are hard
to estimate in full, but they are real costs.
1.3 Where differences in gun law exist between
Northern Ireland and the rest of the UK, we believe that harmonisation
should always result in tighter controls and never in a relaxation
of the law.
2. AIRGUNS AND
LETHALITY
GCN proposes the adoption of licensing requirements
for al airguns not deemed to be toys.
2.1 In GCN's submission to the Home Affairs
Committee in 1999, we set out our concerns about the injuries
caused to those who have been targeted by young people using air
weapons. We were also aware of the public unease about the frequent
targeting of animals with air weapons and the significant damage
to property caused by their use. In Annex I we list a number of
recent incidents that illustrate the dangers posed by these weapons.
Further examples may be found in Annex II of our evidence to the
Home Affairs Committee in 1999.
2.2 Too often air guns are regarded as toys,
not only by the young people who use them but also by some of
their parents. As a result their potential to cause harm is disregarded.
In 1999 we proposed an extension of the existing licensing system
in Great Britain to include air weapons and a minimum age limit
of 18 being placed on their use. This would reduce the prevalence
of these weapons, make sure they are only handled by those mature
enough to use them and signal that they can be a danger to the
public.
2.3 Air weaponry is becoming more sophisticated.
Many guns bear a close resemblance to handguns, others can be
converted to fire live ammunition. Brocock air cartridge pistols
have become a particular concern, one that the Prime Minister
raised immediately after the recent shootings in Erfurt, Germany.[1]
These can be bought over the counter in Great Britain. A number
have been converted and used in "gangster-style" killings.
These are definitely not play things.
2.4 The Home Affairs Committee proposed
that air weapons should be licensed in England and Wales. GCN
agreed with this proposal but the government did not support it.
2.5 It is the view of GCN that licensing
should apply, at least, to all weapons that are capable of lethal
injury, and preferably to all weapons not defined as toys. In
its eleventh Annual Report, the Firearms Consultative Committee
recommended that any weapon with a muzzle energy of more than
one joule should be regarded as a firearm and licensed as such.
If this was introduced elsewhere in the UK it would still be the
case that Northern Ireland would have tighter controls on airguns
than England, Wales and Scotland. In our view, Northern Ireland
would be well advised to capitalise on existing tight regulation
of air guns and licence all weapons that are not defined as toys.
Toy guns are defined by European Standard as "projectile
toys with stored energy" of 0.08 Joules.
2.6 In our view deregulation in Northern
Ireland would be a retrograde step. It would lead to an increase
in the availability of air weapons, which would in turn undermine
public safety. In view of the widespread misuse of airguns by
young people we also urge that there is no relaxation of the age
limit for airguns or any other type of firearm.
3. HANDGUNS
GCN proposed the adoption in Northern Ireland
of the handgun ban existing in the rest of the UK
3.1 The case for the banning of handguns
was widely discussed during the period following the Dunblane
massacre in March 1996. The case was accepted by the government,
and the two Firearms (Amendment) 1997 Acts resulted in a complete
ban on the civilian ownership of handguns in Great Britain. Civilian
ownership of handguns is particularly dangerous because these
weapons are easy concealable, high-powered and can be used to
fire multiple shots rapidly. Their availability to civilians significantly
increases the possibility of their misuse. In this context it
is worth noting that in almost all the multiple killings in recent
years and certainly those in Erfurt, Zug, Nanterre, Dunblane,
Atlanta, Montreal and Hungerford, the killers were all previously
law abiding men using legal weapons.
3.2 GCN sees no justification for the continued
ownership of these dangerous weapons for the purposes of sports
shooting. In this case harmonisation of the law should involve
the adoption by Northern Ireland of the prohibition of handguns.
3.3 GCN understands the need for special
measures for the protection of vulnerable individuals, but draws
the Committee's attention to the evidence from the United States
indicating that the widespread use of handguns for personal protection
does not result in a safer society. Most published research shows
that increased gun availability (predominantly of handguns) increases
the incidence of gun death, especially to the gun owner and those
closest to him. The few studies that have reached an opposite
conclusion are based on flawed research which has been given disproportionate
publicity by shooting organisations. A detailed analysis of the
relevant data is provided by Sugarmann[2].
3.4 GCN believes that there is no evidence
from the published statistics from Great Britain that the handgun
ban has not worked. At the time of Dunblane it was claimed by
shooters that pistol shooting was the fastest growing sport in
the UK. Without the ban we would have expected to see handgun
ownership rising quickly, possibly even to the levels experienced
in the US. Along with such increases in legal weapons we would
have expected to see a high rise in gun violence and a progressively
higher proportion of violent crime being committed with guns.
At present, the rate of gun crime as a proportion of violent crime
remains static and lowaround 4.7 per cent in the UK compared
with around 80 per cent in the US.
3.5 Short term fluctuations in gun crime
figures have been seized upon by shooters wishing to show that
the handgun ban hasn't worked. It seems clear that there has been
a recent rash of drug and gang related gun crime in English inner
city areas but there is no evidence of a significant underlying
trend. The figures from Scotland are unaffected by such short
term fluctuations and may therefore be of most relevance to the
situation in Northern Ireland. The most recent data (for the year
2000) show that offences involving handguns were at their lowest
since 1995, that injuries caused by handguns were lower than at
any time since 1992 and that only one homicide was committed with
a handgun in Scotland in 2000[3].
4. IMITATIONS
GCN proposes a ban on the sale, manufacture and
import of imitation guns and their possession in a public place.
4.1 Imitation weapons have the appearance
of lethal guns but are not sold as such. They may fire caps or
ball bearings or pellets or nothing at all. Some are manufactured
under licence from the makers of real handguns eg Colt, Smith
and Wesson etc. They bear identical logos and are intended to
look and feel exactly like the real thing. They are available
without licence and sold in market stalls, camping and toy shops,
over the internet and by mail order.
4.2 The police in England and Wales give
varying estimates of the proportion of gun crime that is committed
with imitation weapons. Although these figures range from 50 per
cent-80 per cent there is agreement that the quantity of imitations
in circulation is rising. This is borne out by recent research
showing that the market in imitations grew by over 50 per cent
between 1997-99.[4]
4.3 Police and victims alike react to imitation
weapons as if they are the real thing. They can be used to bully,
intimidate and rob victims in streets and playgrounds across the
country. They contribute to a sense of insecurity and there is
a danger that they may be fuelling a growing gun culture.
4.4 Police Armed Response Units are sent
to hundreds of incidents involving imitation weapons every year.
The cost of this is significant and the danger to the perpetrator
cannot be overestimated.
4.5 Many other countries including Australia,
Japan, Malaysia, Netherlands, Sweden, France and parts of the
USA have laws to control these weapons.
4.6 The number of such weapons in circulation
is now so great that it is impractical to impose a ban on their
private possession; what is necessary is a damage limitation exercise.
4.7 A perfectly workable definition of an
imitation firearm is contained in the 1968 Firearms Act. This
would include the easily convertible Brocock air pistol and any
other gun that looks like a lethal weapon but is not registerable.
The courts are well able to judge whether something is an imitation
as defined in the 1968 Act and no further definition is necessary.
GCN's lawyers have drawn up simple legislation to ban the sale,
import and manufacture of imitation guns and their possession
in a public place. (see Appendix 2)
5. GUNS AND
CHILDREN
GCN proposes a minimum age limit of 18 for ownership,
possession and use of guns of all kinds.
5.1 Children who are introduced to firearms
at an early age are more likely than others to become committed
firearms owners and users in later life. From a public safety
perspective, however, it is clearly desirable to reduce the overall
numbers of firearms owners and the number of firearms in private
hands. This objective in itself argues for the creation of an
age limit, keeping children away from guns until they reach the
age of majority.
5.2 The argument that introducing children
to the use of firearms is a contribution to public safetyeither
on grounds on self-defence or on grounds of training children
in the responsible use of firearmsis specious, articulated
only in the interests of legitimising the spread of firearms ownership
in civil society.
5.3 Independent research ie that which is
not funded by shooting organisations consistently supports the
direct link between gun availability and gun death. The most recent
confirmation of this connection was an American study by the Harvard
School of Public Health published in The Journal of Trauma
in March 2002.
5.4 The study showed that children living
in the five states with the highest levels of gun ownership were
16 times more likely to die from accidental gun injury, seven
times more likely to die from gun suicide and three times more
likely to die from gun murder than children in the five states
with the lowest levels of gun ownership.
5.5 There is clear evidence internationally
that the increased prevalence of firearms in private hands is
in itself the most important factor in their increased
use in violent crime, suicide and accident.
5.6 As an organised society, we remain committed
to the age of 18 as the age of majority, determining whether people
can lawfully buy alcohol, vote or enter into a mortgage. It seems
only consistent that a similar restriction should be applied to
the purchase and use of highly dangerous weapons.
12 May 2002
1 Scotland on Sunday 28 April, 2002. Back
2
Sugarmann, J. 1999. Every Handgun is Aimed at You. The New Press,
New York. Back
3
Scottish Executive. 2001. Statistical Bulletin-Criminal Justice
Series-Recorded Crimes and Offences Involving Firearms, Scotland,
2000. Back
4
Taylor and Hornsby 1999 Durham University, Replica firearms-a
new frontier in the gun market. Back
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