Firearms (Amendment No. 2) (Jersey) Law 200-.

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A decision made (15/10/2008) regarding: Firearms (Amendment No. 2) (Jersey) Law 200-.

Decision Reference: MD-HA-2008-0066
Decision Summary Title :	F/A (Amendment No 2) (J) Law		Date of Decision Summary:	12 06 2008
Decision Summary Author:	Heidi Sydor Executive Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?			Person Giving Oral Report:
Written Report Title :	Firearms (Amendment No 2) (Jersey) Law 200- Report		Date of Written Report:	24 04 2008
Written Report Author:	Heidi Sydor Executive Officer		Written Report : Public or Exempt?	Public
Subject: Firearms (Amendment No 2) (Jersey) Law 200-
Decision(s): The Minister approved the draft Firearms (Amendment No 2) (Jersey) Law 200- and accompanying report and has asked that it be lodged au Greffe for debate on 2nd December 2008. The Minister also signed the Statement of Compatibility confirming that the provisions of the draft Law were compatible with the European Convention on Human Rights
Reason(s) for Decision: A number of issues have come to light since the introduction of the Firearms (Jersey) Law 2000 (“the principle Law”) and, consequently, a number of amendments to the legislation are proposed. The intention of the amendments is to make compliance with, and enforcement of, the legislation more straightforward.
Resource Implications: There are no direct financial or manpower implications to the Home Affairs Department or the States. Additional costs to Parishes would be covered by firearm certificate application fees.
Action required: The Executive Officer, Home affairs to liaise with the Greffier of the States regarding the lodging ‘au Greffe’ of the draft Law for debate on 2nd December 2008.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Firearms (Amendment No. 2) (Jersey) Law 200-.

Firearms (Amendment No 2) (Jersey) Law 200-

Report

A number of issues have come to light since the introduction of the Firearms (Jersey) Law 2000 (“the principle Law”) and, consequently, a number of amendments to the legislation are proposed. The intention of the amendments is to make compliance with, and enforcement of, the legislation more straightforward. Definitions relevant to the amendments have been added in the draft Law (Article 2)

Amendments have been considered at every stage by the Firearms Law Liaison Group, with representatives from the shooting fraternity, Honorary Police, States of Jersey Police, Education, Sport and Culture and lay members. Wider consultation has taken place as appropriate e.g. with the Comité des Connétables, Magistrate, and head teachers. Although this consultation process has taken a significant time, it was considered important in ensuring that the amendments were appropriate and implementable.

Article 3 of the draft Law allows for the de-regulation of flare guns, in response to a recommendation from the Firearms Law Liaison Group to the then Home Affairs Committee, and after taking Police advice on deregulation. The recommendation was based on the low numbers of gun type flares in circulation, the fact that they are no longer readily available, and the lack of demand for permits for moving firearm/signalling equipment issued under the Firearms (General Provisions) (Jersey) Order 2001. An exemption for ammunition for flare guns is also included.

The effect of the current permitted shot size under Article 33 of the principle Law is to classify four regular buckshot sizes as prohibited ammunition. The Article 3 amendment widens the exemption for the possession of ammunition, increasing shot size to .36 of an inch, rather than .23 of an inch, resolving this anomaly. The prohibition on manufacturing, selling or otherwise transferring shot gun ammunition containing less than 5 pellets larger than .23 of an inch diameter is consequently removed (Article 15).

A problem had arisen where the applicant for a firearm certificate, or its variation or revocation, was a Connétable or member of the Connétable’s family. To ensure transparency, Article 4 makes provision for the Minister to issue, vary or revoke certificates under such circumstances. For cases where the Connétable is absent for a prolonged period or the post is vacant, the Chef de Police of the Parish would discharge these functions.

The current Law requires more photographs than are necessary; the Article 5 amendment enables the Minister to prescribe the detail of the number and type of photographs needed for applications.

In order to ensure that the Central Firearms Index maintains up to date records, the Article 6 amendment requires that particulars of certificate changes be notified by the Connétable to the Chief Officer, who has a responsibility to maintain the Central Firearms Index. It is the Connétable of the Parish in which the certificate holder resides who must be notified of any changes by the certificate holder, thus on re-location to a different Parish it would be the Connétable of the new Parish who would be informed, and who would update the Central Firearms Index and notify the previous Parish of the change. Consequential changes to this effect are made throughout the draft Law (Articles 7, 12, 13, &14).

As a result of the removal for the requirement to hold a firearm certificate for a flare gun, the exception from the requirement to hold a firearm certificate where signalling apparatus is kept on a ship or aeroplane is no longer required. This has also resulted in the reference to aircraft being removed (Article 8).

Although the need for effective control of firearms has generally grown as an issue of importance internationally, there is no new evidence of problems concerning the carriage of appropriate firearms as ‘part of the equipment of the ship'; the provision in respect of ships, that a firearm certificate is not required for firearms kept on board, is therefore being retained. The Harbour Master controls the movement of firearms within the port and must inform both the Connétable and Chief Officer of Police when he issues a permit.

The traditional reasons for allowing firearms as a part of a ship’s equipment relate primarily to the need to deter pirates - something still commonly occurring in parts of the world. There are also other uses, which include: carrying a flare gun, maintaining a bridge rifleman on watch for sharks when hands go to bathe and the use of a rifle to fire a gunline across to another vessel, which allows a jackstay to be rigged for transferring stores at sea.

Jersey vessels operate worldwide and about half the yachts registered locally are actually located abroad. Those vessels must comply with the relevant legislation of the jurisdiction in which they are based. The removal of the Article 12 of the principle Law would cause difficulties for the Registry in Jersey in enforcing a new regime regarding those vessels.

A practical amendment in Article 9 makes provision for executors or administrators of estates to possess a firearm or ammunition held by the deceased until it can practicably be surrendered to an appropriate authority, thus avoiding the possibility of their being in contravention of the Law.

Article 10 clarifies the definition of shooting clubs, and the appeals provisions for shooting clubs are relocated to a new Appeal section at the end of the Law, together with all other rights of appeal under the Law (Article 11, 22).

In Article 16 the maximum prison term for the offence of carrying offensive weapons without lawful authority or reasonable excuse is increased from 2 to 4 years, to recognise the seriousness with which this offence is viewed. Within the principle law, the police have difficulty in securing prosecutions for people carrying knives in public, as the 'intent to injure' must be proven. The draft Law also contains new provisions in Article 17, making the carrying of articles with blades or points without lawful authority or reasonable excuse an offence, and similarly prohibiting the carrying of offensive weapons, blades or sharp pointed objects without lawful authority or reasonable excuse on school premises. The penalty for such offences is imprisonment for up to 4 years, and/or a fine, although there is provision in the law for a defence where reasonable cause for carrying can be established. The location of these provisions within the Firearms Law has been the subject of some debate, but it was felt that their importance justified early progression. The provision of a separate Law for the future, covering blades and sharp pointed objects, is still under consideration.

The existing law prevents hunting between sunset and sunrise, which may be often be the optimal time for shooting roosting birds. Article 18 of the draft Law amends the principle law to allow hunting with a firearm or legitimate pest control work between sunset and sunrise, with the authorisation of the appropriate Connétable. Licences thus granted are for the preservation of public health or safety, and for a specified period. The Court is empowered to cancel hunting licences where a person is convicted for certain offences, or conditionally discharged (Article 19).

A new provision has been included under Article 20, the ‘power of search’, to allow police officers, without a warrant, to enter and search school premises and persons on the premises for bladed or sharply pointed objects, when there is the suspicion of an offence. Head teacher’s permission must be sought, and head teachers guidance already contains the provision that:

“…no pupils/students/members shall be interviewed either in groups or individually by members of the Police Force except in the presence of a teacher nominated by the Head or Deputy.”

At the time any such request is made, the Director for Education, Sport and Culture will be notified by the Head Teacher of the action taken.

The Article 21 amendment enables visitors to the Island to be issued with a visitor’s permit; this would apply to those who have a bona fide reason e.g. as part of a visiting shooting team to bring in a firearm, if they were in possession of a valid certificate issued elsewhere, or if supported in writing by an official of a shooting club where their country of origin does not require a firearm permit. The form of permit is prescribed, and allows the holder to possess a firearm and stipulated ammunition; its validity is limited to a period of one year from issue. Provision is made for a prescribed fee.

In Article 23, Provision is made for consequential amendments under the Police Procedures and Criminal Evidence (Jersey) Law 2003 with reference to ‘prohibited articles’ under Article 43A; also (Article 24) under the Customs and Excise (Jersey) Law 1999, with reference to offensive weapons.

The Law will come into force by appointed day act, seven days after registration (Article 25).

Financial and Manpower Implications

There are no direct financial or manpower implications to the Home Affairs Department or the States. Additional costs to Parishes would be covered by firearm certificate application fees.

European Convention on Human Rights

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, and in the view of the Minister for Home Affairs, the provisions of the Draft Firearms (Amendment No 2) (Jersey) Law 200- are compatible with the Convention Rights.

With regard to the specific area of search powers (Article 49A), these may not be random or arbitrary, but based on a reasonable suspicion of an offence under article 43 or 43A of the principle Law. However the proportionality of searches must still be assessed on a case-by-case basis.

The rights of appeal are considered to be compliant with Article 6 of the European Convention on Human Rights, and there are no further areas for concern.