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16 October 2009
Controls in place, insists Home Office
 

The gun pictured with box.

 
The Home Office has insisted there are “a range of controls” in place to tackle the problem of BB guns.
A spokesperson said, “The Government is concerned about the misuse of imitation firearms, including airsoft guns (commonly called BB guns). There is now a range of controls in place to tackle misuse.

“Under the provisions of the Violent Crime Reduction Act, which came into effect October 2007, it is an offence to sell any kind of imitation firearm to a person under 18 or for somebody under 18 to purchase one.

“The Act also bans the manufacture, import or sale of realistic imitation firearms, although there are some exemptions e.g. for film making, theatrical performances, historical re-enactment.

“It is an offence to threaten someone with an imitation (Firearms Amendment Act 1994), punishable with a maximum of 10 years imprisonment.

“It is also an offence to carry an imitation firearm in public without reasonable excuse (Anti-Social Behaviour Act 2003).”

Section 57 of the 1968 Firearms Act describes an imitation firearm as anything that has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet or other missile.

One of Tayside’s top policemen said the force would “fully support” any law change that would reduce the risk posed by BB guns.

Deputy Chief Constable Bill Harkins said although incidents in the region were “infrequent” they could have tragic results.

“The use of air guns, BB guns and replica firearms could end in tragedy if people continue to ignore police warnings,” he said.

“People who carry and use air guns, BB guns and replicas are putting their own and others’ lives at risk.

“Whilst the number of incidents is infrequent, I am concerned at recent events in the Tayside area involving these weapons. As far as Tayside Police is concerned, one incident is one too many.”

He added, “Justice Minister Kenny MacAskill has acknowledged airguns are not toys, but weapons that can kill and maim.

“He said the Scottish Government was very clear action must be taken to stop any further tragedies in Scotland.

“He said that there would be no letup in the Scottish Government’s drive to reform the law on airguns.

“Tayside Police fully supports any changes to the law that will help us to make communities safer and to effectively deal with those who flout the law.”

Mr Harkins said he was “disappointed” people continue to carry BB guns and replica guns despite repeated warnings.

“If young people are out in public with an imitation firearm or air rifle or BB gun they could spark an armed response,” he said.

“We carefully assess the intelligence with every call to judge the threat level and will always take into account the ages of those involved.

“We have already made it clear that air and/or BB guns and replica firearms are not toys, but potentially deadly weapons.

“It is almost impossible to tell the difference if one of these is pointed at other members of the public or one of our officers.

“Legislation states that anyone in a public place who has possession of an air weapon, whether loaded or not, or an imitation firearm, may be guilty of an offence.”

According to Scotland’s Justice Minister, Kenny MacAskill, the current SNP administration has been trying to get BB guns off the streets since it came to power in 2007.

The latest incident in Dundee has given fresh impetus to this drive.

“This is exactly the kind of shocking incident that reminds us that air weapons are all too common in some communities in Scotland,” Mr MacAskill said.

“BB guns and other air weapons can injure and kill. They can also scare people and cause unnecessary fear.

“That’s why we’re determined to ensure action is taken to tackle the spread and misuse of these weapons on our streets.”

In Mr MacAskill’s view, his government’s efforts have been hindered by the fact firearms legislation is set centrally by Westminster and previous attempts to outlaw the guns have failed.

The truly tragic potential of the weapons at the centre of the wrangle was horrifyingly demonstrated in March 2005, when two-year-old toddler Andrew Morton died after being hit by an airgun fired in Glasgow’s Easterhouse area. His mother, father and older sister subsequently campaigned to have the weapons banned from general sale.

In March this year the Scottish Government launched a campaign warning of the dangers of using the weapons, while remaining extremely critical of what they described as the Home Office’s “refusal” to deal with the issue.