Last Wednesday, the 10th of February 2016, British Home Secretary Theresa May, introduced to the Parliament a new Policing and Crime Bill. Bill Policing and Crime 2015-16 (or Bill 134 2015-16) has already gone through the First Reading in the House of Commons, though there is no date set for Second Reading yet.
The Bill is 220 pages long and in terms of firearms it proposes that ownership of "tools" that could convert imitation firearms (e.g. deactivated firearms) into real firearms will be a criminal offence:
4A Possession of articles for use in connection with conversion
(1) A person, other than a registered firearms dealer, commits an offence if—
(a) the person has in his or her possession or under his or her control an article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm, and
(b) the person intends to use the article (whether by itself or with other articles) to convert an imitation firearm into a firearm.
According to UK Shooting News, this provision does not define what these tools are:
Including “with other articles” is particularly dangerous. You don’t even need to own (say) a complete chamber reamer, just the tool for making one. Better get rid of your Dremel tout suite.”
Penalties for owning such “tools”, when convicted will be a jail term. Many sports shooters also own imitation firearms or deactivated firearms and in the case of search by overzealous police, this lack of definition of tools would subject such owners to harassment. You may never know what "tools" in your toolbox or garden shed can be used to prosecute you. It can even be that handy sanding paper.
Airsoft gun owners should be concerned about this provision too since there are airsoft guns, especially gas blowback rifles that operate and have similar looking parts to real steel guns though. If you remember in 2010, the U.S. ATF asserted that AR gas blowbacks can be converted into real steel guns by changing some parts so they can fire real bullets. Whilst proven to be untrue, certain airsoft manufacturers had to coordinate with the ATF to get an “ATF approval” for these to be sold as airsoft guns in the U.S. Airsoft gunsmithing tools can be misconstrued as tools for converting imitation firearms into real firearms, whether airsoft gas blowbacks or deactivated firearms.
There are other provisions in the bill concerning firearms which the UK Shooting News covered and it’s best to check their story to learn more about the effects of the proposed Bill to firearms enthusiasts in the UK.
If you remember in the report of the UKAPU regarding the recommendations by the Law Commission last December of the “creation of an exempting provision in the Act exempting airsoft guns", here is what Matt Furey-King, UKAPU Chairman says about the proposed bill and that there are still concerns that can still affect airsoft guns:
Although the law commission firearms law report was released only two months ago, the Policing and Crime Bill 2015-16 has had its first reading in the UK parliament.
In simple terms, this bill will (amongst many other things) specify the muzzle energy threshold which defines an airsoft gun from an air rifle. In a way it sets legal power limits for airsoft (1.3J, or 375fps with a .20g BB, for fully automatics. 2.5J, or 520fps with a .20g BB, for semi and single action). Previously this was a grey area in UK law. Local legislation will still apply in Scotland and Northern Ireland.
From Parliament.uk
“This Government Bill was presented to Parliament on Wednesday 10 February 2016. This is known as the first reading and there was no debate on the Bill at this stage.
The date for this Bill's second reading debate has yet to be announced.
If the bill passes second reading and is committed to a public bill committee the membership of the committee will be published in Votes and Proceedings and posted on this page under 'Commons Public Bill Committee'. The soonest this can be is the Thursday following second reading of the bill, but it may be later.”
Whilst we welcome legislation which clears up the legal position of airsoft, we are sceptical of some of the wording of the bill. No airsoft replica is ‘only’ capable of discharging plastic projectiles. All of them can fire steel and glass BBs. This fact could arguably make the airsoft exception worthless as no airsoft replica could meet the requirements.
Contrary to the law commission report (based on our feedback), they have also ruled 8mm airsoft out of the exception.
We are still seeking clarification of the position of variable power devices such as HPA driven replicas, which can well exceed the specified 1.3J threshold if desired.
UK Airsoft Players Union intends to, at a minimum, submit evidence during the committee stage of the process. Please keep an eye on our Facebook page for updates https://www.facebook.com/UKAPU/.
Matt Furey-King, Chairman
Relevant sections of the bill:
Firearms Act 1968: meaning of “firearm” etc.
(1)The Firearms Act 1968 is amended as follows.
(2)In section 57 (interpretation), in subsection (1), for the words from the beginning to the end of paragraph (c) substitute—
"(1)In this Act, the expression “firearm” means—
(a)a lethal barrelled weapon (see subsection (1B));
(b)a prohibited weapon;
(c)a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1C));
(d)an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon;”.
(3)In that section, before subsection (2) insert—
“(1B)In subsection (1)(a), “lethal barrelled weapon” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
(1C)Subsection (1) is subject to section 57A (exception for airsoft guns).”
(4)In that section, after subsection (1C) (as inserted by subsection (3) above)
insert—
“(1D)For the purposes of subsection (1)(c), each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon—
(a)a barrel, chamber or cylinder,
(b)a frame, body or receiver,
(c)a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber, but only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.”
(5)After section 57 insert—
“57AException for airsoft guns
(1)An “airsoft gun” is not to be regarded as a firearm for the purposes of this Act.
(2)An “airsoft gun” is a barrelled weapon of any description from which only a small plastic missile, with kinetic energy at the muzzle of the weapon that doesn't exceed the permitted level, can be discharged.
(3)“Small plastic missile” means a missile that—
(a)is made wholly or partly from plastics, and
(b)does not exceed 6 millimetres in diameter.
(4)The permitted kinetic energy level is—
(a)in the case of a weapon which is designed or adapted so that two or more missiles can be discharged successively without repeated pressure on the trigger, 1.3 joules;
(b)in any other case, 2.5 joules.”
Whilst exempting airsoft guns in the Bill will mean the law will be clear cut on the limits on FPS for full auto and single shot firing airsoft guns and can be taken as a positive thing, there are still provisions in the Bill that may need to be looked at closely even if they do not mention airsoft. These may just affect airsoft and render the exemptions for airsoft useless. It is time again to for UK airsoft community and industry to comb the documents to find what provisions in the different pages of the document that can endanger airsoft as a hobby or come in conflict to the exceptions provided; and engage the government to come up with provisions that will not put airsoft as a hobby, sport, and business in jeopardy.
