Offensive Weapons BillPage 20

(b) on summary conviction in Northern Ireland, to imprisonment

for a term not exceeding 12 months or to a fine not exceeding the

statutory maximum, or to both;

(c) on conviction on indictment, to imprisonment for a term not

5 exceeding 4 years or to a fine, or to both.

(5ZA) In relation to an offence committed before the coming into force of

section 154(1) of the Criminal Justice Act 2003 (maximum sentence that

may be imposed on summary conviction of offence triable either way)

the reference in subsection (5)(a) to 12 months is to be read as a

10 reference to 6 months.”

(6) For the subsection (6) that has effect in England and Wales and the subsection

(6) that has effect in Northern Ireland substitute—

“(6) In this section and section 139B “school premises” means land used for

the purposes of a school, excluding any land occupied solely as a

15 dwelling by a person employed at the school; and “school” has the

meaning given by—

(a) in relation to land in England and Wales, section 4 of the

Education Act 1996;

(b) in relation to land in Northern Ireland, Article 2(2) of the

20 Education and Libraries (Northern Ireland) Order 1986 ( SI

1986/594 ( NI 3)).”

(7) After subsection (6) insert—

“(6A) In this section and section 139B “further education premises” means—

(a) in relation to England and Wales, land used solely for the

25 purposes of—

(i) an institution within the further education sector

(within the meaning of section 91 of the Further and

Higher Education Act 1992), or

(ii) a 16 to 19 Academy (within the meaning of section 1B of

30 the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person

employed at the institution or the 16 to 19 Academy;

(b) in relation to Northern Ireland, land used solely for the

purposes of an institution of further education within the

35 meaning of Article 2 of the Further Education (Northern

Ireland) Order 1997 ( SI 1997/1772 ( NI 15) SI 1997/1772 ( NI 15)) excluding any land

occupied solely as a dwelling by a person employed at the

institution.”

(8) In section 139B(1) of the Criminal Justice Act 1988 (power of entry to search for

40 offensive weapons) after “school premises” insert “or further education

premises”.

22 Prohibition on the possession of offensive weapons

(1) Section 141 of the Criminal Justice Act 1988 (offensive weapons) is amended in

accordance with subsections (2) to (15).

Offensive Weapons BillPage 21

(2) After subsection (1) insert—

“(1A) Any person who possesses a weapon to which this section applies is

guilty of an offence and liable—

(a) on summary conviction in England and Wales, to

5 imprisonment for a term not exceeding 51 weeks, to a fine or to

both,

(b) on summary conviction in Scotland, to imprisonment for a term

not exceeding 6 months, to a fine not exceeding level 5 on the

standard scale or to both,

(c) 10 on summary conviction in Northern Ireland, to imprisonment

for a term not exceeding 12 months, to a fine not exceeding the

statutory maximum or to both,

(d) on conviction on indictment in Northern Ireland, to

imprisonment for a term not exceeding 4 years, to a fine or to

15 both.

(1B) In relation to an offence committed before the coming into force of

section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has

effect as if the reference to 51 weeks were to 6 months.”

(3) In subsection (5)(a), after “subsection (1)” insert “or (1A)”.

(4) 20 After subsection (7) insert—

“(7A) It is a defence for a person charged with an offence under subsection

(1A) to show that the weapon in question is one of historical

importance.”

(5) After subsection (8) insert—

“(8A) 25 It is a defence for a person charged with an offence under subsection

(1A) to show that they possessed the weapon in question only in their

capacity as the operator of, or as a person acting on behalf of, a museum

or gallery.”

(6) In subsection (9), for “If a person acting on behalf of” substitute “If the operator

30 of, or a person acting on behalf of,”.

(7) After subsection (11) insert—

“(11ZA) It is a defence for a person charged with an offence under subsection

(1A) to show that they possessed the weapon in question for

educational purposes only.”

(8) 35 In subsection (11A)(a) (as inserted by the Violent Crime Reduction Act 2006),

after “subsection (1)” insert “or (1A)”.

(9) After subsection (11A) (as inserted by the Violent Crime Reduction Act 2006)

insert—

“(11AA) It is a defence for a person charged with an offence under subsection

40 (1A) to show that they possessed the weapon in question only for one

or more of the purposes specified in subsection (11B).”

(10) In subsection (11C) (as inserted by the Violent Crime Reduction Act 2006), for

“(8), (9) or (11A)” substitute “(7A), (8), (8A), (9), (11ZA), (11A) or (11AA)”.

Offensive Weapons BillPage 22

(11) In subsection (11D) (as inserted by the Violent Crime Reduction Act 2006), in

paragraph (a), after “subsection (1)” insert “or (1A)”.

(12) In subsection (11A) (as inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007), after “subsection (1)” insert “or (1A)”.

(13) 5 After subsection (11A) (as inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007) insert—

“(11AA) It is a defence for a person charged with an offence under subsection

(1A) to show that the person possessed the weapon in question only for

one or more of the purposes specified in subsection (11B).”

(14) 10 In subsection (11F) (as inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007), for “(8), (9) or (11A)” substitute “(7A), (8), (8A), (9),

(11ZA), (11A) or (11AA)”.

(15) In subsection (14)(a) after “subsection (1)” insert “or (1A)”.

(16) In Article 29(1)(l) of the Magistrates’ Courts (Northern Ireland) Order 1981 ( SI

15 1981/1675 ( NI 26)) after “141(1)” insert “or (1A)”.

(17) Subsection (18) applies if the subsections (11A) and (11B) which are inserted by

section 60(1)(b) of the Custodial Sentences and Weapons (Scotland) Act 2007

into section 141 of the Criminal Justice Act 1988 are not in force when

subsection (2) comes into force in relation to Scotland.

(18) 20 Until the coming into force of those subsections (11A) and (11B), section 141

has effect in relation to Scotland as if after subsection (11) there were inserted—

“(11A) Where a person is charged with an offence under subsection (1A) in

respect of conduct of the person relating to a weapon to which this

section applies, it is a defence to show that the person’s conduct was for

25 the purpose only of making the weapon in question available for one or

more of the purposes specified in subsection (11B).

(11AA) It is a defence for a person charged with an offence under subsection

(1A) to show that the person possessed the weapon in question only for

one or more of the purposes specified in subsection (11B).

(11B) 30 Those purposes are—

(a) the purposes of theatrical performances and of rehearsals for

such performances;

(b) the production of films (as defined in section 5B of the

Copyright, Designs and Patents Act 1988);

(c) 35 the production of television programmes (as defined in section

405(1) of the Communications Act 2003).”

23 Prohibition on the possession of offensive weapons: supplementary

(1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988

( SI 1988/2019 SI 1988/2019) is amended in accordance with subsections (2) to (6).

(2) 40 In paragraph 1, after sub-paragraph (r) insert—

“(s) the weapon sometimes known as a “zombie knife”, “zombie

killer knife” or “zombie slayer knife”, being a blade with—

(i) a cutting edge;

(ii) a serrated edge; and

Offensive Weapons BillPage 23

(iii) images or words (whether on the blade or handle) that

suggest that it is to be used for the purpose of violence.”

(3) In paragraph 2, after “subsection (1)” insert “or (1A)”.

(4) In paragraph 3(a), after “section 141(1)” insert “or (1A)”.

(5) 5 In paragraph 4—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or

(1A)”, and

(c) after that sub-paragraph insert—

“(2) 10 It is a defence for a person charged with an offence under

section 141(1A) of the Criminal Justice Act 1988 in respect of

any conduct of that person relating to a weapon to which

section 141 of that Act applies by virtue of paragraph 1(r) to

show that the person’s conduct was for the purpose only of

15 participating in a permitted activity of a kind mentioned in

sub-paragraph (1).”

(6) In paragraph 5A—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or

20 (1A)”, and

(c) after that sub-paragraph insert—

“(2) It is a defence for a person charged with an offence under

section 141(1A) of the Criminal Justice Act 1988 in respect of

any conduct of that person relating to a weapon to which

25 section 141 of the Criminal Justice Act 1988 applies by virtue

of paragraph 1(r) to show that the person’s conduct was for

the purpose only of participating in religious ceremonies.”

(7) The amendments made by subsections (2) to (6) are without prejudice to any

power to make an order under section 141 of the Criminal Justice Act 1988

30 amending or revoking the order mentioned in subsection (1).

(8) In the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005

( SSI 2005/483 SSI 2005/483), in paragraph 2 of the Schedule, after “subsection (1)” insert “or

(1A)”.

(9) The amendment made by subsection (8) is without prejudice to any power to

35 make an order under section 141 of the Criminal Justice Act 1988 amending or

revoking the order mentioned in that subsection.

24 Surrender of prohibited offensive weapons

(1) The Secretary of State may make such arrangements as the Secretary of State

thinks fit to secure the orderly surrender at designated police stations in

40 England and Wales of weapons the possession of which will become unlawful

by virtue of—

(a) section 20 (by itself or in combination with section 19), or

(b) section 22.

Offensive Weapons BillPage 24

(2) The Scottish Ministers may make such arrangements as they think fit to secure

the orderly surrender at designated police stations in Scotland of weapons the

possession of which will become unlawful by virtue of—

(a) section 20 (by itself or in combination with section 19), or

(b) 5 section 22.

(3) The Department of Justice in Northern Ireland may make such arrangements

as it thinks fit to secure the orderly surrender at designated police stations in

Northern Ireland of weapons the possession of which will become unlawful by

virtue of—

(a) 10 section 20 (by itself or in combination with section 19), or

(b) section 22.

(4) The chief officer of police for any area may designate any police station in the

chief officer’s area as being suitable for the receipt of—

(a) surrendered weapons, or

(b) 15 surrendered weapons of a particular description.

(5) The Chief Constable of the Police Service of Northern Ireland may designate

any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered weapons, or

(b) surrendered weapons of a particular description.

25 20 Payments in respect of surrendered offensive weapons

(1) Subsection (2) applies if the Secretary of State makes arrangements for the

surrender of weapons under section 24(1).

(2) The Secretary of State must by regulations provide for payments to be made in respect

of weapons which are surrendered in accordance with the arrangements.

(3) 25 Subsection (4) applies if the Scottish Ministers make arrangements for the

surrender of weapons under section 24(2).

(4) The Scottish Ministers must by regulations provide for payments to be made

in respect of weapons which are surrendered in accordance with the

arrangements.

(5) 30 Subsection (6) applies if the Department of Justice in Northern Ireland makes

arrangements for the surrender of weapons under section 24(3).

(6) The Department of Justice in Northern Ireland must by regulations provide for

payments to be made in respect of weapons which are surrendered in

accordance with the arrangements.

(7) 35 Regulations under subsection (2), (4) or (6) must provide that a payment may

only be made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(8) Condition A is that possession of the weapon to which the claim relates will

40 become unlawful by virtue of section 20 (by itself or in combination with

section 19) or section 22.

(9) Condition B is that the person making the claim owned the weapon on 20th

June 2018.

Offensive Weapons BillPage 25

(10) Condition C is that on or before 20th June 2018 the person making the claim

had contracted to acquire the weapon.

(11) The provision that may be made by regulations under subsection (2), (4) or (6)

includes—

(a) 5 other provision restricting eligibility for receipt of payments, including

provision restricting eligibility to claims made in respect of weapons

surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed in respect of claims and

for the determination of such claims (including any time within which

10 claims must be made, any evidence and other information to be

provided in support of a claim and the burden of proof in relation to a

claim).

Threatening with offensive weapon

26 Offence of threatening with offensive weapon etc

(1) 15 In section 1A(1) of the Prevention of Crime Act 1953 (offence of threatening

with offensive weapon in public)—

(a) in paragraph (b), after “person” insert “(“A”)”, and

(b) in paragraph (c), for the words from “there” to the end of the paragraph

substitute “a reasonable person (“B”) who was exposed to the same

20 threat as A would think that there was an immediate risk of physical

harm to B.”

(2) In section 139AA(1) of the Criminal Justice Act 1988 (offence of threatening

with article with blade or point or offensive weapon)—

(a) in paragraph (b), after “person” insert “(“A”)”, and

(b) 25 in paragraph (c), for the words from “there” to the end of the paragraph

substitute “a reasonable person (“B”) who was exposed to the same

threat as A would think that there was an immediate risk of physical

harm to B.”

27 Offence of threatening with offensive weapon etc on further education

30 premises

(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with

article with blade or point or offensive weapon) is amended as follows.

(2) After subsection (1) insert—

“(1A) A person is guilty of an offence if that person—

(a) 35 has an article to which this section applies with them on further

education premises,

(b) unlawfully and intentionally threatens another person (“A”)

with the article, and

(c) does so in such a way that a reasonable person (“B”) who was

40 exposed to the same threat as A would think that there was an

immediate risk of physical harm to B.”

(3) After subsection (3) insert—

“(3A) In relation to further education premises this section applies to each of

these—

Offensive Weapons BillPage 26

(a) an article to which section 139 applies;

(b) an offensive weapon within the meaning of section 1 of the

Prevention of Crime Act 1953.”

(4) In subsection (5)—

(a) 5 at the appropriate place insert—

“““further education premises” means land used solely for

the purposes of— (a) an institution within the further education sector

(within the meaning of section 91 of the Further

10 and Higher Education Act 1992), or (b) a 16 to 19 Academy (within the meaning of

section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a

person employed at the institution or the 16 to 19

15 Academy;”;

(b) for the definition of “school premises” substitute—

“““school premises” means land used for the purposes of a

school, excluding any land occupied solely as a dwelling

by a person employed at the school; and “school” has the

20 meaning given by section 4 of the Education Act 1996.”

Prohibition of certain firearms

28 Prohibition of certain firearms etc : England and Wales and Scotland

(1) The Firearms Act 1968 is amended as follows.

(2) In section 5 (weapons subject to general prohibition), in subsection (1), after

25 paragraph (af) insert—

“(ag) any rifle from which a shot, bullet or other missile, with kinetic

energy of more than 13,600 joules at the muzzle of the weapon,

can be discharged;

(ah) any rifle with a chamber from which empty cartridge cases are

30 extracted using—

(i) energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage

device by propellant gas,

other than a rifle which is chambered for .22 rim-fire

35 cartridges;”.

(3) In section 5(1), for the “and” at the end of paragraph (b) substitute—

“(ba) any device (commonly known as a bump stock) which is

designed or adapted so that—

(i) it is capable of forming part of or being added to a self-

40 loading lethal barrelled weapon (as defined in section

57(1B) and (2A)), and

(ii) if it forms part of or is added to such a weapon, it

increases the rate of fire of the weapon by using the

recoil from the weapon to generate repeated pressure on

45 the trigger; and”.

Offensive Weapons BillPage 27

(4) In section 5(2), after “including,” insert “in the case of weapons, any devices

falling within subsection (1)(ba) of this section and,”.

(5) In section 5(2A)(a), after “weapon” insert “, device”.

(6) In section 51A(1)(a) (minimum sentences for certain offences under section 5),

5 in each of sub-paragraphs (i) and (iii), after “(af)” insert “, (ag), (ah), (ba)”.

(7) In Schedule 6 (prosecution and punishment of offences) in Part 1 (table of

punishments)—

(a) in the entry for section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c), in

the first column, after “(af)” insert “, (ag), (ah), (ba)”,

(b) 10 in the entry for section 19, in the third column, for “or (af)” substitute “,

(af), (ag), (ah) or (ba)”, and

(c) in the entry for section 20(1), in the third column, for “or (af)” substitute

“, (af), (ag), (ah) or (ba)”.

(8) The amendments made by subsection (6) apply only in relation to—

(a) 15 an offence under section 5(1)(ag), (ah) or (ba) of the Firearms Act 1968

which is committed after the coming into force of subsection (6), and

(b) an offence under a provision listed in section 51A(1A) of that Act in

respect of a firearm specified in section 5(1)(ag), (ah) or (ba) of that Act

which is committed after the coming into force of subsection (6).

29 20 Prohibition of certain firearms etc : Northern Ireland

(1) The Firearms (Northern Ireland) Order 2004 ( SI 2004/702 ( NI 3) SI 2004/702 ( NI 3)) is amended

as follows.

(2) In Article 45 (weapons subject to general prohibition), in paragraph (1), after

sub-paragraph (e) insert—

“(ea) 25 any rifle from which a shot, bullet or other missile, with kinetic

energy of more than 13,600 joules at the muzzle of the weapon,

can be discharged;

(eb) any rifle with a chamber from which empty cartridge cases are

extracted using—

(i) 30 energy from propellant gas, or

(ii) energy imparted to a spring or other energy storage

device by propellant gas,

other than a rifle which is chambered for .22 rimfire cartridges;”.

(3) In Article 45(1), for the “and” at the end of sub-paragraph (f) substitute—

“(fa) 35 any device (commonly known as a bump stock) which is

designed or adapted so that—

(i) it is capable of forming part of or being added to a self-

loading firearm, and

(ii) if it forms part of or is added to such a firearm, it

40 increases the rate of fire of the firearm by using the recoil

from the firearm to generate repeated pressure on the

trigger; and”.

(4) In Article 2(2) (interpretation), in the definition of “prohibited weapon” and

“prohibited ammunition”, after “including,” insert “in the case of weapons, any

45 devices falling within paragraph (1)(fa) of that Article and,”.

Offensive Weapons BillPage 28

(5) In Article 70(1)(a) (minimum sentence for certain offences), in each of heads (ii)

and (iv), after “(e)” insert “, (ea), (eb), (fa)”.

(6) In Schedule 5 (table of punishments)—

(a) in the entry for Article 45(1)(a), (aa), (b), (c), (d), (e) and (g), in the first

5 column, after “(e)” insert “, (ea), (eb), (fa)”,

(b) in the entry for Article 61(1), in the third column, for “or (e)” substitute

“, (e), (ea), (eb) or (fa)”, and

(c) in the entry for Article 62(1), in the third column, for “or (e)” substitute

“, (e), (ea), (eb) or (fa)”.

(7) 10 The amendments made by subsection (5) apply only in relation to—

(a) an offence under Article 45(1)(ea), (eb) or (fa) of the Firearms (Northern

Ireland) Order 2004 ( SI 2004/702 ( NI 3) SI 2004/702 ( NI 3)) which is committed after the

coming into force of subsection (5), and

(b) an offence under a provision listed in Article 70(1A) of that Order in

15 respect of a firearm specified in Article 45(1)(ea), (eb) or (fa) of that

Order which is committed after the coming into force of subsection (5).

30 Consequential amendments relating to sections 28 and 29

Schedule 2 contains consequential amendments relating to sections 28 and 29.

31 Surrender of prohibited firearms etc

(1) 20 The Secretary of State may make such arrangements as the Secretary of State

thinks fit to secure—

(a) the orderly surrender at designated police stations of firearms the

possession of which will become unlawful by virtue of section 28 or 29;

(b) the orderly surrender at designated police stations or other places of

25 ancillary equipment.

(2) The chief officer of police for any area may designate any police station in the

chief officer’s area as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular

30 description.

(3) The Chief Constable of the Police Service of Northern Ireland may designate

any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular

35 description.

(4) In this section “ancillary equipment” has the meaning given by section 34(2).

32 Payments in respect of surrendered firearms other than bump stocks

(1) This section applies to firearms other than firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968

40 by section 28(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms

(Northern Ireland) Order 2004 ( SI 2004/702 ( NI 3) SI 2004/702 ( NI 3)) by section 29(3).

Offensive Weapons BillPage 29

(2) This section applies if the Secretary of State makes arrangements under section

31 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect

of such firearms which are surrendered in accordance with the arrangements.

(4) 5 Regulations under subsection (3) must provide that a payment may only be

made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(5) Condition A is that possession of the firearm to which the claim relates will

10 become unlawful by virtue of section 28 or 29.

(6) Condition B is that the person making the claim had and was entitled to have

the firearm in their possession on or immediately before 20th June 2018 by

virtue of a firearm certificate held by them or by virtue of being a registered

firearms dealer.

(7) 15 Condition C is that—

(a) on or before 20th June 2018 the person making the claim had contracted

to acquire the firearm, and

(b) that person was entitled to have the firearm in their possession after

that date by virtue of a firearm certificate held by them or by virtue of

20 being a registered firearms dealer.

(8) The provision that may be made by regulations under subsection (3)

includes—

(a) other provision restricting eligibility for receipt of payments, including

provision restricting eligibility to claims made in respect of firearms

25 surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time

within which claims must be made and the provision of information) in

respect of claims and for the determination of such claims.

33 Payments in respect of prohibited firearms which are bump stocks

(1) 30 This section applies to firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968

by section 28(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms

(Northern Ireland) Order 2004 ( SI 2004/702 ( NI 3) SI 2004/702 ( NI 3)) by section 29(3).

(2) 35 This section applies if the Secretary of State makes arrangements under section

31 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect

of such firearms which are surrendered in accordance with the arrangements.

(4) Regulations under subsection (3) must provide that a payment may only be

40 made to a person making a claim which meets—

(a) condition A,

(b) condition B or C, and

(c) condition D.