FATALLY DIFFERENT
Following the latest massacre at a school in America, TYLER MEARS and MEGAN GRIFFITHS look at the difference between the gun laws of Wales and the US
ATEENAGER in America has been charged with 17 counts of premeditated murder after 17 people were shot dead at a school in Florida on Valentine’s Day.
Nikolas Cruz allegedly used an AR-15 rifle (a semi-automatic rifle) in the attack, which he had bought legally.
Witnesses also said the gunman was deploying smoke grenades and wearing a gas mask. His social media accounts have been described as “very, very disturbing” and showed Cruz posing with guns and knives.
It was the 18th school shooting in the US in 2018, despite the year being only 45 days old. According to the Gun Violence Archive, 1,827 people have been killed by guns in the US this year so far, with more than 3,000 injured.
But, despite fierce debate and multiple deaths, politicians in the US remain extremely resistant to changing the country’s gun laws, laws which meant 19-year-old Cruz could easily, and legally, buy a semi-automatic weapon.
Questioned recently by Piers Morgan, Donald Trump said he was “a second amendment guy”. The second amendment to the US Constitution protects the right of the people to keep and bear arms. It was adopted on December 15, 1791.
Unlike the US – where there have been 30 mass shootings so far in 2018, according to the Gun Violence Archive – the UK has one of the lowest rates of gun homicides in the world. The ownership and use of firearms is governed by some of the world’s strictest laws.
However, according to the Home Office, more than 700,000 firearm owners live in England and Wales and more than one million firearms and shotguns have certificates.
Under sections 1 and 2 of the 1968 Firearms Act, it is an offence for a person “to have in their possession or to purchase or acquire” a firearm or ammunition without holding the appropriate certificate.
The penalties for breaking firearms laws are severe.
WHAT IS A FIREARM?
According to the Home Office, a “firearm” means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged.
WHAT ARE THE BASIC PRINCIPLES OF FIREARMS LAW IN THE UK?
Firearms control in the UK is among the toughest in the world, and as a result firearms offences continue to make up a small proportion (less than 0.2%) of recorded crime, according to the Office of National Statistics.
UK firearms policy is based on the fact that firearms are dangerous weapons and the state has a duty to protect the public from their misuse. According to the Home Office Guide on Firearms Licensing Law: “Gun ownership is a privilege, not a right.” That’s a stark contrast to the stance in America.
With a few specialised exceptions, all firearms in the United Kingdom must be licensed on either a firearm certificate (FAC) or a shotgun certificate (SGC) issued by the police.
WHAT KIND OF FIREARM MAY BE LICENSED IN THE UK?
Some firearms, shotguns and rifles may be licensed and are held on a firearm or shotgun certificate.
For firearms other than a shotgun, applicants must give police a “good reason” for wanting to own one. Hunting or being a member of a shooting club, for example, might be good reasons. Self-defence won’t be considered a valid reason.
Semi-automatic firearms – guns that will keep firing one round every time you pull the trigger – are legal, as long as the size of the cartridge is no bigger than .22 inches in diameter.
Any person wishing to possess, purchase or acquire any firearm or ammunition must hold a valid firearm or shotgun certificate, with some exemptions.
Low-powered air weapons are not licensed in England and Wales unless they are of a type declared especially dangerous by the Firearms (Dangerous Air Weapons) Rules 1969 but there are restrictions on their sale.
An air weapon is “specially dangerous” if it is capable of discharging a missile with kinetic energy in excess of a certain level.
PROHIBITED FIREARMS
The following are generally prohibited:
Fully automatic or burst-fire weapons, including some air guns
Semi-automatic or pumpaction rifles that fire centre-fire ammunition (eg Colt AR-15, L1A1)
Cartridge ammunition handguns, regardless of calibre
Firearms disguised as another item (eg walking sticks etc) Rockets and mortars Air guns chambered for selfcontained gas cartridges
Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing. This would generally include stun guns, electric shock devices or CS gas. Cattle prods could be included, depending on the type.
CAN ANYONE APPLY FOR A FIREARM CERTIFICATE?
Permission to possess, purchase or acquire a firearm will be granted to a person who is assessed by the licensing authority, the police, as not posing a threat to public safety and having good reason to own it.
Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms.
Persons who are sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms).
From July 14, 2014, if a person receives a suspended sentence of three months or more then they will not be able to purchase or possess a firearm or ammunition for five years from the second day after sentence.
This timescale has been set so that a person who is in possession of a firearm or ammunition is not in immediate breach of the law when the sentence is passed and has an opportunity to make arrangements to transfer or dispose of their firearm or ammunition.
However, a person who received a suspended sentence before July 14 and already has a firearm certificate would be able to retain their firearm and ammunition for the duration of their certificate.
AGE RESTRICTIONS
Broadly you must be aged 14 or over to have a firearm certificate, though there are several exceptions and restrictions. No one under 18 can buy or hire any firearm or ammunition. But they can possess them.
There are also a number of other people and parties who, in some circumstances, are exempt from the requirement to hold a certificate.
According to Chapter 6 of the Home Office guidelines, these include some dealers, ranges, persons in the service of the Crown and police, visiting forces, cadet corps, museums, auctioneers, licenced slaughterers, controlling races, theatrical, film and television productions.
WHO AUTHORISES FIREARM AND SHOTGUN CERTIFICATES?
The police are the licensing authority for firearm and shotgun certificates as well as for firearms dealers.
The authority rests with local police forces rather than a central licensing authority, because of the local information that police will use to inform their judgement.
Prohibited weapons such as handguns are authorised by the Home Office on behalf of the Secretary of State.
HOW DO THE POLICE DECIDE IF A PERSON IS FIT TO OWN A FIREARM?
To decide whether a person is fit to own a firearm, the licensing authority will conduct checks which will usually include interviews, visits to the person’s property, criminal records checks and references.
GUN LAWS IN AMERICA
The Second Amendment of the US Constitution states: “A wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
The US is home to less than five percent of the world’s population, but it has between 35-50% of the world’s civilianowned guns.
Federal law sets the minimum standards for firearm regulation in the US, but individual states have their own laws.
Of course the second amendment was written at a time that guns, and society, were extremely different. A typical revolutionary era musket would have been able to fire three rounds a minute.
However, a typical AR-15 rifle, the “weapon of choice” for shooters these days, can fire around 700 rounds per minute and can fire 11 times further with accuracy.
The guns may have changed, but the foundation of gun laws in America has not.
Most states have either prohibited or strongly regulated laws surrounding “open carry” – the carrying around of guns in public – but most have weakened their laws in recent years.
In Florida it is prohibited to openly carry firearms in public, but you can legally open carry a loaded firearm while engaged in, or going to and from, fishing, hunting and camping.
With some planning and preparation, a law-abiding person can openly carry a firearm in public and stay in compliance with the law, according to the website open-carry.org.
As of July 1, 2008, Florida became a “take your gun to work” state.
This law prohibits most businesses from firing any employee for keeping a legal firearm locked in his or her vehicle in the company parking area.
The new law allows citizens to exercise their second amendment rights during their commutes to and from work.
New York and South Carolina prohibit openly carrying handguns, but not long guns, while Massachusetts, Minnesota and New Jersey prohibit openly carrying long guns, but not handguns.
Thirty-one states allow the open carrying of a handgun without any licence or permit, although in some cases the gun must be unloaded.
Fifteen states require some form of permit in order to openly carry a handgun.
Trump is a supporter of the second amendment and has never suggested changing gun laws in the US.
He has gone along with the National Rifle Association’s belief that the only way to combat a bad guy with a gun is to put more weapons in the hands of good guys.
Florida is considered accommodating to guns, by national standards. There are 56 laws relating to owning, transporting and using guns.