The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011

Statutory Instruments

2011 No. 1754

Arms And Ammunition

The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011

Made

18th July 2011

Laid before Parliament

20th July 2011

Coming into force

11th August 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 39(1)(a) and (9) of the Violent Crime Reduction Act 2006(1):

Citation and commencement

1.  These Regulations may be cited as the Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011, and shall come into force on 11th August 2011.

Interpretation

2.  In these Regulations—

“the 2006 Act” means the Violent Crime Reduction Act 2006;

“blank-firing imitation firearm” means an imitation firearm capable of firing a blank cartridge;

“inclusion” means part of an imitation firearm incorporated into the firearm during manufacture for the purpose of preventing an imitation firearm being modified for use as a firearm;

“revolver” means a firearm that has a cylinder (containing multiple chambers) that revolves to align each chamber in turn with the firing mechanism and the barrel.

Specifications for imitation firearms

3.—(1) Blank-firing imitation firearms, other than those described in paragraph (2), shall conform to the specifications set out in regulation 4.

(2) The blank-firing imitation firearms described in this paragraph are—

(a) imitation revolvers; and

(b) imitation firearms where the blank cartridges are loaded vertically at 90 degrees to the dummy barrel and which fire, and vent the gases produced on discharge, in the same direction.

4.  The specifications referred to in regulation 3(1) are that—

(a) an imitation firearm must incorporate an inclusion;

(b) the inclusion must be wholly made of a material which is at least as resistant to being cut, drilled, bored, ground (or any similar process) as sintered tungsten carbide in the range 1550-2000 HV 30(2);

(c) the inclusion must wholly block the barrel and should be permanent and incapable of being knocked out without destroying the chamber or barrel;

(d) part of the inclusion must be incorporated into the rear of the dummy barrel; and

(e) the inclusion must be intended to prevent—

(i) the creation of a hole through the dummy barrel along its axis; and

(ii) the removal of a dummy barrel, unless the frame and chamber area of the firearm is rendered useless as a result or its integrity so compromised that it cannot be used to form the basis of a firearm without significant repair or addition.

5.  Blank-firing imitation revolvers shall conform to the specifications set out in regulation 6.

6.  The specifications referred to in Regulation 5 are that—

(a) an imitation revolver must incorporate an inclusion cast into the dummy barrel and a separate inclusion cast into the cylinder which extends to fully obstruct all the dummy chambers;

(b) the inclusions must be wholly made of a material which is at least as resistant to being cut, drilled, bored, ground (or any similar process) as sintered tungsten carbide in the range 1550-2000 HV 30;

(c) the inclusions should be permanent and incapable of being knocked out without destroying the chamber or barrel;

(d) the barrel inclusion must wholly block the dummy barrel and part of it must be incorporated into the rear of the dummy barrel;

(e) the barrel inclusion must be intended to prevent removal of the dummy barrel, unless the frame of the firearm is rendered useless as a result or its integrity so compromised that it cannot be used to form the basis of a firearm without significant repair or addition;

(f) the inclusions must be intended to prevent the creation of a hole through the dummy barrel or chamber along their axis; and

(g) the revolver must vent the gasses produced on discharge at not less than 80 degrees from the axis of the dummy barrel.

Exemptions

7.  The offence in section 39(2)(d) of the 2006 Act (bringing into Great Britain an imitation firearm which does not conform to the specifications) shall not apply to persons whose conduct in bringing into Great Britain an imitation firearm, or causing an imitation firearm to be brought into Great Britain, was for the purpose only of making the imitation firearm in question available for one or more of the purposes set out in section 37(2) of the 2006 Act.

James Brokenshire

Parliamentary Under Secretary of State

Home Office

18th July 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the specifications that imitation firearms must conform to, pursuant to section 39(1) of the Violent Crime Reduction Act 2006 (“the 2006 Act”). The underlying purpose is to prevent imitation firearms from being converted into functioning firearms.

Under section 39(2) of the 2006 Act, a person is guilty of an offence if they: manufacture an imitation firearm which does not conform to the prescribed specifications; modify an imitation firearm so that it ceases to conform; modify a firearm to create an imitation firearm that does not conform; or import into Great Britain an imitation firearm which does not so conform.

Regulation 4 sets out the specifications for blank-firing imitation firearms. Regulation 6 sets out the specifications for blank firing imitation revolvers.

Regulation 7 sets out an exemption, the effect of which is to create a defence for a person charged with importing an imitation firearm which does not conform to the specifications, if their conduct was only for the purpose of making the imitation firearm available for specific purposes, including those of a museum or gallery, a theatrical performance, the production of films and television programmes, the organization of historical enactments, or the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

(1)

2006 c. 38.

(2)

This refers to the “Vickers hardness test” which is a method used to measure the hardness of materials. The test can be used for all metals. The unit of hardness given by the test is known as the Vickers Pyramid Number (HV).