1.  AIM

  The aim of this proposed legislation is:

(i)  to prohibit the sale, manufacture and import, without lawful object or reasonable excuse, of things which look like real lethal firearms and which are currently subject to minimal restrictions; and

(ii)  to prohibit the possession in a public place, without lawful object or reasonable excuse, of things which look like real lethal firearms, with the onus being on the defendant to prove lawful object or reasonable excuse.

  It is not the purpose of the proposed legislation to prohibit the sale, manufacture, import and possession in a public place of all toy guns, paintball guns, starting pistols, air weapons and soft air weapons unless they look like real lethal firearms.

2.  DEFINITIONS

(i)  Imitation Firearm

  "Imitation Firearm" is widely defined in section 57 of the 1968 Firearms Act as "any thing which has the appearance of being a firearm. . . whether or not it is capable of discharging any shot, bullet or other missile."

  This means that any object which looks like a lethal barrelled weapon is defined as an imitation firearm. The courts have the responsibility for deciding whether a particular object should be regarded as an "imitation firearm".

(ii)  Lawful object or reasonable excuse

  This phrase or similar phrases are employed in similar legislation eg Prevention of Crime Act 1953, and section 17 and 19 of the 1968 Act itself. It is deliberately not defined although it has been the subject of case law (see Bryan v Mott 62 CAR 71 and R v Jones 1995 1 CAR 262.)

  There is no reason why it should be defined in respect of imitation firearms.

(iii)  Specific exemptions

  The Firearms Act 1968 provides for the issue of police permits and also provides specific exemptions for certain categories of person and use (see sections 7-13). There is no objection in principle to those sections being extended by amendment to imitation firearms (although this may well be unnecessary as possession in these circumstances would manifestly fall within the statutory exception provided by "lawful object or reasonable excuse").

(iv)  The "chair leg in a sack"

  The purpose of the amendment is to prohibit the sale, possession etc in itself and without any other criminal intent. In other words an object which is not an imitation firearm cannot become an imitation firearm simply by reason of it use. The "chair leg in a sack" remains precisely that and the appropriate criminal sanction is the Prevention of Crime Act 1953. This is the effect of all existing case law.

3.  THE PROPOSED LEGISLATION

Firearms (Amendment) Act 2001

  An Act to amend the Firearms Act 1968 to make further provision for regulating the possession of and transactions relating to firearms and ammunition.

  1.  Section 5 of the Firearms Act 1968 shall have effect with the following amendment:

  2.  After subsection (1A) there shall be inserted the following subsection:

"(1B) A person commits an offence if, without lawful object or reasonable excuse or the permission of the Secretary of State, he has in his possession in any public place or purchases or acquires or imports into the United Kingdom or manufactures, sells or transfers any imitation firearm."

10 April 2001