October 2004
Camilla Drejer
Green Party press office, 020 7561 0282, press@greenparty.org.uk
"Homicide rates tend to be related to
firearm ownership levels. Everything else being equal, a reduction in the
percentage of households owning firearms should occasion a drop in the homicide
rate.”
Evidence to the Cullen Inquiry 1996: Thomas Gabor, Professor of
Criminology - University of Ottawa
The Firearms Acts define a “firearm” as a “lethal barrelled weapon”
capable of discharging any shot, bullet or other missile. The possession of
firearms, their parts, and ammunition in England, Scotland and Wales is
regulated by the Firearms Acts 1968-97 (Northern Ireland has its own firearms
laws). Use of a firearm in the UK
requires the possession of a firearms certificate. Children as young 17 can
apply for a certificate from a local police force.
Firearms are categorised and subject to controls reflecting an
assessment of a gun’s “dangerousness” based on a variety of factors, including
rate of fire, ease of concealment, speed of reload and ease and accuracy of
aim.
Prohibited weapons are the most dangerous
types of weapons and subject to the most rigorous controls. The Secretary of
State’s authority is required to possess them and right of possession is only
granted people with a “legitimate need”. Such prohibited weapons include
handguns, machine guns, most self-loading rifles, short-barrelled “assault shot
guns”, gas and pepper sprays and stun guns.
Guns held on firearms certificates issued by the
police where the police are satisfied that individuals are fit to possess the
guns without being a danger to the public, have a “good reason” for possessing
each gun, and are not subject to a statutory prohibition. This category
includes most hunting and target-shooting rifles, high-powered air rifles,
long-barrelled pump-action and self-loading shot guns with large magazines, and
muzzle-loading pistols.
Gun
crime tends to be concentrated in a small number of urban areas. Nearly
two-thirds of firearms offences (excluding air weapons) occur in just three
metropolitan police force areas: London, Greater Manchester and West Midlands.
The
overall level of gun crime in the UK is relatively low – less than half of 1
percent of all crime recorded by the police. Overall,
firearms (including air weapons) were used in 0.41% of all recorded crimes. The
proportion excluding air weapons was 0.17% [1].
In spite
of this relatively low proportion of firearms-related crime, we have
experienced a steady, and unacceptable, increase in gun crime over recent
years. Indeed, on the first day of the Green Party’s autumn conference in 2004,
BBC Radio 5 news reported expectations that the Home Office would announce a 3%
increase in gun crime.
Home Office figures
showed that firearm offences in England and Wales have risen from 13,874 in
1998-99 to 24,070 in 2002-3. Provisional data on the latest trends in gun crime
show that the total number of firearm offences in 2002/03 (excluding offences
involving air weapons) increased by 3%. This compares with a 35% increase in
2001-2.
Firearms, other than air weapons, were reported to
have been used in 10,248 recorded crimes in 2002-3. This was a 2% increase over
the previous year, following a much larger increase of 34% in the previous year
[2].
There were 68 homicides involving firearms in 2003-4, 12 fewer (15%)
than the previous year. Eight% of all homicides in 2003-4 involved firearms
[3].
Firearms were used in 24,070 recorded crimes in
England and Wales in 2002-3, an increase of 7% compared with 2001-2. Just over
half (57%) of these offences involved air weapons, with 76% of air weapon
offences being crimes of criminal damage, that is crimes against property only
[4].
Commenting on
rising gun crime in the UK, Assistant Inspector of Constabulary Tim Hollis was
adamant that "There is statistical evidence that firearms incidents are
increasing, and we should not be complacent".
The most reliable data indicate that from country to
country the rate of gun violence correlates with the level of gun ownership. In 2000 UK Home Office
statistics calculated the firearms homicide rate per 100,000 population at 0.12.. The US Bureau of Justice, by contrast,
reported a rate of 3.6 firearms homicides per 100,000 population in the US [5].
As
of January 2004, UK firearms legislation has been tightened. The Criminal Justice Act, for example, introduced a new mandatory minimum
sentence of five years for people convicted of possessing an illegal firearm. In addition, a
2004 ban on self-contained cartridge weapons applies to any air rifle, air gun
or air pistol that uses, or is designed or adapted for use with, a self-contained
gas cartridge system. However, it does not apply to weapons that use a CO2 bulb
system because CO2 bulbs do not contain a projectile and are therefore not
self-contained.
Replica guns and government proposals
The last few years have seen an increase in the criminal use of
imitation and replica guns in crime. Research strongly indicates that the gun
manufacturers are behind the growing replica market. Many of these guns are
exact replicas made under licences issued by major gun manufacturers.
An imitation firearm
is defined as anything which has the appearance of being a firearm whether or
not it is capable of discharging a shot, bullet or other missile.
Imitations are freely available without licence and have proved
attractive to those who may not have the resources, or may not want to possess
real guns. Such replicas are as frightening to confront as real guns, and their
criminal and irresponsible use presents particular problems for the police.
The number of recorded
crimes involving imitation weapons has tripled from 566 in 1998-9 to 1,815 in
2002-3 [6]. Nonetheless, the
government has ruled out a wholesale ban on imitation firearms, claiming it is
too difficult to find a legal definition for replicas.
The Anti-Social Behaviour Act 2003 made it illegal to possess an imitation firearm in
public and the Act recognises that
“for a number of years there has been a steady rise in the misuse of air
weapons and imitation firearms” [7]. Nonetheless, the escalation of replica
gun-related crime demonstrates that short of a total ban on the manufacture,
sale and possession of replica weapons the problem cannot be adequately
addressed.
A
recent Home Office Consultation
Paper, published in May this year clearly states the Government’s position on
replica guns a follows: "It has proved difficult to find a workable legal
definition of an imitation firearm and we do not believe that the level of
effort required by agencies to administer additional restrictions is offset by
public safety gains." [8].
Commenting on
this Home Office minister Caroline Flint said: "I can't envisage a
wholesale ban on imitation and replica firearms".
A detective from Operation Trident, Scotland Yard's special taskforce
which tackles gun crime within the black community said: "These
guns can be bought perfectly legally but they can be converted using tools you
can buy at a DIY shop. We have been trying for years to get them banned."
A Scotland Yard spokesperson added to this that 70% of firearms offences
investigated by Operation Trident involved replica guns which had been
converted to fire live ammunition.
Existing
GP policy on Crime prevention stipulates that:
“CJ500
(ii) There will be a complete ban on the holding of
firearms (including air rifles/pistols) on domestic premises except in cases
where the firearms have been permanently disabled. Firearms for sporting use
will be required to be confined to licensed gun club premises or licensed
retailers. Firearms for agricultural use will be required to be stored at local
police stations or other officially-sanctioned secure sites. There will be a
requirement for firearms and ammunition to be stored separately under secure
conditions and for all such sites to be subject to regular checks. No other
private use of firearms will be permitted.”
References:
[1] National Statistics, January 2004, p.25, via: http://www.homeoffice.gov.uk/rds/pdfs2/hosb0104.pdf
[2] National Statistics, January 2004, p.25, via: http://www.homeoffice.gov.uk/rds/pdfs2/hosb0104.pdf
[3] Home Office, “Home
Office Statistical Bulletin”, July 2004, p. 79, via: http://www.homeoffice.gov.uk/rds/pdfs04/hosb1004.pdf
[4] National Statistics, January 2004, p. 26, via: http://www.homeoffice.gov.uk/rds/pdfs2/hosb0104.pdf
[5] Home Office, “Controls on Firearms”, May 2004, p. 26, via: http://www.homeoffice.gov.uk/docs3/controls_on_firearms.pdf
[6] National Statistics, January 2004, p. 25, via: http://www.homeoffice.gov.uk/rds/pdfs2/hosb0104.pdf
[7] Anti-Social
Behaviour Act 2003, via: http://www.homeoffice.gov.uk/docs2/hoc0104.html
[8]
Home Office, May 2004, “Controls on Firearms a Consultation Paper”, p. 11, via:
http://www.homeoffice.gov.uk/docs3/controls_on_firearms.pdf
Resources:
Home Office, January 2003, “Crime in England and Wales
2001/2002: Supplementary Volume”, via; http://www.homeoffice.gov.uk/rds/pdfs2/hosb103.pdf.
Home Office, January 2004, Crime
Reduction & Community Safety Group Public Order And Crime Issues Unit, “Anti-social Behaviour Act 2003:
Firearms”, via; http://www.homeoffice.gov.uk/docs2/hoc0104.html.
National Statistics, January 2004, “Crime in England and Wales
2002/2003: Supplementary Volume 1: Homicide and Gun Crime”, via; http://www.homeoffice.gov.uk/rds/pdfs2/hosb0104.pdf.
HMIC Thematic Inspection into The Criminal Use of
Firearms, “Guns,
Community and Police”, via; http://www.homeoffice.gov.uk/hmic/gcpmain.pdf.
Home
Office, “Home Office Statistical Bulleting: Crime in England and Wales 2003/4”,
January 2004, via; http://www.homeoffice.gov.uk/rds/pdfs04/hosb1004.pdf.
Home
Office, May 2004, “Controls on Firearms – A Consultation Paper”, via: http://www.homeoffice.gov.uk/docs3/controls_on_firearms.pdf.
ENDS