Keen shots and those who supply them will be happy to hear that sound moderators may soon be deregulated. Leading firearms and fieldsports lawyer Lachlan Nisbet delves into the implications of this potential change.
Between 21 February and 2 April, the Home Office ran a consultation on whether to remove sound moderators from firearms licensing controls. The consultation has met with a full-throated and enthusiastic response from shooting industry figures.
If they wish to proceed, the Home Office minister will use their powers under the Legislative and Regulatory Reform Act 2006 to remove this ‘burden’ (in the language of the Act) from certificate holders.
As responses to the consultation are currently under consideration, no timescale has yet been given for this change in the law or a response to the consultation. Thankfully, changes in legislation under the 2006 Act follow a streamlined procedure and will not require the usual full scrutiny of the Houses of Commons and Lords through which new Acts of Parliament are considered.
DEFINING A FIREARM
The current definition of a firearm may be surprising to those who are unfamiliar with the gun trade.
Section 57(1) of the Firearms Act 1968 defines a firearm as a lethal barrelled weapon, a prohibited weapon, a relevant component part of either a lethal barrelled weapon or a prohibited weapon, or an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon.
It follows that possession of a sound moderator, which does not have the capacity to cause serious harm on its own, by a person not authorised to do so, can attract serious criminal consequences including prison sentences and heavy fines.
The proposed amendment to the Firearms Act 1968 would simply remove sound moderators from the definition of a firearm. However you term them, a sound moderator, suppressor or silencer would, under the new proposals, have the same legal status as other accessories such as scopes and night vision equipment not subject to certificate control.
Per the Home Office consultation, just under 200,000 sound moderators are currently licensed for use in England and Wales, with traders estimating between 8,000 and 12,000 new sound moderators being sold each year.
BENEFITS AND RISKS
Experienced firearms users will be familiar with the benefits of sound moderators from preventing distress/annoyance to people and animals within earshot of the firearm, reduced recoil and muzzle flip, and protecting the shooter’s hearing without using fiddly earplugs or cumbersome ear defenders.
The logic in deregulating sound moderators will appear obvious: it is, after all, the firearm which can cause serious harm in nefarious or negligent hands rather than an accessory designed to reduce sound and muzzle flash.
It is considered unlikely that the use of sound modifiers will increase significantly if deregulated given the large number already approved for use. It is difficult to imagine a situation where a police force grants a certificate to an individual but refuses to allow the holder access to a sound moderator to use with their firearm.
At present, the process for obtaining a new sound moderator is overly bureaucratic, requiring certificate holders to inform a police force’s firearms licensing department of sound moderators in the same way as they would for a new rifle by applying to vary a certificate. The firearms licensing department is then required to go through the approval process and issue the amended certificate.
There is of course a cost to the certificate holder in making a variation application but there is also a hidden cost to the taxpayer in having the firearms licensing departments process such applications.
We have seen significant and ongoing pressures on police firearms licensing departments following the change in the Home Office guidance on Firearms Licensing on February 2023 following the Keyham shootings and subsequent preventing future deaths report. Many force areas were already unable to keep up with demand and are inundated with complex suitability decisions, so reasonable action, which reduces the administrative burden on firearms licensing departments, will be universally welcomed.
Violent crime is, quite rightly, one of the foremost considerations of the Home Office when considering changes in firearms licensing legislation. The use of lawfully held firearms in violent crime in thankfully rare in the UK and it appears there is little additional risk to the public if sound moderators are deregulated.
One challenge presented by the change in legislation would be lack of alignment with our European neighbours, where avid huntsmen may wish to travel to sample the variety of game available on the continent.
While far from unique worldwide, if adopted, deregulating sound modifiers would create a (slightly) more relaxed regulatory regime in Britain than shooting in many jurisdictions on the continent, where sound moderators continue to require relevant permits (France, Germany) or are outright prohibited in most circumstances (Spain, Italy).
As always, certificate holders who shoot abroad must ensure that they comply with relevant legislation in the country they visit. Carelessness regarding certification status can be a high risk and costly error.
Whether these changes are implemented remains to be seen, but it is encouraging that the Home Office are looking at simplifying the legislation and as part of a wider push toward a risk-based approach to licensing.
WHAT TO DO
As the UK’s foremost specialist lawyers in the area of shooting and fieldsports law, we advise registered firearms dealers and individuals on all aspects of firearms law and commercial practice.
If you need advice regarding your firearms give us a call on 0151 600 3420 to speak with our firearms team.
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