Conor O'Gorman
Well-Known Member
With ref to all the comments about the proposals to tackle the unlawful manufacture of ammunition here is an extract from a BASC blog by Bill Harriman about the consultation when it was running:
Over the years, my forensic casework has confirmed that criminals have difficulty in obtaining reliable ammunition. Contact with other forensic examiners confirms this. This shows that the current controls on ammunition are working, as criminals are forced into attempting to produce their own.
Consequently, the free possession of ammunition components – cases, primers, bullets and powders – are a potential weak spot in an otherwise robust system. There have been light-touch controls on primers and powders for several years; but in order to make the criminals’ lives harder, the government proposes to create the offence of possessing ammunition components with the intent of manufacturing unauthorised quantities of complete cartridges.
On the face of it, I see no problems with this. ‘Intent’ is a subjective state of mind related to an individual’s situation. The means of proving it is already well established in law. This proposal seems to strike the right balance between people who have ammunition components legitimately (reloaders, collectors etc) and criminals who have them with malicious intent.
I can live with this proposal, as I have always thought that focusing on ammunition supply was the key to defeating the criminal use of firearms. After all, a gun without ammo is much like a car with no petrol.
Looking back through my notes, when we first got wind of this consultation in the summer two of the reported proposals were a complete ban on reloading and the imposition of a limit on the number of shotgun cartridges that could be possessed. As neither of these proposals have made it to this consultation, I can only conclude that BASC’s detailed briefing papers contributed to knocking them out. That is another result.
basc.org.uk
Here is a relevant extract from BASC's consultation response:
The consultation seeks views on the creation of a new offence of possessing component parts of ammunition with intent to assemble unauthorised complete cartridges. BASC would expect to see the government’s evidence of those instances where the existence of any such offence would have resulted in successful prosecutions. Further and better particulars are required before BASC gives its carte-blanche support to this proposal.
That notwithstanding, BASC is content to offer its in principle support to the creation of an offence of possessing all of the components of ammunition (case, bullet, propellant & primer) with intent to assemble unauthorised complete cartridges. This is subject to its being satisfied that the creation of any such offence will not disadvantage certificate holders in any way. It is important to stress that all four components must be possessed, and intent proven before any prosecution is mounted. Many people possess some component parts of ammunition for perfectly lawful purposes, (see below).
As intent is based on a highly subjective, individual state of mind, it follows that each case has to be taken on its merits. The CPS tests before mounting any prosecution will have to be met. In law, intent is strictly interpreted and regulated by Section 8 of the Criminal Justice Act, 1967 (Quoted below, for ease of reference).
“Section 8: Proof of criminal intent.
A court or jury, in determining whether a person has committed an offence, —
(a)shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but
(b)shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.”.
The following people are likely to have some components of ammunition. NB This list is not exhaustive.
• Militaria collectors with drill rounds or deactivated ammunition. (BASC understands this is a very important area for the deactivated firearms and militaria trades).
• Re-enactors and living history groups.
• Metal detectorists and archaeologists.
• Providers of firearms safety training who have a selection of dummy cartridges.
• People with nick-knacks made from ammunition components – key rings, pens, bottle openers etc.
• People with dummy rounds as fashion accessories, e.g., a waistbelt made from the ammunition belt of a machine gun.
• Antique gun collectors with inert rounds to show functionality of actions.
• Western quick-draw competition participants and Line Dancers.
• Owners of ammunition advertising material such as bullet boards and salesman’s cartridge displays.
• People with fireworks and model rocketeers – the powder in them is de-facto a component of ammunition.
• Film & theatre use.
• People who use blank cartridges for a wide variety of purposes, e.g., dog training, film & theatre etc.
• Cartridge reloaders.
BASC’s “in principle” support for this measure is also conditional on this list being incorporated into the Home Office document “Guide on Firearms Licensing Law”.
At a meeting of the Practitioners Group (Home Office, Law Enforcement/Firearms Licensing and Shooting Interests) on 27th November 2020, a senior civil servant from the Home Office Firearms Section (Mr Graham Widdecombe) stated unequivocally “This is not a control mechanism”. BASC is prepared to accept that remark at face value, providing proper safeguards are built into any new offence. To that end, BASC suggests that the modified wording of Section 5 (2A) of the Firearms Act 1968 might be imported into any new offence with some advantage.
BASC extends its conditional, in-principle support for the proposal to create the new offence of possessing all of the components of ammunition with intent to assemble unauthorised complete cartridges. It reiterates that two tests would have to be met before any prosecution could be mounted.
• Possession of all four ammunition components: and then,
• Intent to assemble unauthorised complete cartridges from such components proven.
Great care needs to be exercised with the drafting of any such offence so that it does not trench on those people (especially home loaders of ammunition) who might reasonably be expected to have ammunition components for legitimate purposes. Any such new offence should be used to strike at criminal manufacturers and suppliers and not to harass certificate holders.
BASC holds itself ready to assist with the drafting of the new offence and its supporting Guidance.
basc.org.uk
Over the years, my forensic casework has confirmed that criminals have difficulty in obtaining reliable ammunition. Contact with other forensic examiners confirms this. This shows that the current controls on ammunition are working, as criminals are forced into attempting to produce their own.
Consequently, the free possession of ammunition components – cases, primers, bullets and powders – are a potential weak spot in an otherwise robust system. There have been light-touch controls on primers and powders for several years; but in order to make the criminals’ lives harder, the government proposes to create the offence of possessing ammunition components with the intent of manufacturing unauthorised quantities of complete cartridges.
On the face of it, I see no problems with this. ‘Intent’ is a subjective state of mind related to an individual’s situation. The means of proving it is already well established in law. This proposal seems to strike the right balance between people who have ammunition components legitimately (reloaders, collectors etc) and criminals who have them with malicious intent.
I can live with this proposal, as I have always thought that focusing on ammunition supply was the key to defeating the criminal use of firearms. After all, a gun without ammo is much like a car with no petrol.
Looking back through my notes, when we first got wind of this consultation in the summer two of the reported proposals were a complete ban on reloading and the imposition of a limit on the number of shotgun cartridges that could be possessed. As neither of these proposals have made it to this consultation, I can only conclude that BASC’s detailed briefing papers contributed to knocking them out. That is another result.
Home Office firearms consultation explained - BASC
Bill Harriman outlines BASC’s key arguments and work for the latest Home Office consultation on firearms.
basc.org.uk
Here is a relevant extract from BASC's consultation response:
The consultation seeks views on the creation of a new offence of possessing component parts of ammunition with intent to assemble unauthorised complete cartridges. BASC would expect to see the government’s evidence of those instances where the existence of any such offence would have resulted in successful prosecutions. Further and better particulars are required before BASC gives its carte-blanche support to this proposal.
That notwithstanding, BASC is content to offer its in principle support to the creation of an offence of possessing all of the components of ammunition (case, bullet, propellant & primer) with intent to assemble unauthorised complete cartridges. This is subject to its being satisfied that the creation of any such offence will not disadvantage certificate holders in any way. It is important to stress that all four components must be possessed, and intent proven before any prosecution is mounted. Many people possess some component parts of ammunition for perfectly lawful purposes, (see below).
As intent is based on a highly subjective, individual state of mind, it follows that each case has to be taken on its merits. The CPS tests before mounting any prosecution will have to be met. In law, intent is strictly interpreted and regulated by Section 8 of the Criminal Justice Act, 1967 (Quoted below, for ease of reference).
“Section 8: Proof of criminal intent.
A court or jury, in determining whether a person has committed an offence, —
(a)shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but
(b)shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.”.
The following people are likely to have some components of ammunition. NB This list is not exhaustive.
• Militaria collectors with drill rounds or deactivated ammunition. (BASC understands this is a very important area for the deactivated firearms and militaria trades).
• Re-enactors and living history groups.
• Metal detectorists and archaeologists.
• Providers of firearms safety training who have a selection of dummy cartridges.
• People with nick-knacks made from ammunition components – key rings, pens, bottle openers etc.
• People with dummy rounds as fashion accessories, e.g., a waistbelt made from the ammunition belt of a machine gun.
• Antique gun collectors with inert rounds to show functionality of actions.
• Western quick-draw competition participants and Line Dancers.
• Owners of ammunition advertising material such as bullet boards and salesman’s cartridge displays.
• People with fireworks and model rocketeers – the powder in them is de-facto a component of ammunition.
• Film & theatre use.
• People who use blank cartridges for a wide variety of purposes, e.g., dog training, film & theatre etc.
• Cartridge reloaders.
BASC’s “in principle” support for this measure is also conditional on this list being incorporated into the Home Office document “Guide on Firearms Licensing Law”.
At a meeting of the Practitioners Group (Home Office, Law Enforcement/Firearms Licensing and Shooting Interests) on 27th November 2020, a senior civil servant from the Home Office Firearms Section (Mr Graham Widdecombe) stated unequivocally “This is not a control mechanism”. BASC is prepared to accept that remark at face value, providing proper safeguards are built into any new offence. To that end, BASC suggests that the modified wording of Section 5 (2A) of the Firearms Act 1968 might be imported into any new offence with some advantage.
BASC extends its conditional, in-principle support for the proposal to create the new offence of possessing all of the components of ammunition with intent to assemble unauthorised complete cartridges. It reiterates that two tests would have to be met before any prosecution could be mounted.
• Possession of all four ammunition components: and then,
• Intent to assemble unauthorised complete cartridges from such components proven.
Great care needs to be exercised with the drafting of any such offence so that it does not trench on those people (especially home loaders of ammunition) who might reasonably be expected to have ammunition components for legitimate purposes. Any such new offence should be used to strike at criminal manufacturers and suppliers and not to harass certificate holders.
BASC holds itself ready to assist with the drafting of the new offence and its supporting Guidance.
BASC publishes detailed response to Home Office firearms proposals
Government consultation deals with areas of interest including miniature rifle ranges, large calibre rifles, airguns and ammunition.
basc.org.uk
