The EU Regulation (EU 2015/2403) comes into force on 8 April 2016 which requires that all deactivated firearms placed on the market for sale from that date anywhere in the EU, including within the UK, will conform to the new standard on deactivation as specified in the Regulation. Strictly, the EU Regulation becomes legally binding without the need for further domestic legislation to introduce it into UK law.
In her capacity as the Honorary Solicitor to the Deactivated Weapons Association, the UK trade body for retail sellers of deactivated weapons, our firearms law specialist Laura Saunsbury has been considering the implications of the EU Regulation and what sanction could be imposed for failing to comply with it.
A new offence has very recently been added to the Policing and Crime Bill currently going through Parliament, which proposes a number of significant changes to the law relating to firearms. If the Bill becomes law it will then give formal effect to this EU Regulation by making it a criminal offence to transfer to another, whether by selling or giving it, a ‘defectively deactivated weapon’ i.e. one not deactivated to the EU standard. This will also include making available for sale or transferring to another EU state any such weapon.
However, until such time as this Bill is actually passed as an Act of Parliament and entered on the UK Statute Book, it would appear that there is currently no criminal offence in UK law for which a person can be arrested and prosecuted by the Police or other UK law enforcement agencies if they sell or place on the market for sale a deactivated firearm which fails to comply with the EU deactivation standards.
The EU Regulation does not affect owners of UK deactivated weapons who simply wish to continue keeping them at home. It will only become an issue if and when you are considering selling your deactivated weapons or giving them away.
Lewis Nedas Expert Firearms Lawyers
If you are a seller or owner of deactivated weapons and need expert advice on how this EU Regulation may affect you, contact our firearms law specialist Laura Saunsbury on 020 7387 2032 or complete our online enquiry form here.
For further information on the Deactivated Weapons Association, visit their website here.