Firearms: licensing and safety - By Jennifer Brown 26 October 2021 - UK Parliament
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
By Jennifer Brown
26 October 2021
Firearms: licensing and safety
Summary
1 Background
2 Licensing
3 Safety
commonslibrary.parliament.ukNumber 8521 Firearms: licensing and safety
Image Credits
Seized – Inside the police armoury by West Midlands Police. Licensed by CC
BY 2.0 / image cropped.
Disclaimer
The Commons Library does not intend the information in our research
publications and briefings to address the specific circumstances of any
particular individual. We have published it to support the work of MPs. You
should not rely upon it as legal or professional advice, or as a substitute for
it. We do not accept any liability whatsoever for any errors, omissions or
misstatements contained herein. You should consult a suitably qualified
professional if you require specific advice or information. Read our briefing
‘Legal help: where to go and how to pay’ for further information about
sources of legal advice and help. This information is provided subject to the
conditions of the Open Parliament License.
Feedback
Every effort is made to ensure that the information contained in these publicly
available briefings is correct at the time of publication. Readers should be
aware however that briefings are not necessarily updated to reflect
subsequent changes.
If you have any comments on our briefings please email
papers@parliament.uk. Please note that authors are not always able to
engage in discussions with members of the public who express opinions
about the content of our research, although we will carefully consider and
correct any factual errors.
You can read our feedback and complaints policy and our editorial policy at
commonslibrary.parliament.uk. If you have general questions about the work
of the House of Commons email hcenquiries@parliament.uk.
2 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety Contents 1 Background 6 1.1 The law 6 1.2 Types of firearms 7 1.3 Firearms and crime 8 2 Licensing 10 2.1 Criteria for issuing a license 10 2.2 Medical checks 12 2.3 Application process 13 2.4 Monitoring 14 2.5 Why was new statutory guidance published in 2021? 14 3 Safety 17 3.1 Government firearms safety consultation 18 3 Commons Library Research Briefing, 26 October 2021
Firearms: licensing and safety Summary Firearms are heavily regulated in the UK. Those who wish to own guns must obtain a license from the police. The police conduct several checks to ensure the applicant has good reason to own a gun, is fit to own a gun and can safely own the gun. Firearms license holders are required to follow license conditions specified by the police. These including conditions relating to the safe keeping of their guns. Firearms law is complex. It can be difficult to find and understand. The Home Office maintains a collection of resources relating to firearms licensing. Amongst these resources is the Home Office guide to firearms licensing law (published April 2016) and the firearms security handbook (published January 2021). The guide is out of date but is designed to help people understand firearms regulation. The security handbook provides advice to gun owners on the safe keeping of their weapons. New statutory guidance for police forces in 2021 The Home Office published new statutory guidance for police forces on firearms licensing in October 2021. The guidance comes into force on 1 November 2020. The guidance was introduced after a 2015 inspection raised concerns that police force practice on licensing was inconsistent. The Inspectorate said the pre-existing guidance was too discretionary and recommended its status be “enhanced”. In response, the Government introduced legislation which gave it powers to publish statutory guidance to police forces. The legislation (section 133, Policing and Crime Act 2017) required it to consult with police leaders before issuing the guidance. A public consultation on draft statutory guidance began in Autumn 2019. Proposed arrangements for medical information about applicants to be shared between GPs and the police proved very controversial. Gun owners worried that GPs would either not engage in the process or charge high prices for their services. The medical community raised serious concerns about the lawfulness of sharing patient information with the police. In response, the Government began negotiations with all the interested parties about the proposed guidance. In August 2021, whilst the Government was still working on its response to the public consultation, a shotgun license holder used his licensed weapon to shoot and kill six people (including himself) in Plymouth. The incident raised concerns about the licensing system. The Government reassured people that the new statutory guidance would be published in the coming weeks. 4 Commons Library Research Briefing, 26 October 2021
Firearms: licensing and safety
Government consultation on firearm safety
The Government committed to running a public consultation on several
aspects of firearms safety during the passage of the Offensive Weapons Act
2019 (OWA). The Government opened its firearm safety consultation on 24
November 2020. It closed on 16 February 2021. The consultation webpage
says the Government is still “analysing responses”. On 18 October 2021 the
Government said it would “publish its response to the consultation in due
course”.
The consultation asked for views on:
• new secondary legislation required by the OWA concerning the safe
keeping of high-powered rifles. The Government is proposing to set
rules based on the level three security measures in the firearms security
handbook.
• amending air weapons regulations. The Government is proposing to
further prohibit children from possessing air weapons. The proposals
are discussed in the Library paper air weapons.
• amending the regulation of miniature rifle ranges. The Government is
proposing to introduce licenses for those who run rifle ranges/ shooting
galleries where only miniature rifles are used.
• creating a new offence related to the illegal manufacture of
ammunition. The Government is proposing to make it an offence to hold
the component parts of ammunition with intent to manufacture.
5 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
1 Background
The UK has some of the strictest gun laws in the world. 1 People who want to
own guns for legitimate reasons (for sport or as part of the rural economy)
must get a license from the police. The use of firearms in crime is taken very
seriously and firearms offences carry heavy penalties. 2
1.1 The law
The law governing firearms regulation in the UK is very complex. It includes 35
pieces of primary legislation and numerous pieces of secondary legislation.
The legislative framework has been criticised for being incoherent and
difficult to find. 3
The Law Commission (the independent body responsible for reviewing the
law) published a review of firearms law in 2015 and recommended it be
codified. It also recommended several key terms be defined by new
legislation. Part 6 of the Policing and Crime Act 2017 went some way to
implementing the Law Commission’s recommendations but stopped short of
codifying the law.
The Home Office maintains a collection of resources relating to firearms
licensing. Amongst these resources is the Home Office guide to firearms
licensing law. The guide is designed to educate the police, gun owners and
the public about firearms law but it is out of date (it was last published in
2016) and its legal status is unclear. The Law Commission warns that
“anecdotal evidence from stakeholders suggests that the extent to which
judges permit reliance on the guide in court is minimal”. 4 The Home Office
does maintains a list of legislative changes to the guide since it was published
which goes some way to helping readers.
Devolution
Firearms regulation is generally a reserved matter for the UK Parliament. This
means the UK Government is responsible for firearms regulation in all four UK
nations. However, the Scottish Parliament has devolved powers it has used to
1
Home Office, Guide to firearms law, April 2016, section 1.2
2
Sentencing Council, Firearms Offences Guideline: Consultation, October 2019, p3
3
Law Commission, Firearms Law – Reforms to Address Pressing Problems, December 2015, para 1.8;
HMIC, Targeting the risk: An inspection of the efficiency and effectiveness of firearms licensing in
police forces in England and Wales, September 2015, para 7.26 & 7.27
4
Law Commission, Firearms Law – Reforms to Address Pressing Problems, September 2015, para 4.6
6 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
legislate for the regulation of air weapons (see below). Outside of air
weapons, firearms regulation in England, Scotland and Wales is the same.
The rules in Northern Ireland, whilst still set by the UK Parliament, are
different and stricter. 5
1.2 Types of firearms
A firearm is any weapon that fires a bullet, shot or missile with a kinetic
energy of more than one joule. 6
There are four main categories of firearm:
• Firearms that require a license to own.
• Prohibited weapons.
• Air weapons.
• Antique firearms.
There are other related objects, like deactivated and imitation firearms, that
are also regulated. 7
Firearms that require a license to own
Any firearm that is not covered by one of the other three categories requires a
license to own. Possessing, purchasing or acquiring one of these firearms or
ammunition for a firearm without a license is an offence. 8 It is also an offence
to possess, purchase or acquire a shot gun or shot gun ammunition without a
license. 9 Possessing, purchasing or acquiring a firearm/ shotgun or
ammunition without a license is a serious offence punishable by up to five
years in prison (seven years if the firearm has been converted). 10
As at March 2021, there were around 156,000 firearm and 549,000 shot gun
licenses on issue in England and Wales. The number of firearms and shot guns
licenses on issue has been fairly stable over the past ten years. 11
5
Northern Ireland Office, Firearms and explosive controls in Northern Ireland, April 2013; The Firearms
(Northern Ireland) Order 2004
6
s1, Firearms Act 1968; CPS, Firearms: Legal guidance, July 2020
7
CPS, Firearms: Legal guidance, July 2020
8
s1, Firearms Act 1968
9
s2, Firearms Act 1968
10
Sentencing Council, Firearms – Possession without certificate, undated
11
Home Office, Statistics on firearm and shotgun certificates, England and Wales: April 2020 to March
2021, 15 July 2021
7 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
Prohibited weapons
Certain firearms cannot be owned without the permission of the Home
Secretary. 12 These firearms are therefore essentially prohibited to the public.
Prohibited weapons include pump-action rifles, rocket launchers and
disguised weapons. The complete list of prohibited weapons is set out in
section 5, Firearms Act 1968. These definitions can be complex.
Air weapons
Air weapons discharge a projectile by means of compressed air or carbon
dioxide. Some air weapons (those designed or adapted for use with a self-
contained gas cartridge or deemed “especially dangerous”) are prohibited. 13
Air weapons that are not prohibited are exempt from firearms licensing rules
in England and Wales and can therefore be owned without a license. In
Scotland there is separate regulation of air weapons and prospective owners
require a specific license. 14 Air weapons are not exempt from firearm
regulations in Northern Ireland and therefore individuals require a firearm
license to own them. 15
The Library has published a separate briefing paper on air weapons which
provides further information.
Antique firearms
An antique firearm is a firearm manufactured before 1 September 1939 or
included on a specified list. 16 Antique firearms are exempt from firearms
licensing rules as long as they are held as a “curiosity or ornament”. 17 This
means people can purchase, acquire and own them without a license.
1.3 Firearms and crime
The use of firearms in crime is relatively rare in England and Wales. There
were 6,622 offences involving a firearm (not including an air weapons) in the
year to 31 March 2021. 30 homicides were committed by shooting in the same
period (4% of all homicides). The Library has provided detailed analysis of
firearm crime statistics in England and Wales in a separate briefing.
12
s5, Firearms Act 1968
13
s1, Firearms Act 1968; CPS, Firearms: Legal guidance, July 2020
14
See: House of Commons Library, Air weapons, last updated 13 January 2021
15
Ibid
16
The Antique Firearms Regulations 2021; Home Office, Circular 001/2021: Antique Firearms Regulations
2021 and the Policing and Crime Act 2017 (Commencement No.11 and Transitional Provisions)
Regulations 2021, 11 March 2021
17
s58(2), Firearms Act 1968
8 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
The National Crime Agency (NCA) says there is a “high demand” for firearms
in the criminal market. It says firearms are used by criminals for debt
collection, in territorial feuds and as part of drugs supply. Handguns are the
most popular firearm with criminals. Criminals also use converted, modified
and reactivated guns. 18
18
NCA, National strategic assessment of serious and organised crime 2021, May 2021
9 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
2 Licensing
Firearms licensing is managed locally by police forces. The College of Policing
(the body responsible for professional standards in policing) has issued
Authorised Professional Practice 19 guidance on firearms licensing to help
police decision makers. From 1 November 2021, police forces will be required
to follow Home Office statutory guidance on firearms licensing when making
decisions.
2.1 Criteria for issuing a license
Police decision makers must satisfy themselves that three conditions have
been met to grant a firearms license:
1. The applicant can be entrusted with a firearm.
2. The applicant has good reason to own a firearm.
3. That it will not cause danger to public safety. 20
The new statutory guidance says the “main consideration” for decision
makers should always be public safety. 21
How are decisions made?
Decisions are made on a case-by-case basis via an individual risk
assessment. The police should ensure they collect all the relevant information
they need to conduct the risk assessment. 22 They should consider the
following factors when assessing the relevance of the information they
collect:
• the strength of the evidence connected with it.
• the length of time since it took place.
• whether it is part of a pattern of behaviour.
• the seriousness of the behaviour. 23
19
APP is official police guidance. Police personnel are expected to have regard to APP when on duty.
However, there may be circumstances in which it would be legitimate for them to deviate from it.
Further information about APP can be found in Library’s briefing police powers: an introduction.
20
s27(1), Firearms Act 1968
21
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para
22
Ibid, para 3.7
23
Ibid, para 3.11
10 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
Any information which indicates the applicant’s ownership of a firearm could
“result in harm to self or others or disturb good order in public” will indicate a
danger to public safety. This is not limited to concerns about violent
behaviour of the applicant. It could include concerns that the applicant is
reckless or that other “unsuitable” individuals may gain access to the
weapon. 24
Automatic refusal
The police must automatically refuse applications from the following people:
• Children (anyone under the age of 18). 25
• Most people who have been sentenced to prison. People who have
been sentenced to prison for less than three years are prohibited from
owning a firearm for five years after their release date. Those sentenced
for more than three years are prohibited for life. 26
• People who fail to provide the necessary medical information (see
section 2.2 below). The police can follow-up with applicants who fail to
provide medical information, but they are not obligated to.
The new statutory guidance also sets out the “most serious factors” which
should normally result in a person being refused a firearms license. They
include (but are not limited to) “affiliation or involvement in terrorism”,
evidence of domestic abuse and “affiliation with gang, or other involvement in
gang activities”. 27
Standard checks
Police forces should carry out four standard checks when considering a
firearms license application:
• Background checks: including checks against all relevant local and
national police databases.
• Home visit: During the visit, police personnel interview the applicant and
discuss security arrangements with them.
• Referees: Applicants must provide two suitable referees.
• Medical checks (see below).
24
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 3.6
25
s22(1), Firearms Act 1968. Note: Children aged 15 to 18 may possess a firearm in certain
circumstances. These are set out in appendix four of the Home Office guide to firearms licensing law.
26
s21, Firearms Act 1968
27
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 3.25
11 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
The police should carry out additional checks when necessary. These can
include credit or financial checks, social media checks, drug/ alcohol tests
and background checks on those living with the applicant. 28
2.2 Medical checks
Since 1 April 2016 firearms license applicants have been required to declare
relevant medical conditions to the police and give consent for their
information to be shared between GPs and the police. 29 These medical checks
have been controversial. Medical professionals have raised concerns about
the lawfulness of sharing patient information with the police. 30 Firearms
owners have raised concerns about the cost of obtaining a medical check. 31
The new statutory guidance includes a standardised way for information to be
shared between GPs and the police. Applicants are required to get their GP or
a General Medical Council (GMC)-registered doctor to confirm to the police
that they have or have not been diagnosed with a relevant medical condition.
A “medical proforma” is now attached to the standard application form.
Applicants can use this to ask their GP to provide the relevant medical
information to the police. 32 The police must refuse applications submitted
without the relevant medical information. 33
The police contact the GP of successful applicants to request a “firearms
marker” be placed on the applicant’s medical record. This reminds GPs to
contact the police if the firearms owner begins to suffer from a relevant
medical condition or if a relevant condition “significantly worsens”. 34 A
memorandum of understanding between the police, the Home Office and the
British Medical Association explains the roles and responsibilities of each
party in this process. The GMC has also published guidance on confidentiality
which helps GPs understand when to disclose information.
Relevant medical conditions
The new statutory guidance provides a non-exhaustive list of relevant medical
conditions. Relevant medical conditions include (but are not limited to):
28
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 2.44 and 2.45
29
r4, Firearms (Amendment) Rules 2016
30
BMA and RCGP, Joint response to home office consultation guidance to police firearms licensing,
September 2019
31
BASC, Home Office Consultation on Statutory Firearms Licensing, undated; Home Office, Statutory
guidance to police on firearms licensing: response from the Countryside Alliance, 15 August 2019
32
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 2.29
33
Ibid, para 2.31
34
Ibid, para 2.4
12 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
• Acute Stress Reaction or an acute reaction to the stress caused by a
trauma, including post-traumatic stress disorder.
• Suicidal thoughts or self-harm or harm to others.
• Depression or anxiety.
• Dementia.
• Mania, bipolar disorder or a psychotic illness.
• A personality disorder.
• A neurological condition: for example, multiple sclerosis, Parkinson’s or
Huntington’s diseases, or epilepsy.
• Alcohol or drug abuse.
• Any other mental or physical condition, or combination of conditions,
which may affect the safe possession of firearms or shotguns.
The existence of a relevant medical condition does not automatically
disqualify an applicant from a license. The police should consider the medical
information they obtain alongside all the other evidence about the
applicant. 35 The new statutory guidance does say the police should pay
“particular attention” to anyone who has been detained under mental health
legislation. 36
GP fees
GPs are entitled to charge the applicant a fee to provide information to the
police. This is because firearms licensing medical checks are not NHS-work
and therefore are not covered by the GP’s NHS contract. GPs set the level of
fee (if they choose to charge) and therefore this is not something controlled
by the police. 37
2.3 Application process
Firearm license applications must be made directly with the local police
force. All police forces provide up to date information on their websites. The
Home Office has also published some basic information about the process.
There are standard application forms associated with the different types of
licenses all forces must use. 38 This ensures the police collate certain
information including: details of the applicants referees, medical information
and information about the gun they are applying to own.
35
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 3.33
36
Ibid, paras 3.34-3.36
37
Ibid, para 2.33
38
r3(1), r5(1), r10(1), The Firearms Rules 1998
13 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
Fees
The firearms licensing system is run at cost. Applicants must pay a fee to their
local force when they apply. The fees are set by secondary legislation and are
dependent on the type of license the induvial (or business/ organisation) is
applying for. 39
Appeals
Individuals have the right to appeal a firearms licensing decision made by the
police. 40 In England and Wales appeals are heard in a Crown Court. In
Scotland appeals are heard by a Sheriff. Those considering appealing a
firearms licensing decision should consult appropriate legal advice.
2.4 Monitoring
Firearms owners must apply to renew their license every five years. 41 Police
forces should continually monitor license owners between grant and renew to
ensure they meet the criteria to own a firearm. 42 This can include ensuring
information is shared within the force where necessary and that ad-hoc
checks are carried out including, if necessary, unannounced visits to the
license holder’s home. 43
The police can revoke a license at any time if they deem a person no longer
meets the criteria to own a firearm. 44 The courts also have powers to cancel
licenses in certain circumstances. 45
2.5 Why was new statutory guidance published in
2021?
The new statutory guidance was published in response to the
recommendations of a 2015 inspection of police firearms licensing by Her
Majesty’s Inspectorate of Constabulary (now known as Her Majesty’s
Inspectorate of Constabulary and Fire & Rescue Services- HMICFRS). HMICFRS
criticised the available guidance to police forces. At the time, the police were
relying on the Home Office guide to firearms law and the College of Policing
APP to make decisions. HMICFRS said this guidance was too discretionary and
39
Home Office, Circular 006/2019: Firearms (Fees) Regulations 2019, September 2019
40
s44, Firearms Act 1968
41
Home Office, Statutory guidance for chief officers of police on firearms licensing from 1 November
2021, October 2021, para 6.1
42
Ibid, para 4.1
43
Ibid, para 4.7-4.9
44
s30A, Firearms Act 1968
45
s52(1), Firearms Act 1968
14 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
police forces were not applying it consistently. HMICFRS recommended the
Home Office “enhance the status of firearms guidance” and warned that
without reform there would be “inevitable consequences of further tragedy”. 46
These findings were echoed by the Law Commission in its review of firearms
law published a few months after the inspection report. 47
Legislation was passed to give the Government powers to publish statutory
guidance for police forces on their licensing responsibilities. Section 133,
Policing and Crime Act 2017 amended existing firearms legislation to provide
for the power. It required the Government consult police leaders before
issuing statutory guidance. The Government opened a public consultation on
draft statutory guidance in July 2019. The consultation closed in September
2019. The Government had originally expected to respond to this consultation
before the end of 2019. 48 However, its response was delayed.
The proposed new medical arrangements provoked “high level opposition”
from consultees. 49 Those representing gun owners were concerned that some
GPs would refuse to provide medical information or that they would charge
unreasonable amounts to do so. 50 The medical community raised concerns
about confidentiality issues. 51 In response, the Government “engaged in
further discussions with medical, shooting and police representatives” and
made several amendments to the draft statutory guidance. 52
In August 2021, a shotgun license holder in Plymouth used his licensed
weapon to shoot and kill five people, injure two others and kill himself. The
shooter, Jake Davidson, had been granted a shotgun license in 2018. In
September 2020, he admitted to an assault whilst being interviewed under
caution. The police invited him to take part in a deferred charging scheme. A
worker on the scheme raised concerns about Mr Davidson to the local
firearms licensing department. The police consequently seized his shotgun
and license in December 2020. Mr Davidson’s gun was returned to him in July
2021 after he completed the deferred charging scheme and the police had
completed a review of his shotgun license. 53 The police staff member who
granted Mr Davison’s original application and the police officer responsible
for investigating the assault are both being investigated by Independent
46
HMIC, Targeting the risk: An inspection of the efficiency and effectiveness of firearms licensing in
police forces in England and Wales, September 2015
47
para 7.16
48
Home Office, Statutory guidance to police on firearms licensing: Government consultation, July 2019,
p15
49
Home Office, Government response to consultation: statutory guidance for police on firearms
licensing, October 2021, para 30
50
Ibid, paras 10 and 11
51
BMA and RCGP, Joint response to home office consultation guidance to police firearms licensing.
September 2019
52
Home Office, Government response to consultation: statutory guidance for police on firearms
licensing, October 2021, para 30
53
IOPC, Update on investigation into Devon and Cornwall Police decision making over Jake Davison’s
possession of a shotgun and certificate, 20 August 2021
15 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
Office for Police Conduct (IOPC). The IOPC expects to conclude its
investigation by the end of 2021. 54
Home Secretary Priti Patel made a statement to the House of Commons
following the shooting on 18 August 2021. She said the Government would
bring new statutory guidance to police on firearms licensing into force in the
“coming weeks”. She said the Home Office would be keep the new guidance
under review “especially in light of this terrible incident”. 55 The Government
published its response to the 2019 consultation and the new statutory
guidance on 20 October 2021. It comes into force on 1 November 2021. 56
54
IOPC, Further update on investigation into Devon and Cornwall Police over Jake Davison’s possession
of a shotgun and certificate, 6 October 2021
55
HCWS250: Shootings in Plymouth, 18 August 2021
56
Home Office, UK’s strict gun laws strengthened with new medical arrangements, October 2021
16 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
3 Safety
There are several criminal offences designed to promote the safe use of
firearms. 57 For example, it is an offence to carry a firearm in a public place
without “lawful authority” or a “reasonable excuse”. 58 It is also an offence to
trespass with a firearm and to allow a drunk person to have a firearm. 59
The police can attach conditions to firearms licenses in the interest of safety.
It is an offence to fail to comply with a condition of a firearms license. 60 The
police can attach any condition necessary. They often attach conditions which
specify what the gun can be used for (for example, clay pigeon shooting or
shooting vermin on the owner’s land). 61
The police must attach two conditions relating to safety to every license they
issue. These are:
• the firearm must always (unless they are being cleaned, repaired, tested,
used, transferred or sold) be “stored securely so as to prevent, so far as
is reasonably practicable, access to the firearms or ammunition by an
unauthorised person.” 62
• when the firearm is being cleaned, repaired, tested, used, transferred or
sold “reasonable precautions must be taken for the safe custody of the
firearm or the ammunition.” 63
The Home Office has issued a firearms security handbook (last updated
January 2021) to help gun owners keep their weapons safe. The handbook
sets out three levels of security. Level one security measures are considered
“the normal standard of security applicable to the majority of cases”. Level
one includes keeping guns in secure gun cabinets, using well-constructed
entry/exit doors and suitable locks on all doors and windows. Level three is
used in cases with the greatest risk (for example license holders living in
areas with a high crime rate or high-profile license holders). It includes using
certified lock and alarm systems. 64
57
See for example, sections 16 to 25, Firearms Act 1968
58
s19, Firearms Act 1968
59
s20 & s25, Firearms Act 1968
60
s1(2), Firearms Act 1968
61
Home Office, Guide to firearms licensing law, annex three
62
r3(4)(iv), Firearms Rules 1998
63
Ibid
64
Home Office, Firearms security handbook 2020, January 2021
17 Commons Library Research Briefing, 26 October 2021Firearms: licensing and safety
3.1 Government firearms safety consultation
The Offensive Weapons Act 2019 (OWA) made two minor changes to firearms
regulation:
• It adds rapid-firing rifles to the list of prohibited weapons. 65
• It requires the Government to bring forward secondary legislation to
specify how license holders of high-powered rifles must safely store their
weapons. 66 The Government had initially wanted to also prohibit these
weapons but opposition from its own backbenchers forced a
concession. 67
The OWA requires the Government consult on the secondary legislation now
required for high-powered rifles. 68 During parliamentary scrutiny of the OWA,
the Government promised to include various other aspects of firearm safety in
this consultation. 69
The Government opened its firearm safety consultation on 24 November 2020.
It closed on 16 February 2021. The consultation webpage says the Government
is still “analysing responses”. On 18 October 2021 the Government said it
would “publish its response to the consultation in due course”. 70
The consultation asked for views on:
• the new secondary legislation concerning high powered rifles
required by the OWA. The Government is proposing to set rules based
on the level three security measures in the firearms security handbook.
• amending air weapons regulations. The Government is proposing to
further prohibit children from possessing air weapons. The proposals
are discussed in the Library paper air weapons.
• amending the regulation of miniature rifle ranges. The Government is
proposing to introduce licenses for those who run rifle ranges/ shooting
galleries where only miniature rifles are used.
• creating a new offence related to the illegal manufacture of
ammunition. The Government is proposing to make it an offence to hold
the component parts of ammunition with intent to manufacture.
65
s54, Offensive Weapons Act 2019
66
s61, Offensive Weapons Act 2019
67
See: House of Commons Library, Offensive Weapons Bill 2017-19 (HC Bill 232), March 2019
68
s61(2), Offensive Weapons Act 2019
69
See: House of Commons Library, Offensive Weapons Bill 2017-19 (HC Bill 232), March 2019
70
PQHL2874: Rifles, answered on 18 October 2021
18 Commons Library Research Briefing, 26 October 2021The House of Commons Library is a research and
information service based in the UK Parliament.
Our impartial analysis, statistical research and
resources help MPs and their staff scrutinise
legislation, develop policy, and support constituents.
Our published material is available to everyone
on commonslibrary.parliament.uk.
Get our latest research delivered straight to your inbox.
Subscribe at commonslibrary.parliament.uk/subscribe
or scan the code below:
commonslibrary.parliament.uk
@commonslibraryYou can also read
