Explosives: Black Powder: Maximum Holding

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A decision made 9 November 2011:

Decision Reference: MD-HA-2011-0078

Decision Summary Title :

Black powder holdings

Date of Decision Summary:

8 November 2011

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Explosives legislation – black powder holdings

Date of Written Report:

8 November 2011

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Black powder holdings.

Decision(s): The Minister decided the following in relation to holdings of black powder under Explosives legislation:

That the maximum amount of black powder that can be held in any one place is to be 4kgs;

That an exception to this maximum holding is to be made for officials of the 1781 Jersey Militia allowing them to hold up to a maximum of 10kgs for 30 days prior to an event, to enable them to make up the charges for the cannons.

Reason(s) for Decision: To formally record the decision reached by the Minister in relation to holdings of black powder in case of a change of Minister.

Resource Implications: Nil.

Action required: The Executive Officer, Home Affairs, to forward the signed Ministerial Decision to the Greffe.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Explosives: Black Powder: Maximum Holding

Report for the Minister for Home Affairs

Explosives legislation – black powder holdings

The current Explosives (Jersey) Law, 1970, Code of Requirements, authorises the holding of 4kgs of black powder by a person in one place. In practice, this means that an individual can hold up to 4kgs of black powder in their own home. In some instances, both the occupants of a home (for example husband and wife) re-load cartridges and therefore up to 8kgs could be held.

When drafting the new Explosives Law, it was suggested that the authorised holding of black powder should be reduced to 2kgs in one place, whether by one or more people. Limited consultation on the draft Law gave rise to a large number of submissions, primarily from shooters, expressing grave concern at this proposed change. In October 2010 the Explosives Ordnance Disposal Officer carried out a demonstration at the Crabbé range, which showed the effect of setting fire to various amounts of black powder, stored in various ways. The demonstration was attended by representatives from the Jersey Firearms Council (JFC), the Home Affairs Department and the Minister and Assistant Minister for Home Affairs. Following this demonstration, the Minister indicated that he was happy for a total of 4kgs to be held in any one place.

JFC representatives were content with this decision but requested an exemption to this amount for the 1781 Jersey Militia (who carry out re-enactments involving cannon firing), allowing them to hold more than 4kgs for 30 days prior to an event, to enable them to make up the charges for the cannons. The charges are made up in to a tin foil ‘cylinder’ which is then placed in tubes and stored in a wooden box prior to use.

This proposal was considered at a meeting of the Firearms Law Liaison Group (which comprises representatives from Home Affairs, the Comité des Connétables, the States of Jersey Police, the JFC and some independent members, and is chaired by the Minister for Home Affairs). It was agreed that an exception would be made for officials of the 1781 Militia, to enable them to hold a maximum of 10kgs of black powder for the purpose of making black powder cannon charges during the 30 days running up to an event. This 10kgs limit aligns with the maximum amount of black powder that a person is permitted to hold, without licence, in the UK in accordance with the UK Manufacture and Storage of Explosives Regulations 2005.

Mindful that there may be a change of Minister in November 2011, it is appropriate to formally record, by way of Ministerial Decision, these decisions.

Recommendation:

The Minister is asked to formally confirm the following:

1. That the maximum amount of black powder that can be held in any one place is to be 4kgs;

2. That an exception to this maximum holding is to be made for officials of the 1781 Jersey Militia allowing them to hold up to a maximum of 10kgs for 30 days prior to an event, to enable them to make up the charges for the cannons.

Executive Officer

Home Affairs

8 November 2011