Airguns in Scotland

[David BASC]

BASC Briefing: The Scotland Bill – Clause 11, Airguns

 

BASC is calling on the government to drop clause 11 which devolves power over low powered (below 12 ft lbs muzzle energy for rifles and 6 ft lbs for air pistols) airgun legislation to the Scottish Parliament. Given that low powered airguns are 10 times less powerful than a .22 miniature rifle similar to those used at fairground shooting galleries, the proposal is disproportionate, has no benefit, and is a knee-jerk response to tabloid pressure.

 

1. Firearms Law

 

All firearms law for Great Britain is reserved to Westminster. In their evidence to the Calman Commission the Home Office stated “The present unified regime represents the best way of tackling the problems which currently exist in relation to armed crime and the irresponsible misuse of firearms.” And “Unnecessary complexity can only militate against the effective enforcement of the wide range of present controls.” Devolving power over airguns to Scotland damages the logic of the law, could impede enforcement and compromise public safety.

 

2. Tabloid Pressure

 

The government sensibly refused to react in a knee-jerk fashion following the recent murders in West Cumbria. The call for devolution of airgun legislation has been made following the drug associated murder of a child in Scotland, subsequent tabloid outrage and a campaign by the Scottish Nationalists. No evidence or case has been made except the view of the Calman Commission that “there is appetite to deal with air weapons differently in Scotland than south of the border.”

 

3. Are airguns a unique problem in Scotland?

 

There are estimated to be some 500,000 airguns in Scotland compared to 4 to 7 million in the UK as a whole. The average number of Scottish airgun offences per annum since 1996 is 565, and they have been falling since 2006/7. In 2009/10 426 offences were reported. Knife crime is far more prevalent in Scotland and represents a greater threat to public safety.

 

4. Is there a particular legal problem in dealing with airguns in Scotland?

 

No, there are numerous pieces of legislation available to the police across Great Britain to deal with the misuse of airguns. In addition three further pieces of airgun legislation have been recently passed by Westminster, namely the Anti-Social Behaviour Act 2003, the Violent Crime Reduction Act 2006 and the Crime and Security Act 2010 which has yet to be implemented. The Scottish police can also use the offence of “reckless discharge” which is not available south of the border. As a result airgun crime is reducing across Great Britain.

 

5. What might happen if power over airgun legislation is devolved to Scotland?

 

Statements made by Scottish politicians have run the gamut from banning, through

licensing to severely restricting ownership. Such measures would be disproportionate

and could seriously impact on the £240 million that shooting contributes to the Scottish economy.

 

6. What the government should do.

 

The clause is opposed by all the shooting associations in the UK. The government should remove the clause from the Scotland Bill. The focus should be on enforcement of existing laws – which has been shown to be effective - and the education of owners in the dangers of misusing airguns - pilot projects are already underway in Scotland.

 

Notes.

• 52% of all Scottish airgun crime is in the Strathclyde Police Area, and so may be an urban problem rather than a country-wide problem.

• Scottish Airgun crime has been decreasing since 2006/7, and is nowhere near its peak in 1985 of 1,363.

 

Its up to the shooting community to act now -please lobby your MP - remember the decision is being made in Westminster.

 

David

[webber]

Done it.

 

Its easy to contact your MP by email.

 

 

webber