Post by garyforce hey guys !
its taken me a while to track this down ..... but ive found the bill thats going to be causing us some grief !
you can find it at
http://www.publications.parliament.uk/pa/cm200506/cmbills/010/06010.i-v.html but here are the highlights that will afect us in the sunny UK !
All the best lads !
Gary
Imitation firearms
30 Manufacture, import and sale of realistic imitation firearms
(1) A person is guilty of an offence if—
(a) he manufactures a realistic imitation firearm;
(b) he modifies a firearm or an imitation firearm so that it becomes a
realistic imitation firearm;
(c) he sells a realistic imitation firearm; or
(d) he brings a realistic imitation firearm into Great Britain or causes one to
be brought into Great Britain.
(2) The Secretary of State may by regulations—
(a) provide for exceptions and exemptions from the offence under
subsection (1); and
(b) provide for it to be a defence in proceedings for such an offence to show
the matters specified or described in the regulations.
(3) Regulations under subsection (2) may—
(a) frame any exception, exemption or defence by reference to an approval
or consent given in accordance with the regulations;
(b) provide for approvals and consents to be given in relation to particular
cases or in relation to such descriptions of case as may be specified or
described in the regulations; and
(c) confer the function of giving approvals or consents on such persons
specified or described in the regulations as the Secretary of State thinks
fit.
(4) The power of the Secretary of State to make regulations under subsection (2)
shall be exercisable by statutory instrument subject to annulment in pursuance
of a resolution of either House of Parliament.
(5) That power includes power—
(a) to make different provision for different cases;
(b) to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c) to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
(6) An offence under this section shall be punishable, on summary conviction—
(a) in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b) in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
(7) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(
In this section “realistic imitation firearm” means an imitation firearm whose
appearance is so realistic as to make it indistinguishable, for all practical
purposes, from—
(a) a firearm of an existing make or model; or
(b) a firearm falling within a description that applies to an existing
category of firearms which, even though they include firearms of
different makes or models or both, all have the same or a similar
appearance.
(9) For the purposes of subsection (
an imitation firearm is not to be regarded as
distinguishable from a firearm for any practical purpose if it could be so
distinguished only—
(a) by an expert;
(b) on a close examination; or
(c) as a result of an attempt to load or to fire it.
31 Specification for imitation firearms
(1) The Secretary of State may by regulations make provision requiring imitation
firearms to conform to specifications which are—
(a) set out in the regulations; or
(b) approved by such persons and in such manner as may be so set out.
(2) A person is guilty of an offence if—
(a) he manufactures an imitation firearm which does not conform to the
specifications required of it by regulations under this section;
(b) he modifies an imitation firearm so that it ceases to conform to the
specifications so required of it;
(c) he modifies a firearm to create an imitation firearm that does not
conform to the specifications so required of it; or
(d) he brings an imitation firearm which does not conform to the
specifications so required of it into Great Britain or causes such an
imitation firearm to be brought into Great Britain.
(3) An offence under this section shall be punishable, on summary conviction—
(a) in England and Wales, with imprisonment for a term not exceeding 51
weeks or with a fine not exceeding level 5 on the standard scale, or with
both; and
(b) in Scotland, with imprisonment for a term not exceeding 6 months or
with a fine not exceeding level 5 on the standard scale, or with both.
(4) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this
section to 51 weeks is to be read as a reference to 6 months.
(5) Regulations under this section may provide that, in proceedings for an offence
under this section, it is to be presumed, unless the contrary is proved, that an
imitation firearm conforms to the required specification if it, or the description
of imitation firearms to which it belongs, has been certified as so conforming
by a person who is—
(a) specified in the regulations; or
(b) determined for the purpose in accordance with provisions contained in
the regulations.
(6) The power of the Secretary of State to make regulations under this section shall
be exercisable by statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament.
(7) That power includes power—
(a) to make different provision for different cases;
(b) to make provision subject to such exemptions and exceptions as the
Secretary of State thinks fit; and
(c) to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
32 Supplying imitation firearms to minors
(1) After section 24 of the 1968 Act insert—
“24A Supplying imitation firearms to minors
(1) It is an offence for a person under the age of eighteen to purchase an
imitation firearm.
(2) It is a offence to sell an imitation firearm to a person under the age of
eighteen.
(3) In proceedings for an offence under subsection (2) it is a defence to
show that the person charged with the offence—
(a) believed the other person to be aged eighteen or over; and
(b) had reasonable ground for that belief.
(4) For the purposes of this section a person shall be taken to have shown
the matters specified in subsection (3) if—
(a) sufficient evidence of those matters is adduced to raise an issue
with respect to them; and
(b) the contrary is not proved beyond a reasonable doubt.”
(2) In the table in Part 1 of Schedule 6 (punishment), after the entry for section
24
33 Increase of maximum sentence for possessing an imitation firearm
(1) In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act
(mode of trial and punishment of possession of firearm or imitation firearm in
a public place)—
(a) in paragraph (b) of column 3 (offence to be triable either way except in
the case of an imitation firearm or air weapon), omit the words “in the
case of an imitation firearm or”; and
(b) in column 4, for “7 years or a fine; or both” substitute—
“(i) if the weapon is an imitation firearm,
12 months or a fine, or both;
(ii) in any other case, 7 years or a fine, or
both.”
(2) An offence in England and Wales under section 19 of the 1968 Act in respect of
an imitation firearm which is triable either way by virtue of this section is to be
treated—
(a) as an offence to which section 282(3) of the Criminal Justice Act 2003
(c. 44) (increase of maximum sentence on conviction of an either way
offence) applies; and
(b) as not being an offence to which section 281(5) of that Act (increase of
maximum sentence on conviction of a summary only offence) applies.
(3) This section—
(a) applies only to offences committed after the commencement of this
section; and
(b) so far as it relates to subsection (3) of section 282 of the Criminal Justice
Act 2003 or subsection (5) of section 281 of that Act, does not have effect
in relation to offences committed before the commencement of that
subsection.
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- Gary