The Policing and Crime Act 2017
Posted: Thu Feb 09, 2017 6:18 pm
The Policing and Crime Act 2017 became law on 31st January this year i quote the guidence on deacts Deactivated firearms please dont shoot the piano player im only giving the information now available.
154
Section 38(7) of the Violent Crime Reduction Act 2006 defines a deactivated firearm, for the
purposes of that section only, as "an imitation firearm that consists in something which was a
firearm, but has been rendered incapable of discharging a shot, bullet, or other missile as no
longer to be a firearm".
155
Section 8 of the Firearms (Amendment) Act 1988
("the 1988 Act") provides that a firearm is
presumed to have been rendered incapable of
discharging any shot, bullet or other missile, and
to be no longer a firearm if it bears a mark made by either of the Proof Houses and which has
been approved by the Secretary of State for th
e purpose of denoting that it has been so
rendered, and one of the two Proof Houses
26
has certified in writing that the work done to
deactivate the firearm has been to a standard approved by the Secretary of State.
156
In 1989 the Home Office produced a series
of deactivation standards. These specify the
physical changes that must be made to a firearm in order for it to be considered deactivated
within the terms of section 8. These standards
were revised in 1995 and in 2010. The more
recent standards are more rigorous than those adopted in 1989. The new standards do not
invalidate the operation of section 8 of the 1988 Act in respect of firearms deactivated to
previous standards.
157
There is evidence to suggest that poorly deacti
vated firearms are being "reactivated" and used
in crime. According to NABIS, the proportion
of criminal shootings that involve reactivated
firearms rose over the three years from 1 Marc
h 2012 to 31 March 2015, currently accounting
for 5% of such shootings (Law Commission
Firearms Symposium, 8 September 2015).
158
The potential risk posed by ineffectively deactiva
ted firearms has also been recognised by the
European Commission. In a consultation do
cument published in 2013, the European
Commission stated:
"Law enforcement authorities in the EU are concerned that firearm which have been
26 The two Proof Houses (in London and Birmingham) provide a te
sting and certification service for firearms, provided for
in the Gun Barrel Proof Acts 1868,
1950 and 1978 and various Rules of Proof.
These Explanatory Notes relate to the Policing and Crime
Act 2017 (c. 3) which received Royal Assent on 31
January 2017
34
deactivated are being illegally reactivated and sold for criminal purposes, [and that] items such
as alarm guns, air weapons and blank-firers are being converted into illegal lethal firearms.
27
"
159
Commission Implementing Regulation 2015/2403 of 15 December 2015
28
establishes common
minimum standards for deactivati
on of firearms. The Regulation came into force on 8 April
2016.
160
This Regulation is given effect by the creation
of a new criminal offence (section 128) which
will prohibit the transfer of ownership of fire
arms that purport to be deactivated but do not
comply with the deactivation standards specif
ied in the technical specifications document
published by the Secretary of State.
so apparently this new law means that the transfer of deacts not compient with the EEC regulation is now illegal and persons doing so are open to prosecution
154
Section 38(7) of the Violent Crime Reduction Act 2006 defines a deactivated firearm, for the
purposes of that section only, as "an imitation firearm that consists in something which was a
firearm, but has been rendered incapable of discharging a shot, bullet, or other missile as no
longer to be a firearm".
155
Section 8 of the Firearms (Amendment) Act 1988
("the 1988 Act") provides that a firearm is
presumed to have been rendered incapable of
discharging any shot, bullet or other missile, and
to be no longer a firearm if it bears a mark made by either of the Proof Houses and which has
been approved by the Secretary of State for th
e purpose of denoting that it has been so
rendered, and one of the two Proof Houses
26
has certified in writing that the work done to
deactivate the firearm has been to a standard approved by the Secretary of State.
156
In 1989 the Home Office produced a series
of deactivation standards. These specify the
physical changes that must be made to a firearm in order for it to be considered deactivated
within the terms of section 8. These standards
were revised in 1995 and in 2010. The more
recent standards are more rigorous than those adopted in 1989. The new standards do not
invalidate the operation of section 8 of the 1988 Act in respect of firearms deactivated to
previous standards.
157
There is evidence to suggest that poorly deacti
vated firearms are being "reactivated" and used
in crime. According to NABIS, the proportion
of criminal shootings that involve reactivated
firearms rose over the three years from 1 Marc
h 2012 to 31 March 2015, currently accounting
for 5% of such shootings (Law Commission
Firearms Symposium, 8 September 2015).
158
The potential risk posed by ineffectively deactiva
ted firearms has also been recognised by the
European Commission. In a consultation do
cument published in 2013, the European
Commission stated:
"Law enforcement authorities in the EU are concerned that firearm which have been
26 The two Proof Houses (in London and Birmingham) provide a te
sting and certification service for firearms, provided for
in the Gun Barrel Proof Acts 1868,
1950 and 1978 and various Rules of Proof.
These Explanatory Notes relate to the Policing and Crime
Act 2017 (c. 3) which received Royal Assent on 31
January 2017
34
deactivated are being illegally reactivated and sold for criminal purposes, [and that] items such
as alarm guns, air weapons and blank-firers are being converted into illegal lethal firearms.
27
"
159
Commission Implementing Regulation 2015/2403 of 15 December 2015
28
establishes common
minimum standards for deactivati
on of firearms. The Regulation came into force on 8 April
2016.
160
This Regulation is given effect by the creation
of a new criminal offence (section 128) which
will prohibit the transfer of ownership of fire
arms that purport to be deactivated but do not
comply with the deactivation standards specif
ied in the technical specifications document
published by the Secretary of State.
so apparently this new law means that the transfer of deacts not compient with the EEC regulation is now illegal and persons doing so are open to prosecution