Page 1 of 1

The Policing and Crime Act 2017

Posted: Thu Feb 09, 2017 6:18 pm
by Crazy Feldgendarme
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

Re: The Policing and Crime Act 2017

Posted: Sat Feb 18, 2017 7:39 pm
by ReduitimLuft
What the new bill doesn't tell you, is that the general public no longer have access to Proof Houses. I think you can still sell your old deac to a registered Section 5 armourer/Deac Dealer, but what price you'll be offered, no idea.

Items will presumably be re-worked, if being sold on, and a premium added to any value, accordingly.

The Proof Houses are no longer able to inspect/scrutinize items, basically all you can do with a giant paper weight, is look at it, for up to 30 seconds, and issue a certificate.

Processes should speed up considerably, but it's money for old rope.

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 12:55 pm
by Crazy Feldgendarme
good point, it seems people with a collection of deacts hoping to sell them on for a retiement fund are stuffed because i cant see them being worth much now even if the section 5s are prepared to buy them which i doubt and registered deact dealers aint going to pay much in my view

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 2:28 pm
by ReduitimLuft
The only current consolation, is that pretty soon, half the euro-bots responsible for the fiasco, working at Home Oblast/Ministry of Gleichschaltung, will be redundant, surplus to future requirements.Good riddance.


Beyond that, once they've gone, there may be some legal challenge: Published on the Parliamentary website, is the 'overarching ' ''Impact Assessment''. On every page, cost to business: NQ (Not Quantified),

Signed by a research trainee, who obviously, didn't have the brains to ring the DWA, who could have given some basic figures, on the likely cost. Making a phone call, is hardly complex research/rocket science.

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 2:54 pm
by Crazy Feldgendarme
the home office civil service do not make the rules or law MINISTERS and government do civil servants just have to apply it

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 5:23 pm
by ReduitimLuft
As soon as the E.U. proposal appeared in 2016, Home Oblast ran with it, implying legislation was already being drawn up, and zivil zervants had it well in hand. I doubt if May, the then Home Secretary had much idea of what was going on. The retrospective nature of this Act, and the wording ''defectively deactivated'', was dreamt up by Home Oblast. Don't forget, both Proof Houses said in October 2016, they would be unable to issue new certificates, because they wouldn't be able to scrutinize or examine a lot of the new spec deacs. A fortnight of bullying by Home oblast, and they ''changed'' their minds. Civil Servants had been meeting for several years, accross Europe, to 'harmonize' legislation, so they would have known more about this than any politician.

The 'Committee' stage of the Policing and Crime Bill, was the work of politicians, voting it through, with little scrutiny of what was actually going on. Any attempted ammendments were ignored. I doubt this can be sorted out, before there's been a good clearout at Home Oblast, precisely because it's their work.

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 5:39 pm
by ReduitimLuft
A future compromise might be found, if '95 spec onwards, could be re-submitted to Proof, properly examined and given new certifcates, without extra work, if the proof houses were confident that they could not be re activated easily.
Most 94 deactivated bolt action rifles already complied with 95 spec, slotted barrells, welded rods etc. it's the standard of deactivation, rather than the date of submission on the old certificate that matters.

This would afford Proof Houses the opportunity to collate what's still in circulation, and examine it properly. If would also head off the pension-fund crisis, with valueless or unsaleable nest eggs, and redress a lot of ill-feeling about the whole exercise.

Re: The Policing and Crime Act 2017

Posted: Sun Feb 19, 2017 6:09 pm
by Crazy Feldgendarme
i will say this again and for the last time civil servants in this country only do what they are told by government and ministers if you believe otherwise then you are living in cloud cuckoo land. Of course civil servants in the EU may have more freedom and power i dont know