Posted on 02/16/2018 11:51:56 AM PST by nickcarraway
Firearms control in the UK is among the toughest in the world - but what is the law?
A teenager in America has been charged with 17 counts of premeditated murder after 17 people were shot dead at a school in Florida on Valentine's Day.
Nikolas Cruz is in custody after the mass shooting. He allegedly used an AR-15 rifle (a semi-automatic rifle) in the attack, which he had bought legally.
Witnesses also said the gunman was deploying smoke grenades and wearing a gas mask. His social media accounts have been described as "very, very disturbing" and showed Cruz posing with guns and knives.
It was the 18th shooting at a school in the United States in 2018, despite the year being only 45 days old. According to the Gun Violence Archive , 1,827 people have been killed by guns in the USA this year so far. More than 3,000 have been injured.
But, despite fierce debate and multiple deaths, politicians in the US remain extremely resistant to changing the country's gun laws, laws which meant 19-year-old Cruz could easily, and legally, buy a semi-automatic weapon.
Questioned on it recently by Piers Morgan, Donald Trump said he was "a second amendment guy". The second amendment to the United States Constitution protects the right of the people to keep and bear arms. It was adopted on December 15, 1791.
There have been 290 school shootings in the US since 2013, according to Everytown for Gun Safety (Image: Everytown for Gun Safety)
Unlike the USA - where there have been 30 mass shootings so far in 2018, according to the Gun Violence Archive - the UK has one of the lowest rates of gun homicides in the world. The ownership and use of firearms is governed by some of the strictest laws in the world.
That's not to say there are no guns out there. According to the Home Office , more than 700,000 firearm owners live in England and Wales and more than one million firearms and shotguns are covered by certificates.
Under sections 1 and 2 of the 1968 Firearms Act, it is an offence for a person to have in their possession or to purchase or acquire a firearm or ammunition without holding the appropriate certificate.
The penalties for breaking the laws that govern the use of firearms are severe and, if broken, would bring you entirely under the jurisdiction of the Firearms Laws.
What is a firearm?
According to the Home Office , a firearm means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged.
What are the basic principles of firearms law in the UK? Firearms control in the UK is among the toughest in the world, and as a result firearms offences continue to make up a small proportion (less than 0.2%) of recorded crime, according to the Office of National Statistics.
UK firearms policy is based on the fact that firearms are dangerous weapons and the state has a duty to protect the public from their misuse. According to the Home Office Guide on Firearms Licensing Law: "Gun ownership is a privilege, not a right." That's a stark contrast to the opening stance in America.
With a few specialised exceptions, all firearms in the United Kingdom must be licensed on either a firearm certificate (FAC) or a shotgun certificate (SGC) issued by the police for the area in which they normally reside.
What kind of firearm may be licensed in the UK? Some firearms, shotguns and rifles may be licensed and are held on a firearm or shotgun certificate.
For firearms other than a shotgun, applicants must give police a "good reason" for wanting to own one. Hunting or being a member of a shooting club, for example, might be seen as good reasons. Self-defence won't be considered a valid reason.
Semi-automatic firearms - guns that will keep firing one round every time you pull the trigger - are legal as long as the size of the cartridge they are designed to fire are no bigger than .22 inches in diameter.
Any person wishing to possess, purchase or acquire any firearm or ammunition must hold a valid firearm or shotgun certificate, with some exemptions.
Low powered air weapons are not licensed in England and Wales unless they are of a type declared especially dangerous by the Firearms (Dangerous Air Weapons) Rules 1969 but there are restrictions on their sale.
An air weapon is specially dangerous if it is capable of discharging a missile with kinetic energy in excess of a certain level.
Prohibited firearms
The following are generally prohibited:
Fully automatic or burst-fire weapons, which may include some air guns
Semi-automatic or pump-action rifles that fire centre-fire ammunition (e.g. Colt AR-15, L1A1)
Cartridge ammunition handguns, regardless of calibre
Firearms disguised as another item (eg walking sticks, mobile telephones, etc)
Rockets and mortars
Air guns chambered for self-contained gas cartridges
Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing. This would generally include stun guns, or electric shock devices, CS gas. Cattle prods would not generally be included, but it would depend on the type.
Can anyone apply for a firearm certificate?
Permission to possess, purchase or acquire a firearm will be granted to an individual who is assessed by the licensing authority, the police, as not posing a threat to public safety and having good reason to own the firearm.
Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms.
Persons who are sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms) at any time.
Suspended sentences
From 14 July 2014, if a person receives a suspended sentence of three months or more then they will not be able to purchase or possess a firearm or ammunition for a period of five years from the second day after sentence.
This timescale has been set so that a person who is in possession of a firearm or ammunition is not in immediate breach of the law when the sentence is passed and has an opportunity to make arrangements to transfer or dispose of their firearm or ammunition.
However, a person who received a suspended sentence before 14 July and already has a firearm certificate would be able to retain their firearm and ammunition for the duration of their certificate.
Age restrictions for firearm and shotgun certificates
Broadly you must be aged fourteen or over to have a firearm certificate, though there are several exceptions and restrictions. No one under 18 can buy or hire any firearm or ammunition. But they can possess them.
There are also a number of other people and parties who, in some circumstances, are exempt from the requirement to hold a certificate.
According to Chapter 6 of the Home Office guidelines, these include some dealers, ranges, persons in the service of the Crown and police, visiting forces, cadet corps, museums, auctioneers, licenced slaughterers, controlling races, theatrical, film and television productions.
Who authorises firearm and shotgun certificates? The police are the licensing authority for firearm and shotgun certificates as well as for firearms dealers.
The authority rests with local police forces rather than a central licensing authority because of the local information that police will use to inform their judgement.
Prohibited weapons such as handguns are authorised by the Home Office on behalf of the Secretary of State.
How do the police decide if a person is fit to own a firearm? To decide whether a person is fit to own a firearm, the licensing authority will conduct a number of checks which will usually include interviews, visits to the persons property, criminal records checks and references from friends.
South Wales Police
There is a current waiting period of 16 weeks for a licence with South Wales Police and the process includes in-depth vetting and risk assessments, which often makes it a very time consuming process.
While applying for a licence, applicants must :
Enter all personal details, including name, address, GP details and a medical declaration
Declare all convictions
Not withhold any information
Provide photographic identification
References
What does a firearm certificate cost?
From 6 April 2015, the fees for the different types of firearms certificates will be as outlined below.
Generally, certificates for firearms and shotguns are valid for five years. Those for registered firearms dealers are valid for three years.
Grant of a firearm certificate: £88
Renewal of a firearm certificate: £62
Variation of a firearm certificate: £20
Replacement of a firearm certificate lost or destroyed: £4
Grant of a shot gun certificate: £79.50
Initial registration of a firearms dealer: £200
Visitors firearm & shot gun permit: £20
Gun laws in America
The Second Amendment of the US Constitution states: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
The US is home to less than five percent of the worlds population, but it has between 35-50% of the worlds civilian-owned guns.
Federal law sets the minimum standards for firearm regulation in the United States, but individual states have their own laws.
Of course, the second amendment was written at a time that guns, and society, were extremely different. A typical revolutionary era musket would have been able to fire three rounds a minute.
However, a typical AR-15 rifle, which seems to be the weapon of choice for shooters these days, can fire up to 45 rounds per minute and can fire 11 times further with accuracy.
A newly-assembled AR-15 rifle (Image: AP Photo/Charles Krupa) The guns may have changed, but the foundation of gun laws in America has not.
Most states have either prohibited or strongly regulated laws surrounding open carry - the carrying around of guns in public - but most have weakened their laws in recent years.
In Florida it is generally prohibited to openly carry firearms in public, but you can legally open carry a loaded firearm while engaged in, or going to and from, fishing, hunting and camping.
With some planning and preparation, a law abiding person can openly carry a firearm in public and stay in compliance with the law, according to the website open-carry.org .
As of July 1, 2008, Florida became a take your gun to work state.
This law prohibits most businesses from firing any employee for keeping a legal firearm locked in his or her vehicle in the company parking area.
The purpose of the new law is to allow citizens to exercise their second amendment rights during their commutes to and from work.
People are brought out of Marjory Stoneman Douglas High School after a shooting that left at least 17 people dead (Image: Joe Raedle/Getty Images) New York and South Carolina prohibit openly carrying handguns, but not long guns, while Massachusetts, Minnesota, and New Jersey prohibit openly carrying long guns, but not handguns.
Thirty-one states allow the open carrying of a handgun without any license or permit, although in some cases the gun must be unloaded.
Fifteen states require some form of license or permit in order to openly carry a handgun.
Trump is a supporter the second amendment and has never suggested changing gun laws in the US.
He has gone along with the National Rifle Associations belief that the only way to combat a bad guy with a gun is to put more weapons in the hands of good guys.
Florida is considered accommodating to guns, by national standards. There are 56 laws relating to owning, transporting, and using guns.
I sometimes point out facts like that on Facebook and I’ve received a few interesting responses. Books by David Kopel and Joyce Lee Malcolm go into great detail concerning that country and it’s firearms laws and culture of ownership and you can easily destroy a Piers Morgan or anyone else like that in a debate situation.
Doesn’t matter. They just blatantly make stuff up now.
Didn’t we tell you guy’s to go pound sand up your ass like 200 years ago
Of course overall violent crime in the UK is off the charts. They just do it with knives, machetes, bats etc. The average person is totally defenseless against home invasion etc.
Thanks for the data.
I got it from somebody else. Just passing it along.
“Doesnt matter. They just blatantly make stuff up now.”
Now? They’ve been doing it since Nixon that I know of; almost certainly longer.
It would be easier if they had access to weapons. After the English conquered them, they restricted weapon ownership. The Welsh, like the Scots, Irish and even the English were subjects and not considered “citizens” until recently.
I can guarantee you there are more guns than that in New Mexico with a population of less than 2 million.
You are right, of course. But, now, they don’t even try to hide the fact that they are lying.
While that may have been true, that doesn't mean that large quantities of handguns were actually bought. The number of legally-owned handguns which had to be surrendered after the 1997 Act was only in the low tens of thousands. There was never widespread handgun ownership in Britain - the majority of guns owned were always, and continue to be, shotguns and various classes of sporting rifle. These have never been banned. You may be surprised to know that total legal gun ownership in the UK is now higher than it was before the 1997 handgun ban, mainly because of the growing popularity of countryside shooting sports.
Homicide rates [any weapon] per 100000 population:
United Kingdom 0.92
United States 4.88
I am aware of that, with handgun ownership in Britain basically involving target shooters and collectors and heirlooms and that large quantities were not being bought. However, I do like tripping up people on Facebook and elsewhere with that little fact.
I have a copy of news article written during the pistol ban (Snowdrop Campaign) buyback and the writer interviewed local police officers who said that it wasn’t so much that the ban was too strict but that it was basically incoherent. They were far, far more likely to see clubs or knives or sawed off rifles or shotguns in the commission of a violent offence as opposed to an Olympic target shooting pistol or expensive and rare collector’s item.
That's because Britain doesn't have a 1st Amendment.And they don't have a 2nd Amendment either.
One more time Winnie. The rates of violent crime in the UK are the charts. Its well documented. Everyone assaulted, raped, robbed beaten doesn’t die.
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