Firearms regulation in the United Kingdom
This article's lead section may be too long. (July 2012) |
Template:Gun politics by country The United Kingdom has some of the tightest gun control laws in the world.[1][2] Despite the restrictive legislation, there is little political debate in the UK over gun control, and no strong public opposition to control excepting some shooting organisations.[3] The United Kingdom historically had one of the lowest rates of gun homicides in the world even before gun control legislation became stricter from the late twentieth century.[4] In the United Kingdom there are 0.03 recorded intentional homicides committed with a firearm per 100,000 inhabitants; for comparison, the figure for the United States was 2.98, and for Germany 1.10.[5]
With the exception of Northern Ireland, most police officers in the United Kingdom do not routinely carry firearms outside of tasers[6][7] However, there were just under 7,000 armed officers in 2009,[7][8][8] they carry semi-automatic carbines, and pistols; the Heckler & Koch MP5SF, and Glock 17 were most usually used although a range of weapons are available.[9]
Shooting sports
Shooting sports are split into different categories in the UK between target shooting, clay pigeon shooting, pest control, and hunting. Sports once a relatively elitist activity have become far more popular in modern times amongst people from all walks of life.[10][11]
Many modern civilian rifle clubs trace their history to the 'volunteers' of the middle 19th century, raised locally among the gentry to afford some readiness to counter the constant threat of invasion by Napoleon III. These volunteer organisations and military shooting clubs developed over time into civilian clubs as the Volunteer organisations were incorporated into the Territorial Army. The rise in popularity in the civilian clubs started in the late 19th and early 20th centuries, especially full-bore rifle events sponsored by the military and National Rifle Association of the United Kingdom to improve the general standard of marksmanship under the auspices of Defence of the Realm.
Rampage killings
Britain has had few firearms rampage incidents in modern times. During the latter half of the 20th century there were only two incidents in which people holding licensed firearms went on shooting sprees and killed on a large scale, the Hungerford massacre of 1987 and the Dunblane school massacre of 1996; each led to strong public and political demands to restrict firearm use, and tightening of laws. The result has been among the strictest firearms laws in the world.[12] After Hungerford, the Firearms (Amendment) Act 1988 criminalised most semi-automatic long-barrelled weapons; it was generally supported by the Labour opposition although some Labour backbenchers thought it inadequate.[13] After the second incident, the Firearms (Amendment) Act 1997 criminalised private possession of most handguns having a calibre over .22; the Snowdrop Campaign continued to press for a wider ban, and in 1997 the incoming Labour government introduced the Firearms (Amendment) (No. 2) Act, which extended this to most handguns with a calibre of .22 (there are exceptions for some antique handguns and black-powder revolvers.). Even so, after all this gun act, at 2 June 2010, The Cumbria shootings still occur.
Impact of firearm legislation
In 2006, writing in the British Journal of Criminology, Dr Jeanine Baker and Dr Samara McPhedran found no measurable effect detectable from the 1997 firearms legislation with ARIMA statistical analysis [14] but in subsequent years firearm homicides declined. In 2012 the Home Office reported that, "in 2010/11, firearms were involved in 11,227 recorded offences in England and Wales, the seventh consecutive annual fall".[15] Firearms statistics in England and Wales include airguns and imitations guns, which make up a high proportion of these recorded offences (see under "Firearms crime" below).
Except for Northern Ireland, fully automatic (submachine-guns, etc.) and self-loading (semi-automatic) weapons of calibre larger than .22 rimfire are totally banned, pistols are limited to .22 calibre in short barrel, while calibres up to .357 magnum are allowed in long barrel pistols (of total length at least 60 cm).[16] All other rifles and their ammunition are permitted with good reason, which may include target shooting, hunting, and historic and black powder weapons, but not self-defence. Shotgun ownership and use is controlled, and even low-power air rifles and pistols, while permitted, are controlled to some extent. A firearms certificate issued by the police is required for all weapons and ammunition except air weapons of modest power (of muzzle energy not over 12 ft·lbf for rifles, and 6 ft·lbf for pistols). Shotguns with a capacity of three rounds or less (up to guns with a magazine holding no more than two rounds, in addition to one in the chamber) are subject to less stringent licensing requirements than other firearms; shotguns with higher capacity require a Firearms Certificate.
Possession of a live firearms round can lead to severe penalties. Shotgun cartridges can be possessed by anybody over the age of 17 but a Shotgun Licence is required for purchase.
While Scotland has had its own parliament (Holyrood) since the Scotland Act 1998, power to legislate on firearms was reserved to the Westminster Parliament, which led to tensions between the British and Scottish parliaments, with the Scottish government wanting to enact stricter laws.[17]
In Northern Ireland, owning a firearm with a firearm certificate issued by the Police Service of Northern Ireland is legal. Firearms control laws in Northern Ireland are primarily regulated by the Firearms (Northern Ireland) Order 2004, slightly different from the law in Great Britain.
Licensing and legislation
Classifications of firearms
Rifles
British law defines a "rifle" as a rifled firearm with a barrel longer than 30 cm, and a total length longer than 60 cm that does not fall under the classification of long-barrelled revolver or pistol. Single-shot, bolt-action, Martini-action, lever-action (also called under-lever action) and revolver rifles and carbines are permitted, with certificate, in any calibre. Self-loading (also known as semi-automatic) or pump-action rifles are only permitted in .22 rimfire calibre.
Pistols
British law defines a "pistol" as a firearm with a barrel shorter than 30 cm or a total length of less than 60 cm[18] (this definition encompasses revolvers, revolving pistols). Only muzzle-loading pistols—including muzzle-loading revolvers—are permitted; in practice all such firearms use black powder—a Class 1 explosive—as the propellant. All other pistols are prohibited on the UK mainland, with some exceptions such as pistols used for the humane dispatch of injured animals (such as deer) and some historical firearms.
Specific models of blank-firing starting pistol that are "readily convertible" to fire live ammunition can also be banned. The Bruni Olympic .380 BBM blank-firing revolver was banned in 2010 on evidence that it was being illegally converted.[19]
Long-barrelled revolvers and pistols
"Long-barrelled revolvers" and "long-barrelled pistols" meeting specified criteria are not classified as prohibited pistols; it is legal, with a Class I Firearms Certificate, to own them. The barrel must be at least 30 cm long, and the firearm at least 60 cm long, which can be achieved by having a permanently attached extension to the grip or butt of the firearm. Single-shot firearms of any calibre, and semi-automatic pistols of .22 rimfire calibres, are permitted.
Target pistols
Aside from special temporary exemptions for major events such as the 2012 Olympics, pistol shooting for sporting purposes has been effectively banned since 1997. As a result, the GB pistol squad has to practice abroad.[20]
A few models of single-shot .22 calibre free pistol, as used in the 50m Olympic 'Free Pistol' match, have been produced to meet the "long-barrelled pistol" conditions. Some free pistols have removable stabiliser bars extending backwards to improve stability; the UK-legal models have been made with non-removable stabilisers to extend the dimensions, instead of contrived and non-functional grip extensions. An example is the Pardini K22 Longarm.[21]
Shotguns
Single-barrelled, double-barrelled shotguns, or those with a lever-action or, pump-action, or semi-automatic and fixed magazine capacity of no more than two cartridges are permitted on a Shotgun Certificate. Shotguns with a detachable magazine or larger fixed magazine are permitted on a Section 1 Firearms Certificate. Certain types of shotgun ammunition, such as rifled slugs and larger shot sizes can only be bought following the grant of an FAC (firearms certificate). There is no limit on the amount of guns or ammunition that a SGC (shotgun certificate) holder can acquire or possess at one time.
Airguns
Air pistols with a muzzle energy of not more than 6 ft·lbf (8.1 J) and air rifles of energy up to 12 ft·lbf (16.2 J) do not require a licence and may be owned by anyone over the age of 18. Weapons of higher energy are considered firearms and must be licensed as such.[22] The UK Violent Crime Reduction Act 2006 prohibits online or mail-order sales of new air guns; transactions must be finalised face-to-face, either where purchased or through a Registered Firearms Dealer to which an item may be posted and the transfer completed. The sale and transfer of second-hand airguns is not restricted. It became a crime to fire an air weapon beyond the boundary of any premises without the occupier's permission, and increased the lower age limit for buying or possessing an air weapon to 18 years.[23]
From 10 February 2011 The Crime & Security Act 2010 (S.46) made it an offence "...for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him...".[24]
Any person on private property without permission is trespassing; possession when doing so of even a low-power air weapon with no ammunition makes this the serious crime of armed trespass, subject to heavy penalties.[25]
Airsoft and BB Guns
2 tone (51% of the gun must be painted in a non realistic color) airsoft and BB guns do not require any kind of licence and is not controlled by the state or local police force but cannot be sold to any person under the age of 18 and if a person under the stated age wants to train with, use or fire the gun the must be accompanied by an adult. In the case of an imitation firearm you must have a valid reason for wanting to own one (i.e. for airsoft skirmishing or reenacting) even though the process is not nearly as strictly controlled as in the case of a real firearm, to obtain an imitation (realistic) looking airsoft or BB gun for skirmishing you must be a registered UKARA member or must be a member of a skirmishing site and over the age of 18.
Ammunition
Explosive, incendiary, noxious (biological, chemical) and armour piercing ammunition types are prohibited for civilians, although this ban created a problem for the authorities as expanding ammunition is needed for hunting and vermin control. Expanding ammunition is not only permitted but a legal requirement for deer stalking. Holders of a FAC for the purpose of (game) shooting or deer-stalking are required to have authorisation to acquire and possess expanding ammunition noted on it. The amount of ammunition allowed for purchase and possession is determined by conditions stated on an FAC.
Prohibited firearms
The following are generally prohibited :[26][27]
- Fully automatic or burst-fire weapons, including air guns.
- Firearms disguised as another item (e.g. walking sticks, mobile telephones, etc.)
- Rockets and mortars.
- Air guns chambered for self-contained gas cartridges.
- Any weapon of whatever description designed or adapted for the discharge of any noxious liquid gas or other thing. Generally stun guns or electric shock devices, CS gas not usually cattle prods but depends on type
Licensing
With a few specialised exceptions, all firearms in the United Kingdom must be licensed on either a 5-year[28] firearm certificate (FAC) or a shotgun certificate from the police.
Shotguns (Section 2 Firearms under the 1968 Act as amended) are defined in UK law as smoothbore firearms with barrels not shorter than 24 inches (60 cm) and a bore not larger than 2 inches (5 cm) in diameter, no revolving cylinder, and either no magazine or a non-detachable magazine that is not capable of holding more than two cartridges,[29] plus one in the chamber; shotguns with higher capacity require a firearm certificate. Shotguns thus defined are subject to a less rigorous certification process than for the full FAC; an applicant is not required by law to make a good case for being granted a certificate, but the police may withhold a certificate if they consider that the applicant does not have satisfactory security in place, or granting it would constitute a danger to public safety or to the peace.[30] A certificate holder may own as many shotguns as can be securely stored.
When applying for a firearm certificate, justification must be provided to the police for each firearm, and they are individually listed on the certificate by type, calibre, and serial number. A shotgun certificate similarly lists type, calibre and serial number, but permits ownership of as many shotguns as can be safely accommodated. To gain permission for a new firearm, a "variation" must be sought, for a fee, unless the variation is made at the time of renewal, or unless it constitutes a one-for-one replacement of an existing firearm that will be disposed of. The certificate also sets out, by calibre, the maximum quantities of ammunition someone may buy or possess at any one time, and is used to record ammunition purchases (except where ammunition is bought to use immediately on a range under s11 or s15 of the Firearms Acts).
To obtain a firearm certificate, the police must be convinced that a person has "good reason" to own each firearm, and that they can be trusted with it "without danger to the public safety or to the peace". Under Home Office guidelines, firearms licences are only issued if a person has legitimate sporting, collecting, or work-related reasons for ownership. Since 1968, self-defence has not been considered a valid reason to own a firearm. The current licensing procedure involves: positive verification of identity, two referees of verifiable good character who have known the applicant for at least two years (and who may themselves be interviewed and/or investigated as part of the certification), approval of the application by the applicant's own family doctor, an inspection of the premises and cabinet where firearms will be kept and a face-to-face interview by a Firearms Enquiry Officer (FEO) also known as a Firearms Liaison Officer (FLO). A thorough background check of the applicant is then made by Special Branch on behalf of the firearms licensing department. Only when all these stages have been satisfactorily completed will a license be issued, which must be renewed every 5 years.
Any person who has been sentenced to three years or more in prison is automatically banned for life from obtaining a firearms licence.[31] Similarly, persons applying for licences with recent, serious mental health issues will also be refused a certificate.
Any person holding a Firearm or Shotgun Certificate must comply with strict conditions regarding such things as safe storage. These storage arrangements are checked by the police before a licence is first granted, and on every renewal of the licence. A local police force may impose additional conditions on ownership, over and above those set out by law. Failure to comply with any of these conditions can mean forfeiture of the licence and surrender of any firearms to the police, though due to the complicated laws, different forces in the UK interpret the regulations in different ways, and many conditions have been overthrown following legal proceedings against issuing Police forces.
A visitors permit is available for possession of firearms without certificate by visitors to Britain.[32]
Following the Cumbria shootings by Derrick Bird, the UK 'gun laws' came under review, with many calling for the laws to be simplified due to what has been called a 'piecemeal' set of laws introduced following previous massacres in Hungerford and Dunblane, which led to the ban on semi-automatic rifles over .22 rimfire calibre and handguns, respectively.
The penalty for possession of a prohibited firearm (section 5) without a certificate is a maximum of ten years in prison and an unlimited fine. The penalty for section 5 category's of firearm is subject to a mandatory minimum of five years.[33]
The Violent Crime Reduction Act 2006 increased restrictions on the use, ownership, sale and manufacture of both airguns and imitation firearms.[34]
History of gun control in the United Kingdom
Many laws and amendments governing possession and use of firearms have been enacted over the years; see Firearms Act#United Kingdom for a more complete list.
There were growing concerns in the sixteenth century over the use of guns and crossbows. Four acts were imposed to restrict their use.[35]
The Bill of Rights restated the ancient rights of the people to have arms by reinstating the right of Protestants to have arms after they had been illegally disarmed by James II. The bill follows closely the Declaration of Rights made in Parliament in February 1689.[36]
"Whereas the late King James the Second, by the Assistance of divers evil Counsellors, Judges, and Ministers, employed by Him, did endeavour to subvert and extirpate the Protestant Religion, and the Laws and Liberties of this Kingdom..(b)y assuming and exercising a Power of dispensing with and suspending of Laws, and the Execution of Laws, without Consent of Parliament....(b)y causing several good Subjects, being Protestants, to be disarmed, at the same Time when Papists were both armed and employed contrary to Law...(a)ll which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm..... the said Lords Spiritual and Temporal and Commons, pursuant to their respective Letters and Elections, being now assembled in a full and free Representative of this Nation, taking into their most serious Consideration the best Means for attaining the Ends aforesaid, do in the First Place (as their Ancestors in like Case have usually done), for the vindicating and asserting their ancient Rights and Liberties, Declare,....That the Subjects which are Protestants may have Arms for their Defence, suitable to their Condition, and as allowed by Law.
The rights of English subjects, and, after 1707, British subjects, to possess arms was recognised under English Common Law. Sir William Blackstone's Commentaries on the Laws of England, were highly influential and were used as a reference and text book for English Common Law. In his Commentaries, Blackstone described the right to arms.[37]
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
Formerly, this same British common law applied to the UK and Australia, and until 1791 to the colonies in North America that became the United States. The no longer applicable right to keep and bear arms had originated in England during the reign of Henry II with the 1181 Assize of Arms, and developed as part of Common Law.
After the Jacobite rebellions of 1715 and 1745, harsh laws providing, amongst other things, for disarming the Highlands of Scotland, were enacted by the Parliament of Great Britain: the Disarming Acts of 1716 and 1725, and the Act of Proscription 1746.
The first British firearm controls were introduced as part of the Vagrancy Act 1824, which was set up in a reaction against the large number of people roaming the country with weapons brought back from the Napoleonic wars. The Act allowed the police to arrest "any person with any gun, pistol, hanger [dagger], cutlass, bludgeon or other offensive weapon ... with intent to commit a felonious act". This was followed by the Night Poaching Act 1828 and Night Poaching Act 1844, the Game Act 1831, and the Poaching Prevention Act 1862, which made it an offence to illegally shoot game using a firearm.
The Gun Licence Act 1870 was created to raise revenue. It required a person to obtain a licence to carry a gun outside his own property for any reason. A licence was not required to buy a gun. The licences cost 10 shillings (about £31 in 2005 terms), lasted one year, and could be bought over the counter at Post Offices.
Pistols Act 1903
The Pistols Act 1903 was the first to place restrictions on the sale of firearms. Titled "An Act to regulate the sale and use of Pistols or other Firearms", it was a short Act of just nine sections, and applied solely to pistols. It defined a pistol as a firearm whose barrel did not exceed 9 in (230 mm) in length and made it illegal to sell or rent a pistol to anyone unless they could produce a current gun licence or game licence, were exempt from the Gun Licence Act, could prove that they planned to use the pistol on their own property, or had a statement signed by a police officer of Inspector's rank or above or a Justice of the Peace to the effect that they were about to go abroad for six months or more. The Act was more or less ineffective, as anyone wishing to buy a pistol commercially merely had to purchase a licence on demand over the counter from a Post Office before doing so. In addition, it did not regulate private sales of such firearms.
The legislators laid some emphasis on the dangers of pistols in the hands of children and drunkards and made specific provisions regarding sales to these two groups: persons under 18 could be fined 40 shillings if they bought, hired, or carried a pistol, while anyone who sold a pistol to such a person could be fined £5. Anyone who sold a pistol to someone who was "intoxicated or of unsound mind" was liable to a fine of £25 or 3 months' imprisonment with hard labour. However, it was not an offence under the Act to give or lend a pistol to anyone belonging to these two groups.[38]
1920 Firearms Act
The Firearms Act of 1920 was partly spurred by fears of a possible surge in crime from the large number of firearms available following World War I and in part due to fears of working class unrest in this period. "An Act to amend the law relating to firearms and other weapons and ammunition", its main stated aim was to enable the government to control the overseas arms trade and so fulfil their commitment to the 1919 Paris Arms Convention.[39] Shootings of police by militant groups in Ireland may also have been a factor as Britain and Ireland were at that time still in union with each other and the Act applied there too. It required anyone wanting to purchase or own a firearm or ammunition to obtain a firearm certificate. The certificate, which lasted for three years, specified not only the firearm but the amount of ammunition the holder could buy or possess. Local chief constables decided who could obtain a certificate, and had the power to exclude anyone of "intemperate habits" or "unsound mind", or anyone considered "...for any reason unfitted to be trusted with firearms." Applicants for certificates also had to convince the police that they had a good reason for needing a certificate. The law did not affect smooth-bore guns, which were available for purchase without any form of paperwork. The penalty for violating the Act was a fine of up to £50 or "imprisonment with or without hard labour for a term not exceeding three months", or both.[40]
The right of individuals to bear arms had previously been, in the words of the 1689 Bill of Rights, "as allowed by law". The 1920 Act made this right conditional upon the Home Secretary and police officers. A series of classified Home Office directives defined for the benefit of chief constables what constituted good reason to grant a certificate. These originally included self-defence.[40]
As the 1920 Act did not prevent criminals from obtaining firearms illegally, in 1933 the Firearms and Imitation Firearms (Criminal Use) Bill was submitted to Parliament. It increased the punishment for the use of a gun in the commission of a crime and made it an offence punishable by up to 14 years' imprisonment for anyone to "attempt to make use" of any firearm or imitation firearm to resist arrest. Possession of a real or imitation firearm was also made an offence unless the possessor could show he had it for "a lawful object".[41]
1937 Firearms Act
The 1937 Firearms Act incorporated various modifications to the 1920 Act based on the recommendations of a 1934 committee chaired by Sir Archibald Bodkin. The resulting legislation raised the minimum age for buying a firearm or airgun from 14 to 17, extended controls to shotguns and other smooth-bore weapons with barrels shorter than 20 in (510 mm) (later raised by the Firearms Act 1968 to 24 in (610 mm)), transferred certificates for machine guns to military oversight, regulated gun dealers, and granted chief constables the power to add conditions to individual firearms certificates.[42]
The same year, the Home Secretary ruled that self-defence was no longer a suitable reason for applying for a firearm certificate, and directed police to refuse such applications on the grounds that "firearms cannot be regarded as a suitable means of protection and may be a source of danger".[43]
Fully automatic firearms were almost completely banned from private ownership by the 1937 Act, which took its inspiration from the US 1934 National Firearms Act.[citation needed] Such weapons became restricted to certain special collectors, museums, prop companies, the military, Police Forces and anyone with the permission of the Home Secretary.
1968 Firearms Act
The Firearms Act 1968 brought together all existing firearms legislation in a single statute. Disregarding minor changes, it formed the legal basis for British firearms control policy until the Firearms (Amendment) Act 1988 was put through Parliament in the aftermath of the 1987 Hungerford massacre. For the first time, it introduced controls for long-barrelled shotguns, in the form of Shotgun Certificates that, like Firearm Certificates, were issued by an area's chief constable in England, Scotland, and Wales. While applicants for Firearms Certificates had to show a good reason for possessing the firearm or ammunition, this did not apply to Shotgun Certificates. Firearms had to be locked up, and ammunition stored and locked in a different cabinet. This was introduced after the 1973 Green Paper, which advocated more controls on firearms.
The Act also prohibited the possession of firearms or ammunition by criminals who had been sentenced to imprisonment; those sentenced to three months to three years imprisonment were banned from possessing firearms or ammunition for five years, while those sentenced to longer terms were banned for life. However, an application could be made to have the prohibition removed.[44]
The Act was accompanied by an amnesty; many older weapons were handed into the police. It has remained a feature of British policing that from time-to-time a brief firearms amnesty is declared.[45]
Changes in public attitudes in the 1970s and 1980s changed the basis on which firearms were perceived and understood in British society. Increasingly graphic portrayals of firearms involved in gratuitous acts of violence in the mass media gave rise to concern of the emergence of an aggressive "gun culture". A steady rise in violent gun crime[citation needed] generally also became an issue of concern.
Northern Ireland
More than 100,000 people in Northern Ireland own firearms, having 380,000 among them.[46] Gun control laws in Northern Ireland are slightly different from those in the rest of the UK, being primarily affected by the Firearms (Northern Ireland) Order 2004. Under the new law, first-time buyers will be required to demonstrate they can be trusted with the firearm. It will be up to firearms dealers selling the products to tell new buyers, and those upgrading their firearms, about the safety procedures. Firearm owners in Northern Ireland must not transport their firearms to Great Britain. Northern Ireland is the only part of the United Kingdom where personal protection is accepted as a legitimate reason to obtain and own a firearm and is the only part of the United Kingdom where handguns and semi-automatic firearms are permitted. Also, carrying a firearm in plain view in a public place is allowed without a permit.[46] However a firearm certificate for a personal protection weapon will only be authorised where the Police Service of Northern Ireland deems there is a ‘verifiable specific risk’ to the life of an individual and that the possession of a firearm is a reasonable, proportionate and necessary measure to protect their life.[47]
Hungerford massacre
In 1987, 27-year-old Michael Ryan, armed with two semi-automatic rifles (a Type 56 sporter, and an M1 carbine), and a Beretta 92 pistol, dressed in combat fatigues and proceeded around the town of Hungerford killing 16 people, wounding fifteen and shooting himself, in what became known as the Hungerford massacre.
In the aftermath, the Conservative government passed the Firearms (Amendment) Act 1988.[48] This confined semi-automatic and pump-action centre-fire rifles, military weapons firing explosive ammunition, short shotguns that had magazines, and both elevated pump-action and self-loading rifles to the Prohibited category.[49] Registration and secure storage of shotguns held on Shotgun Certificates became required, and shotguns with more than a 2+1 capacity came to need a Firearm Certificate. The law also introduced new restrictions on shotguns. Rifles in .22 rimfire and semi-automatic pistols were unaffected.
Dunblane massacre
On 13 March 1996, Thomas Hamilton, aged 43, a former scout leader who had been ousted by The Scout Association five years previously, shot dead sixteen young children and their teacher, Gweneth Mayor, in Dunblane Primary School's gymnasium with two Browning Hi-Power 9 mm pistols and two S&W .357 Magnum revolvers. He then shot himself. There is a memorial to the seventeen victims in the local cemetery and a cenotaph in the cathedral. The funds raised in the aftermath of the tragedy have been used to build a new community centre for the town.
It was later shown that the gun controls in place at the time were adequate, but failures by the police to properly apply these controls allowed the tragedy.[50] In particular, officers from the Police Firearms Licensing Office were unaware of his expulsion by the Scout Association, nor were they aware of allegations made against Hamilton regarding unsavoury behaviour on a number of boy's summer camps he had organised, allegations that would have exposed his poor character. The tragedy led to improvements in inter-departmental sharing of Police Intelligence and deeper background checks of firearm certificate applicants.
Cumbria shootings
On 2 June 2010, Derek Bird, a 52 year old taxi driver, shot and killed 12 people and injured 11 others while driving through Cumbria. He then shot himself. A licensed firearms holder, Bird's weapons were a 12 gauge double-barreled shotgun and CZ 452-2E ZKM .22-calibre bolt-action rifle.
1997 Firearms Act
Following the Dunblane massacre, the government passed the Firearms (Amendment) (No. 2) Act 1997, banning private ownership of handguns almost completely, although the official inquiry, known as the Cullen Inquiry, had not recommended this.[51] Exceptions to the ban include muzzle-loading "black powder" guns, pistols produced before 1917, pistols of historical interest (such as pistols used in notable crimes, rare prototypes, unusual serial numbers and so on), starting pistols, pistols that are of particular aesthetic interest (such as engraved or jewelled guns) and shot pistols for pest control. Under certain circumstances, individuals may be issued a PPW (Personal Protection Weapon) licence. Even the UK's Olympic shooters fall under this ban; shooters can only train in Northern Ireland, the Channel Islands, the Isle of Man, or abroad (in Switzerland, in practice).[52]
A measure of the extent of legal firearms ownership in the UK (post-Dunblane legislation did not extend to Northern Ireland) is that the handgun bans affected an estimated 57,000 people - 0.1% of the population, or 1 in every 960 persons.[53] At the time, the renewal cycle for FACs was five years, meaning that it would take six years for the full reduction of valid certificates for both large-calibre and .22 handguns bans (because certificates remained valid even if the holder had disposed of all their firearms). On 31 December 1996, prior to the large-calibre handgun ban, there were 133,600 FACs on issue in England and Wales; by 31 December 1997 it had fallen to 131,900. The following year, after the .22 handgun ban, the number stood at 131,900. On 31 December 2001, five years after the large calibre ban, the number had fallen to 119,600 and 117,700 the following year.[54] This represents a net drop of 24,200 certificates. Comparable figures for Scotland show a net drop of 5,841 from 32,053 to 26,212 certificates,[55] making a GB total net drop of 30,041. However, while the number of certificates in England and Wales rose each year after 2002 to stand at 126,400 at 31 March 2005 (due to a change in reporting period), those in Scotland remained relatively static, standing at 26,538 at 31 December 2005.
Violent Crime Reduction Act 2006
This act is focused around various vice type misdemeanours, including dealing with weapons. From the 6 April 2007 the sale and transfer of air weapons by mail order became an offence (they may still be purchased in person), as well as the sale of primers, and realistic imitation firearms (RIFs). The only exceptions are for the purposes of military and historical reenactment, media & theatre production, paintballing and Airsoft as a sport. This has affected Airsoft in the UK by restricting the sale, import and purchase of airsoft replicas to individuals entitled to the skirmishers specific defence, i.e. members of an organised airsoft skirmish site holding permitted activities with third-party liability insurance cover.
The 2012 Olympics
Following the awarding of the 2012 Olympic Games to London, the government announced that special dispensation would be granted to allow the various shooting events to be held, as had been the case previously for the 2002 Commonwealth Games. However, it remained illegal for pistol shooters to train in England, Scotland or Wales. A limited dispensation was agreed to provide section 5 permits for a limited number of pistol-shooters nominated by British Shooting, which would allow them to train in the UK.[citation needed]
Firearms crime
A Home Office study published in 2007 reported that gun crime in England and Wales remained a relatively rare event. Firearms (including air guns) were used in 21,521 recorded crimes. It said that injury caused during a firearm offence was rare, with fewer than 3% of offences resulting in a serious or fatal injury.[56]
The number of homicides per year committed with firearms remained between 49 and 97 in the eight years to 2006. There were two fatal shootings of police officers in England and Wales in this period, and 107 non-fatal shootings - an average of 9.7 per year over the same period.[57] In 2005/6 the police in England and Wales reported 50 gun homicides, a rate of 0.1 illegal gun deaths per 100,000 of population. 6.6% of homicides involved the use of a firearm.[57]
The overall homicide rates per 100,000 (regardless of weapon type) reported by the United Nations for 1999 were 4.55 for the U.S. and 1.45 in England and Wales.[58] The homicide rate in England and Wales at the end of the 1990s was below the EU average, but the rates in Northern Ireland and Scotland were above the EU average.[59]
While the number of crimes involving firearms in England and Wales increased from 13,874 in 1998/99 to 24,070 in 2002/03, they remained relatively static at 24,094 in 2003/04, and fell to 21,521 in 2005/06. The latter includes 3,275 crimes involving imitation firearms and 10,437 involving air weapons, compared to 566 and 8,665 respectively in 1998/99.[60] Only those "firearms" positively identified as being imitations or air weapons (e.g., by being recovered by the police or by being fired) are classed as such, so the actual numbers are likely significantly higher. In 2005/06, 8,978 of the total of 21,521 firearms crimes (42%) were for criminal damage.[60]
Compared with the United States of America, the United Kingdom has a slightly higher total crime rate per capita of approximately 85 per 1000 people, while in the USA it is approximately 80.[61]
Since 1998, the number of people injured by firearms in England and Wales increased by 110%,[62] from 2,378 in 1998/99 to 5,001 in 2005/06. Most of the rise in injuries were in the category slight injuries from the non-air weapons. "Slight" in this context means an injury that was not classified as "serious" (i.e., did not require detention in hospital, did not involve fractures, concussion, severe general shock, penetration by a bullet or multiple shot wounds). In 2005/06, 87% of such injuries were defined as "slight," which includes the use of firearms as a threat only. In 2007, the British government was accused by Shadow Home Secretary David Davis of making "inaccurate and misleading" statements claiming that gun crime was falling, after official figures showed that gun-related killings and injuries recorded by police had risen more than fourfold since 1998, mainly due to a rise in non-fatal injuries.[63][64] In 2007, Justice Minister Jack Straw told the BBC, "We are concerned that within the overall record, which is a good one, of crime going down in the last 10-11 years, the number of gun-related incidents has gone up. But it has now started to fall."[65]
In 2008 The Independent reported that there were 42 gun-related deaths in Great Britain, a 20-year low.[66] However, in late 2009 The Telegraph reported that gun crime had doubled in the last 10 years, with an increase in both firearms offences and deaths. A government spokesman said this increase was a result of a change in reporting practices in 2001 and that gun crime had actually fallen since 2005. Chris Grayling, the Shadow Home Secretary (an opposition party spokesperson), attributed the rise to ineffective policing and an out-of-control gang culture.[67] Writing in the British Journal of Criminology, Dr Jeanine Baker and Dr Samara McPhedran found no measurable effect detectable from the 1997 firearms legislation with ARIMA statistical analysis.[14]
In the year Apr 2010 to Mar 2011 there were 11,227 recorded offences involving firearms, broken down as follows.
By weapon type:
- Long-barrelled shotgun = 406
- Sawn-off shotgun = 202
- Handgun = 3,105
- Rifle = 74
- Imitation firearm = 1,610
- Unidentified firearm = 957
- Other firearm = 670
- Air weapons = 4,203
Only those items proven to be "imitations" (which includes BB/soft air types) or air weapons are classed as such, otherwise they are placed by default in the main "live" categories, e.g. an imitation pistol not proven to be such would be counted as a live "handgun." "Other firearm" includes CS gas (223 crimes), pepper spray (118), and stun guns (149).
By crime type:
- Violence against the person:
- Homicide = 60
- Attempted murder/GBH with intent = 757
- Other = 3,317 (1,212 of which involved imitations)
- Robbery = 2,965
- Burglary = 151
- Criminal damage = 3,287 (2,916 of which involved air weapons)
- Other = 690[68]
Pro-Gun Organisations
BASC
The British Association for Shooting and Conservation is a non-profit making Industrial and Provident Society, whose mission is to promote and protect sporting shooting and the well-being of the countryside throughout the United Kingdom and overseas. With around 130,000 members and 105 staff BASC is the largest and best resourced country sports organisation in the UK. Its magazine “Shooting and Conservation” has the largest circulation of any shooting magazine in Britain.
Sporting shooting includes wildfowling, game, and rough shooting, deer stalking, target shooting and air gunning, pigeon shooting and pest control, gundogs and promoting practical habitat conservation. BASC is also involved in the political representation of shooting - training and the setting of standards in shooting sports and the Association undertakes research in its area of interest.
NRA (National Rifle Association)
The National Rifle Association (now the governing body of fullbore rifle and centre-fire pistol shooting in Great Britain) was founded in 1859, as well as providing target and firearms training to help in the defense of the realm it has in recent times taken on the role of protecting fullbore rifle and centre-fire pistol shooters right to own their firearm.
Countryside Alliance
The Countryside Alliance was created in 1997 as a response to the newly elected Labour Government’s pledge to ban hunting with dogs. An amalgamation of three organisations: The Countryside Business Group, the British Field Sports Society and the Countryside Movement, the Countryside Alliance has in its short life become the major British campaigning organisation on rural issues. With over 100,000 members the Countryside Alliance defends and promotes country sports and rural life at Parliament, in the media and on the ground.
See also
- (Police) Armed response vehicle
- Lobbying in the United Kingdom
- National Rifle Association of the United Kingdom
- Firearms Enquiries Officer
- Gun politics
- Gun safe
- British association for Shooting and conservation
Notes
- ^ "Gun control and ownership laws in the UK". British Broadcasting Corporation. 2010-11-02. Retrieved 2012-12-14.
- ^ "Gun Self-Preservation and Principles: A UK Perspective on the U.S. Gun Debate". Huffington Post. 2012-07-31. Retrieved 2012-12-14.
- ^ "Gun Crime". Politics.co.uk. Retrieved 2012-12-14.
- ^ Malcolm, p. 91-98
- ^ List of countries by firearm-related death rate Total homicides for England & Wales are given as 41, Scotland as 3, and Northern Ireland as 123, which equates to 0.2197 per 100,000 of the 54 million inhabitants; this figure is rounded to one decimal place in the table, thus 0.22.
- ^ http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/section_5_firearms_act/
- ^ a b Waldren, p. 222
- ^ a b http://www.homeoffice.gov.uk/publications/about-us/parliamentary-business/written-ministerial-statement/police-firearms-09-10/police-firearms-09-10?view=Binary
- ^ "Police chiefs want the same state-of-the-art assault rifles used by our soldiers to help counter terror threat | Mail Online". Dailymail.co.uk. 2012-07-02. Retrieved 2012-08-06.
- ^ http://www.basc.org.uk/en/shooting/target-shooting/
- ^ "Game Shooting". Basc.org.uk. Retrieved 2012-08-06.
- ^ "British Gun Laws: System One Of The World's Toughest". Press Association. 2 January 2012. Retrieved 7 July 2012.
- ^ Maev Kennedy, "Gun ban 'to cause owners a loss'", The Guardian, 22 January 1988, p. 6.
- ^ a b Jeanine Baker and Samara McPhedran* (2006-10-18). "Gun Laws and Sudden Death". Bjc.oxfordjournals.org. Retrieved 2012-08-06.
- ^ "Statistical News Release -'Homicides, Firearm Offences and Intimate Violence 2010/11: Supplementary Volume 2 to Crime in England and Wales 2010/11". 2012-01-19. Retrieved 2012-08-15.
- ^ "Go Shooting - Pistol". Shootingshow.co.uk. Retrieved 2012-08-06.
- ^ "UK rejection over gun laws review BBC News, 2 March 2008". BBC News. 2008-03-02. Retrieved 2010-06-02.
- ^ "British Shooting and Countryman Show website - legal definitions and restrictions". Shootingshow.co.uk. Retrieved 2012-08-06.
- ^ [1][dead link]
- ^ Fraser, Andrew (2005-08-19). "Shooters seek handgun law change". BBC News.
- ^ "Specification of UK-legal Pardini K22 UK Longarm free pistol". Targetshooting.ca. 2004-12-07. Retrieved 2012-08-06.
- ^ UK air gun law[dead link]
- ^ "BBC: Britain's changing firearms laws, 12 November 2007". BBC News. 2007-11-12. Retrieved 2012-08-06.
- ^ "UK legislation concerning the prevention of airguns falling into the hands of those under 18 years of age". Legislation.gov.uk. 2011-05-27. Retrieved 2012-08-06.
- ^ "Marple Rifle & Pistol Club, Gun Law in the UK". Marplerifleandpistolclub.org.uk. Retrieved 2012-08-06.
- ^ "Durham Constabulary: Prohibited Weapons". Retrieved 2010-10-31.
- ^ "Prohibited Weapons Defined by section 5 Firearms Act 1968 as Amended".
- ^ Metropolitan Police. "Metropolitan Police, Firearms Licensing, Frequently Asked Questions (including duration of licence)". Met.police.uk. Retrieved 2012-08-06.
- ^ "Home Office Firearms Law: Guidance To The Police" (PDF). Retrieved 2006-11-09.
- ^ "How to obtain a Shotgun Certificate". Marple Rifle and Pistol Club. Retrieved 2012-08-06.
- ^ Metropolitan Police. "Metropolitan Police Service - Firearms Licensing - FAQs". Met.police.uk. Retrieved 2012-08-06.
- ^ Metropolitan Police. "Metropolitan Police: Firearms Licensing - Overseas Visitors". Met.police.uk. Retrieved 2012-08-06.
- ^ David Blunkett (2003-01-08). "Politics | Blunkett denies guns U-turn". BBC News. Retrieved 2010-06-02.
- ^ "Violent Crime Reduction Act 2006 (c. 38)". legislation.gov.uk. 2006-11-08. Retrieved 2013-09-13.
- ^
Tom A. Warlow. Firearms, the Law and Forensic Ballistics. CRC Press. p. 19,20. ISBN 0-415-31601-4Template:Inconsistent citations
{{cite book}}
: More than one of|pages=
and|page=
specified (help); Unknown parameter|published=
ignored (help)CS1 maint: postscript (link) - ^ "House of Commons Journal 29".
- ^ William Blackstone,'1 Commentaries on the Laws of England" 136
- ^ Greenwood, pp. 27-29
- ^ Greenwood, p. 241
- ^ a b Malcolm, p. 148-149
- ^ Malcolm, p. 153
- ^ Malcolm, p. 155
- ^ Malcolm, p. 157
- ^ Simon, Rita James (2001). A Comparative Perspective on Major Social Problems. Lexington Books. p. 90. ISBN 0-7391-0248-6.
{{cite book}}
: Cite has empty unknown parameters:|nopp=
and|coauthors=
(help) - ^ "2004 Firearms Amnesty". BBC News. 30 September 2004. Retrieved 2007-12-11.
- ^ a b "Guns in Northern Ireland: Facts, Figures and Firearm Law". Gunpolicy.org. Retrieved 2012-06-30. A Web site with many statistics on civilian and government firearm ownership country-by-country, including the UK as a whole, England & Wales, Northern Ireland, and Scotland
- ^ Ryder, Chris (5 January 2003). "Ulster gun owners face weapons licence tests". The Times. London. Retrieved 4 May 2010.
- ^ "Firearms (Amendment) Act 1988". legislation.gov.uk. 1988-11-15. Retrieved 2010-09-13.
- ^ "Firearms (Amendment) Act 1988 (c. 45) - Specially dangerous weapons". legislation.gov.uk. 1987-09-23. Retrieved 2012-09-13.
- ^ "Dunblane Unburied: Amazon.co.uk: Sandra Uttley: Books". Amazon.co.uk. Retrieved 2012-08-06.
- ^ "Public Enquiry into the shootings at Dunblane Primary Sch 13/3/96". Archive.official-documents.co.uk. 1996-10-16. Retrieved 2010-06-02.
- ^ Fraser, Andrew (19 August 2005). "Shooters seek handgun law change". BBC News. Retrieved 5 January 2010.
- ^ http://www.firearmsafetyseminar.org.nz/_documents/Greenwood_Paper.pdf paragraph 58; original copy unavailable - cashed copy at http://web.archive.org/web/20060623104106/http://www.firearmsafetyseminar.org.nz/_documents/Greenwood_Paper.pdf
- ^ http://www.homeoffice.gov.uk/rds/pdfs06/hosb0706.pdf Firearm certificates - England and Wales, 2004/05
- ^ "Statistics Bulletin Criminal Justice Series CrJ/2006/4: Firearm Certificates Statistics, Scotland, 2005". Scotland.gov.uk. Retrieved 2012-06-30.
- ^ http://www.homeoffice.gov.uk/rds/pdfs07/hosb0207.pdf Home Office: Homicides, Firearm Offences and Intimate Violence 2005/2006:Page 32
- ^ a b http://www.homeoffice.gov.uk/rds/pdfs07/hosb0207.pdf Page 36
- ^ "Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, statistics" (PDF). Retrieved 2010-06-02.
- ^ "HOSB International comparisons of criminal justice statistics 1999 Issue 6/01 May 2001" (PDF). Retrieved 2010-06-02.
- ^ a b "Homicides, Firearm Offences and Intimate Violence 2005/2006 Supplementary Volume 1 to Crime in England and Wales 2005/2006)" (PDF). Retrieved 2010-06-02.
- ^ "Total crimes (per capita) by country. Definition, graph and map". Nationmaster.com. 2011-05-15. Archived from the original on 2011-05-11. Retrieved 2011-11-15.
- ^ "UK | UK Politics | Blair wants gun crime age reduced". BBC News. 2007-02-18. Retrieved 2010-06-02.
- ^ Ministers 'covered up' gun crime, The Times, 26 August 2007
- ^ Homicides, Firearm Offences and Intimate Violence 2005/2006, Home Office statistical bulletin, 25 January 2007
- ^ Another arrest as Croxteth pays tribute to Rhys, The Guardian, 27 August 2007
- ^ Nigel Morris (8 January 2009). "Britain records 18% fall in gun deaths". The Independent. London.
- ^ Whitehead, Tom (27 October 2009). "Gun crime doubles in a decade". The Daily Telegraph. London. Retrieved 4 May 2010.
- ^ Table 2.07
References
- Greenwood, Colin (1972). Firearms Control: A Study of Armed Crime and Firearms Control in England and Wales. Routledge. ISBN 0-7100-7435-2.
{{cite book}}
: Cite has empty unknown parameters:|nopp=
and|coauthors=
(help) - Malcolm, Joyce Lee (2002). Guns and Violence: The English Experience. Harvard University Press. ISBN 0-674-01608-4.
{{cite book}}
: Cite has empty unknown parameters:|nopp=
and|coauthors=
(help) - Waldren, Michael J. (2007). Armed Police, The Police Use of Firearms since 1945. England: Sutton. ISBN 0-7509-4637-7.
{{cite book}}
: Cite has empty unknown parameter:|coauthors=
(help) - Utterley, Sandra. Dunblane Unburied. BookPublishingWorld. ISBN 1905553056.
{{cite book}}
: Cite has empty unknown parameters:|nopp=
,|coauthors=
, and|location +=
(help); Text "year 2006" ignored (help)
Legislation
Relevant acts of Parliament
Information in the following references is released under Crown Copyright by the Office of Public Sector Information. This allows reproduction free of charge in any format or medium provided it is reproduced accurately and not used in a misleading context.
- Firearms (Amendment) Act 1988 (c. 45)
- Statutory Instrument 1989 No. 853 (C.23) - The Firearms (Amendment) Act 1988 (Commencement No. 2) Order 1989
- Statutory Instrument 1989 No. 854 - The Firearms Rules 1989
- Statutory Instrument 1989 No. 889 (S.90) - The Firearms (Scotland) Rules 1989
- Firearms (Amendment) Act 1992 (c. 31)
- Statutory Instrument 1992 No. 2823 - The Firearms Acts (Amendment) Regulations 1992
- Firearms (Amendment) Act 1994
- Statutory Instrument 1994 No. 2615 - The Firearms (Variation of Fees) Order 1994
- Firearms (Amendment) Act 1997
- Firearms (Amendment) (No. 2) Act 1997
- Statutory Instrument 2002 No. 127 - The Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 2002
- Firearms (Northern Ireland) Order 2004 No. 7
- Draft Statutory Instrument 2005 No. (N.I.) - The Firearms (Amendment) (Northern Ireland) Order 2005