Gun politics in the United Kingdom

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The United Kingdom has some of the strictest gun legislation in the world^{[citation needed]}. In similarity with gun politics in Australia, gun politics in the United Kingdom places its main considerations in how best to ensure public safety and how deaths involving firearms can most effectively be prevented, with little debate between pro-gun control and pro-shooting advocates. There is practically no organised "right to keep and bear arms" lobby in the United Kingdom.

1 Licensing and legislation
2 History of gun control in the United Kingdom
3 Comparison with other countries
4 Relevant acts of Parliament
5 See also
6 References
7 External links

[edit] Licensing and legislation

All firearms in the United Kingdom with the exception of low-powered airguns must be licensed on either a firearm certificate (FAC) or a shotgun certificate.

Shotguns are defined in UK law as smoothbore firearms with barrels not shorter than 24" and a bore not larger than 2", no revolving cylinder, and either no magazine, or a non-detachable magazine that is not capable of holding more than two cartridges^[1]. This effectively gives a maximum three round overall capacity. Shotguns thus defined are subject to a slightly less rigorous certification process.

A firearm certificate differs from a shotgun certificate in that justification must be provided to the police for each firearm; these firearms are individually listed on the certificate by type, calibre, and serial number. A shotgun certificate similarly lists type, calibre and serial number, but permits ownership of as many shotguns as can be safely accommodated. To gain permission for a new firearm, a "variation" must be sought, for which a fee is payable, unless the variation is made at the time of renewal, or unless it constitutes a one-for-one replacement of an existing firearm which is to be disposed of. The certificate also sets out, by calibre, the maximum quantities of ammunition which may be bought/possessed at any one time, and is used to record the purchasing of ammunition (except, optionally, where ammunition is both bought, and used immediately, on a range).

To obtain a firearm certificate, the police must be convinced that a person has "good reason" to own each gun, and that they can be trusted with it "without danger to the public safety or to the peace". Under Home Office guidelines, gun licences are only issued if a person has legitimate sporting or work-related reasons for owning a gun. Since 1946, self-defence has not been considered a valid reason to own a gun. The current licensing procedure involves: positive verification of identity, two referees of verifiably good character who have known the applicant for at least two years (and who may themselves be interviewed and/or investigated as part of the certification), approval of the application by the applicant's own family doctor, an inspection of the premises and cabinet where guns will be kept and a face-to-face interview by a Firearms Enquiry Officer (FEO) also known as a Firearms Liaison Officer (FLO). A thorough background check of the applicant is then made by Special Branch on behalf of the firearms licensing department. Only when all these stages have been satisfactorily completed, will a licence be issued.

Any person who has spent more than three years in prison is automatically banned for life from obtaining a gun licence.^[2]

Any person holding a gun licence must comply with strict conditions regarding such things as safe storage. These storage arrangements are checked by the police before a licence is first granted, and on every renewal of the licence. A local police force may impose additional conditions on ownership, over and above those set out by law. Failure to comply with any of these conditions can mean forfeiture of the gun licence and surrender of any firearms to the police.

The penalty for possession of a prohibited firearm without a certificate is currently a mandatory minimum five year prison sentence and an uncapped fine.^[3]

In addition, the proposed Violent Crime Reduction Bill, if passed, would increase restrictions on the use, ownership, sale and manufacture of both airguns and imitation firearms. [3]

[edit] History of gun control in the United Kingdom

As English subjects, Protestants had a conditional right to possess arms according to the Bill of Rights.^[4]

That the subjects which are Protestants may have Arms for their Defence suitable to their Conditions, and as allowed by Law.

The rights of English subjects, and, after 1707, British subjects, to possess arms was recognised under English Common Law. Sir William Blackstone's Commentaries on the Laws of England, were highly influential and were used as a reference and text book for English Common Law. In his Commentaries, Blackstone described the right to arms.^[5]

The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defense, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

Formerly, this same British common law applied to the UK and Australia, as well as until 1791 to the Colonies in North America that became the United States. The right to keep and bear arms had originated in England during the reign of Henry II with the 1181 Assize of Arms, and developed as part of Common Law. These rights no longer exist in the UK, since the UK's doctrine of Parliamentary supremacy allows the repeal of previous laws with no enshrined exceptions such as contained within a codified constitution.

Modern restrictions on gun ownership began in 1903, with the Pistols Act. This required a person to obtain a gun licence before they could buy a firearm with a barrel shorter than 9 inches. The "gun licence" had been introduced as a revenue measure in 1870; the law required a person to obtain a licence if he wanted to carry a gun outside his home, whether for hunting, self-defense, or other reasons, but not to buy one. The licences cost 10 shillings, which is about £31 in 2005 money, lasted one year, and could be bought over the counter at post-offices.

A registration system gun law - the Firearms Act - was first introduced to Great Britain in 1920, spurred on partly due to fears of a surge in crime that might have resulted from the large number of guns available following World War I and in part due to fears of working class unrest in this period. The law did not initially affect smoothbore weapons, which were available for purchase without any form of paperwork.

Fully automatic weapons were almost completely banned from private ownership by the 1937 Firearms Act, which took its inspiration from the US 1934 National Firearms Act ^{[citation needed]}. Such weapons are nowadays only available to certain special collectors, museums and prop companies. The 1937 Act also consolidated changes to the 1920 Act that controlled shotguns with barrels shorter than 20". This length was later raised by the 1965 Firearms act to 24".

The first control of long-barreled shotguns began in 1967 with the Criminal Justice Act. This required a person to obtain a "Shotgun Certificate" to own any shotgun. The Act did not require the registration of shotguns, only licensing.

Changes in public attitudes in the 1970s and 1980s changed the basis on which firearms were perceived and understood in British society. Increasingly graphic portrayals of firearms involved in gratuitous acts of violence in the mass media gave rise to concern of the emergence of an aggressive "gun culture". A steady rise in violent gun crime in general also became an issue of concern. This period saw a change of attitude within the government away from legislating to preclude a violent civil uprising to legislating to ensure public safety and prevent crime, with the most radical changes being introduced in the aftermath of a specific incident.

[edit] Hungerford massacre

Main article: Hungerford massacre

In 1987, 27 year old Michael Ryan, armed with a semi-automatic AK-47, a Beretta handgun and a fragmentation grenade, dressed up in combat fatigues and proceeded around the town of Hungerford killing or wounding almost everyone he met, in what became known as the Hungerford massacre.

In the aftermath, the Conservative government passed the Firearms (Amendment) Act 1988. This banned semiauto and pump-action centrefire rifles, military weapons firing explosive ammunition, and short shotguns that had magazines; and elevated pump-action and self-loading rifles into the Prohibited category. Registration and secure storage of weapons held on shotgun certificates became required, and shotguns with more than a 2+1 capacity came to need a Firearms certificate. The law also introducted new restrictions on shotguns, although rifles in .22 rimfire and semi-automatic pistols were unaffected.

[edit] Dunblane massacre

Main article: Dunblane massacre

Eight years after the Hungerford massacre, the Dunblane Massacre was the second time in less than a decade that unarmed civilians had been killed in Britain by a legally-licensed gun owner. On March 13, 1996 Thomas Hamilton, aged 43, a disgruntled former scout leader who had been ousted by The Scout Association five years previously, shot dead sixteen young children and their teacher, Gweneth Mayor, in Dunblane Primary School's gymnasium with his legally-licensed weapons and ammunition. He then shot himself. There is a memorial to the seventeen victims in the local cemetery and a cenotaph in the cathedral. The funds raised in the aftermath of the tragedy have been used to build a new community centre for the town.

Following the incident, the government passed the Firearms (Amendment) (No. 2) Act 1997 which means that as of 1997 handguns have been almost completely banned for private ownership, although the official inquiry, known as the Cullen Inquiry, did not go so far as to recommend such action.^[6] Exceptions to the ban include muzzle-loading "blackpowder" guns, pistols produced before 1917, pistols of historical interest (such as pistols used in notable crimes, rare prototypes, unusual serial numbers and so on), starting pistols, pistols that are of particular aesthetic interest (such as engraved or jewelled guns) and shot pistols for pest control. Even Britain's Olympic shooters fall under this ban; as a result of this law, the British pistol shooting team must train outside the country.^[7]

[edit] The 2012 Olympics

Following the awarding of the 2012 Olympic Games to London, the government announced that special dispensation would be granted to allow the various shooting events to go ahead, as had been the case previously for the 2002 Commonwealth Games.^[7]

[edit] Comparison with other countries

Despite its high crime rate^[8] Britain has a low murder rate per capita,^[9] accounting for 853 murders in the reporting period 2003/04 according to the Home Office's Crime Statistics. The UK's population is more than 60 million, which translates into fewer than 1.3 murders per 100,000 residents in the UK.^[10] By comparison, in 2000, police in the United States reported 5.5 murders for every 100,000 population.^[11] In addition, 70% of murders in the United States involve firearms compared to 6% in the United Kingdom.^[12] Both New York City and London have over 7 million residents, with New York reporting 6.9 murders per 100,000 people in 2004 to London's 2.4 per 100,000, also in 2004.^[13]