This item was published during the term of a previous administration that ended in April 2007
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Crackdown on airguns
08/04/2004
Airgun owners were today warned that they have until the
end of the month to comply with tough new rules governing
the possession, sale and manufacturing of air weapons with
a self-contained gas cartridge (SCGC).
Justice Minister Cathy Jamieson today called on anyone
who owns a SCGC airgun to ensure they have applied for a
firearms certificate by April 30 - or they could face
between five and 10 years in prison.
The move is part of a crackdown by the UK Government,
Executive and police on the misuse of air weapons as part
of the Anti-Social Behaviour Act 2003.
Ms Jamieson said:
"Airguns are not harmless weapons - particularly SCGCs
which can be converted by criminals to fire live
ammunition. In 2002, there were 118 reported cases of
damage to property involving airguns, 143 reported injuries
and one death.
"They are also playing a part in general anti-social
behaviour and being used to intimidate members of the
public - young and old - adding to the fear of crime in our
communities. This misuse of these weapons is a concern to
the Executive and police forces throughout the country, and
must be dealt with if we are to improve public safety and
create a safer, stronger Scotland.
"New provisions in the Anti-Social Behaviour Act 2003
have already strengthened our existing legislation on
firearms control by making it an offence to possess an
airgun in a public place without reasonable excuse and
raising the minimum age for airgun ownership.
"Further provisions will come into force at the end of
this month and make it an offence to possess gas cartridge
system airguns - unless the owner has been granted or
applied for a firearms certificate.
"Those with a legitimate reason to hold such a weapon -
people involved in particular sports - will be able to keep
their SCGC airgun, provided the police are satisfied that
they are a fit person. However, anyone who fails to apply
for a firearms certificate and keeps a SCGC airgun
illegally, could face a minimum of five years and a maximum
of 10 years in prison.
"The message is clear - get a licence or hand your
weapon over to the police before it is too late."
David Mellor, spokesman for the Association of Chief
Police Officers in Scotland, and Deputy Chief Constable of
Fife Constabulary said:
"From the start of May any air rifle, air gun or air
pistol using self-contained gas cartridges becomes a
prohibited weapon. Existing owners will not be prevented
from keeping them - although they must apply for a firearms
certificate before the end of April.
"The new laws already prevent owners from selling or
transferring them to registered firearms dealers and they
cannot be given away. The only legal method of disposal is
to surrender them to the police.
"There is evidence from many parts of the country that
the criminal fraternity are converting them into firearms.
In appearance they are indistinguishable from the real
thing. But it is also important to alert those law-abiding
citizens to these major changes in legislation to make sure
they do not fall foul of the law."
The Firearms provisions in the Anti-Social Behaviour Act
2003, which came into effect on January 20, brought in
tough new laws to protect the public from the misuse of
airguns and imitation weapons. These included:
- Raising the minimum age for owning air weapons from
14 to 17
- Creating a new offence of possessing an air weapon,
or imitation weapon, in a public place without
reasonable excuse
- Banning the future import, manufacture, sale or
transfer of air weapons that use the self-contained gas
cartridge system (SCGS) and licensing those already
held.
Existing SCGS airgun owners must apply for a firearms
certificate or hand their over to the police by April 30.
Owners cannot sell them or give them away. Anyone found in
possession of a SCGS gun without a certificate could face
the new five-year mandatory minimum sentence for illegal
possession of prohibited firearms introduced under the
Criminal Justice Act 2003.
No offence will have been committed where someone has
applied for a firearm certificate before the deadline but
their application remains outstanding or is the subject of
an outstanding appeal.
Anyone who wishes to retain their weapon but has still
not applied for a certificate should contact their local
police firearm licensing department as soon as possible.
The police will need to be satisfied that the applicant is
fit to be entrusted with the weapon, will not represent a
danger to public safety or to the peace, and is not a
banned from holding such a weapon.