B1260 - Handgun Ownership and Regulation Bill 2017

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cranbrook_aspie
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B1260 - Handgun Ownership and Regulation Bill 2017, Rt Hon Jammy Duel, seconded by Hon Saunders16 MP

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Handgun Ownership and Regulation Bill 2017

An Act to reintroduce strictly regulated handgun ownership to the UK for those who demonstrate the ability to handle handguns safely and are of sound mind.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

1: Definitions
(1) For the purposes of this bill a "handgun" shall be defined as a single action, double action, or semi-automatic weapon designed for one handed use;
(2) For the purposes of this bill a "certification body" shall be defined as any gun club or other body registered with the Home Office to be able to certify competence with a handgun;;
(3) For the purposes of this bill a "Registered Psychiatrist" shall be a member of the Royal College of Psychiatrists or any other body recognised by the Department of Health as a professional organisation of psychiatrists.

2: Competence certification
(1) Any certification body may award Competence Certification that has demonstrated thorough understanding of safe storage and handling of handguns and ammunition;
(i) The standards expected for certification shall be set out by the Home Office;
(2) Competence certification expires ten years after being issued;
(3) Competence certification can be renewed at any time;
(4) Failure to show the necessary competence when attempting to renew certification will lead to immediate voiding of existing certification, irrespective of how long certification has been held.

3: Psychiatric evaluation
(1) All prospective handgun owners must pass a psychiatric evaluation carried out by a registered psychiatrist;
(2) An examinee is deemed to have failed if they are diagnosed with or suspected to have, pending final diagnosis, any mental disorder which may cause them to pose an elevated threat to themselves or the public as defined by the Home Office and Department of Health;
(3) An examinee is deemed to be in good mental health for 5 years after passing a psychiatric evaluation;
(4) Psychiatric evaluations purely to prove good mental health for handgun ownership shall not be covered by the NHS;

4: Criminal Record Checks
(1) A prospective handgun owner must pass a criminal record check;
(2) A prospective handgun owner is deemed to have passed a criminal record check if:
(a) They do not have any charges for violent or firearms related offences for which they were not acquitted on their criminal record; and
(b) They do not have any charges on their criminal record for the prior 5 years for which they have not been acquitted on their criminal record; and
(c) have not served a jail term of any length in the prior 5 years.

5: Handgun licencing
(1) Handgun licences shall be issued on a "shall-issue" basis if the applicant:
(a) possesses competent certification in accordance with Section 2; and
(b) has passed a psychiatric evaluation in accordance with Section 3; and
(c) has passed a criminal record check in accordance with Section 4;
(2) A handgun licence shall be revoked if:
(a) The holder ceases to hold a valid competence certification in accordance with Section 2; or
(b) The holder ceases to be deemed in good mental health in accordance with Section 3
(i) unless the holder is diagnosed with depression the; or
(c) The holder is found guilty of any crime in accordance with law;
(d) 10 years has passed since the issuing of the license, unless renewed;
(3) A handgun licence shall be suspended and all the holders handguns seized by the police if the holder is charged with any crime until such a time that they are acquitted or the licence is revoked;
(4) A handgun license shall be suspended if the holder is diagnosed with depression until such a time that they are found to be in good mental health in accordance with Sec
(5) After revocation, or suspension pursuant to Section 5 Clause 4, of their licence any former licencee must rescind ownership of all firearms of have them verified as disabled by the police, and must rescind ownership of all ammunition within 7 days.

6: Sales, registration, and storage of handguns and ammunition
(1) All handguns must be registered with the police;
(2) Handguns may only be sold to individuals who produce on purchase a valid handgun licence;
(3) Ammunition may only be sold to a licence holder for handguns they have registration documentation for;
(4) Handguns and ammunition must be in secure storage when:
(a) on public land;
(b) on private land unless consent to the contrary is given by the landowner and the registered owner has the handgun on their person or is supervising the safe use of the handgun.

7: penalties
(1) Any individual found to possess a handgun in contravention of Section 5 shall be liable to a fine nor more than £50,000 per firearm, and/or a prison term not exceeding 5 years per handgun;
(2) Any individual found to possess not more than 250 rounds of ammunition that no handgun they are registered as owning can fire they shall be liable to a fine of not more than £100 per round;
(3) Any individual found to possess more than 250 rounds of ammunition that no handgun they are registered as owning can fire shall be liable to a fine not more than £100 per round and a prison term not exceeding 10 years;
(4) Any individual found to sell a handgun in contravention of Section 6 shall be liable to a fine of not more than £50,000 and/or a prison term not exceeding 5 years;
(5) Any business found to sell a handgun in contravention of Section 6 shall be liable to a fine of not more than £100,000 and/or a suspension of their licence to sell firearms;
(6) Any individual found to sell ammunition in contravention of Section 6 shall be liable to a fine of not more than £100 per round and/or a prison term not exceeding 5 years;
(7) Any business found to sell a handgun in contravention of Section 6 shall be liable to a fine of not more than £250 per round and/or a suspension of their licence to sell firearms;
(8) Any certification body found to issue certification in contravention of Section 2 shall be liable to a fine of not more than £50,000 and revocation of their ability to issue certification for not more than 10 years.

8: commencement and extend
(1) This Act extends to England and Wales;
(2) The provisions of this Act come into force immediately following Royal Assent.
(3) This Act may be cited as the Handgun Ownership and Regulation Act 2017.

Notes
This bill allows for the ownership of handguns and carry of on private property to those who have demonstrated themselves competent in handgun safety, and show no signs of undue danger to themselves or others through ownership of a firearm. Section 2 means that only those who have demonstrated beyond reasonable doubt that they are, from a practical and theoretical standpoint, safe with a handgun may own one. Section 3 means that only those who do not post an elevated risk to themselves or others can legally own a firearm. Section 4 excludes from legal ownership those who have a proved violent history, or a recent history of crime, no matter how petty.

The original handgun bans were unnecessary knee jerk reactions and over the last 20 years there has been no evidence to show that this has made the country any safer:

the homicide rate remains unchanged
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The reduction of violent crime did not accelerate
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Reported overall crime rates were not reduced, and estimated crime rates did not decrease any faster


And before anybody shouts "but America" there is also no strong correlation between gun ownership and homicide rates either in the US:
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Or globally
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The original bans were emotionally motivated and there is no evidence of any tangible benefit, consequently all the bans achieve is to prohibit otherwise sane and law abiding citizens from the right to bear arms on private property with the consent of the land owner, and this bill intend to mark a compromise between this right, and ensuring that it is only law abiding, sane individuals who can demonstrate they are safe to own a gun are the only ones able to do so.

Changes for the second reading:
-The Home Office sets the certification standards
-Penalties introduced for issuing certification contrary to these standards
-Removed depression elements from the psychiatric evaluation
-Diagnosis of depression of licence holders suspends the licence until found to be in good health again.
-Introduced an expiry date to unrenewed licences.
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cranbrook_aspie
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Saunders16 I presume that you are ok with seconding this.
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Saunders16
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(Original post by cranbrook_aspie)
Saunders16 I presume that you are ok with seconding this.
Of course.
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username1524603
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My view is unchanged from the last time this bill was debated.
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ActuallyIDo
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(Original post by cranbrook_aspie)
B1260 - Handgun Ownership and Regulation Bill 2017, Rt Hon Jammy Duel, seconded by Hon Saunders16 MP
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No...F*cking...Way
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username2080673
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Aye. A good piece of legislation. Odd that there's a second reading section despite this being the first time it's being introduced this term, but copy and pasting can be a *****.
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04MR17
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Handguns hold no necessary purpose in society (as I've hotly debated elsewhere without a convincing enough argument to sway me).

They are simply destructive.

They therefore, have no reason to be legalised.
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barnetlad
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Do you have to belong to a gun club to possess such a licence? Seems not, but I would welcome clarification.
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CoffeeAndPolitics
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The exact same thing was brought up last time round and my views remain unchanged - Nay.
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username2585877
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resolute aye.
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Quamquam123
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Nay. I have always been, and will always be, against gun legislation in any form. To suggest that the banning of guns previously was due to emotion is simply wrong. Indeed, there is a direct correlation between gun ownership and violent crime. In Australia for example, the 1996 gun laws which saw the destruction of roughly 650,000 automatic and semi-automatic weapons resulted in a 59% decrease in gun-related homicide. What evidence is there to suggest handguns should be legalised?
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Saunders16
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(Original post by Quamquam123)
Nay. I have always been, and will always be, against gun legislation in any form. To suggest that the banning of guns previously was due to emotion is simply wrong. Indeed, there is a direct correlation between gun ownership and violent crime. In Australia for example, the 1996 gun laws which saw the destruction of roughly 650,000 automatic and semi-automatic weapons resulted in a 59% decrease in gun-related homicide. What evidence is there to suggest handguns should be legalised?
Was there an overall reduction in homicide or not? The stats you provided relate to gun crime, and such a large change in those figures is almost self-explanatory. In the United Kingdom, there was not. If the answer to this question in Australia is that there was very little change, then I will close on one final question: is it worth extending the state and trampling on the civil liberties and individual freedom of individuals for such a negligible change?
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LifeIsFine
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Aye, same as before.
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Joel 96
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Of course, aye.
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CheeseIsVeg
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Nope
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Lumos_
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Aye
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TCFactor
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Originally I was reluctant. But...
An Act to reintroduce strictly regulated handgun ownership to the UK for those who demonstrate the ability to handle handguns safely and are of sound mind.
That made me feel safer, as with regulation, one could get a gun, and be responsible for it.
Aye.
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TitanCream
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Absolutely no. I may upset my party with my choice, but I am not convinced in the bill and believe it could set a dangerous precedence.
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Jammy Duel
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(Original post by Conceited)
Aye. A good piece of legislation. Odd that there's a second reading section despite this being the first time it's being introduced this term, but copy and pasting can be a *****.
my bad, forgot there was that section on the bottom to remove too
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Jammy Duel
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(Original post by barnetlad)
Do you have to belong to a gun club to possess such a licence? Seems not, but I would welcome clarification.
not as part of the bill, although it could theoretically be the de facto case in areas if the police are not allowed to certify competence and clubs will only certify members.
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