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It will also be illegal for anybody under the age of 18 to buy any kind of replica firearm.
The plans to clamp down on the use of imitation guns were outlined in a Bill also intended to curb the carrying of knives.
The age limit for buying a knife will rise from 16 to 18 and head teachers will be given the power to search children for knives, although this provision was criticised by the National Association of Head Teachers.
Hazel Blears, the Police Minister, said: “Outlawing the manufacture and sale of imitation firearms and ensuring that knives are less accessible will help to tackle increasing public concern about more serious offences where people are carrying weapons.”
She said that action was needed to tackle a rise in the use of imitation firearms which had followed the introduction of a mandatory five-year jail term for anyone convicted of possessing a handgun.
Handguns were used in 5,144 crimes recorded by police in England and Wales in 2003-2004, a fall of 7 per cent on the previous year.
The idea that criminals were switching to imitation firearms was backed up by figures for 2003-2004 which show an increase of 18 per cent in the number of recorded crimes believed to involve imitation weapons. This followed a 45 per cent rise in 2001-2002.
Ms Blears said: “Criminals are fairly bright people in many cases and as they change their behaviour we have to tighten our laws.”
A year ago a Home Office consultation paper said that a blanket ban on imitation firearms was unworkable and impracticable. But ministers are to press ahead with a ban on the manufacture, import and sale of imitation firearms after civil servants provided a form of wording which they believe will survive legal challenges.
The Violent Crime Reduction Bill gets round the difficulty of a precise legal definition. It covers anything “that any reasonable person could mistake for a firearm”.
Manufacturing, importing or selling imitation firearms will carry a maximum fine of £5,000.
Ministers have included exemptions in the proposed legislation, including the use of imitation guns in theatrical performances or in film and television productions.
The Bill also makes it an offence to look after, hide or transport a dangerous weapon. Anyone convicted of the offence where it involves a knife faces up to four years in prison; for a firearm the sentence is up to ten years.
Tougher manufacturing standards are to be introduced to prevent imitation firearms being converted to fire real ammunition.
The age limit for buying or firing an air weapon without supervision will be raised from 17 to 18.
The age limit for buying a knife will rise from 16 to 18. Anyone selling a knife to someone under 18 faces up to six months in jail and a fine of up to £5,000. Couples who marry under 18 or students on catering courses will have to ask adults to buy knives for them.
Giving head teachers the power to search children they suspect of having weapons in schools was criticised by teachers’ unions, which said that school staff must not be expected to search teenagers for knives.
David Hart, of the National Association of Head Teachers, said that the power was a “useful clarification of the law” but added: “The police are trained to carry out searches. Head teachers and their staff certainly are not.
“I don’t see many heads using the power or expecting their staff to use the power because there’s clearly a danger of them being attacked by pupils who are carrying knives or other offensive weapons.”
Jan Berry, chairman of the Police Federation of England and Wales, welcomed many of the proposals in the Bill.
She said: “The rising tide of violent crime concerns all those working in the public sector and it should be remembered that a number of frontline workers, including those in the health service and education as well as the police, are exposed to it daily.
“The federation supports a ban on all imitation firearms. Imitation and replica guns are responsible for a substantial proportion of UK gun crimes, and many are readily converted at a low cost into lethal weapons.
“Stemming the flow of imitation and replica firearms could therefore have a positive impact on reducing the number of firearms-related deaths.
“However, knife crime continues to be more of a problem and we welcome additional measures that will make it an offence for under-18s to purchase knives.”
GUN CRIME
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