Noxious Weapons Act 2017 1

MODEL
HOUSEOFCOMMONS

BILL 502

BILL
TO

Amend the law relating to firearms; and for connected purposes.

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Definitions
(1) Noxious Weapon Certificate or NXWC shall refer to a certificate issued to a
qualifying applicant permitting them to procure a non-lethal noxious weapon.
(2) Noxious weapon or NXW shall refer to weapons designed for discharging a
noxious liquid, gas, or other thing for the purpose of non-lethal incapacitation.
(3) Termination or termination of certificate shall refer to the permanent removal
of an NXWC for the purposes of this Act.
(4) Suspension of carry shall refer to the temporary suspension of a certificate-
holder's right to carry an NXW in public on their person for the purposes of this
Act.
(5) Suspension of certificate shall refer to the temporary suspension of a certificate-
holder's right to possess an NXW in public on their person for the purposes of this
Act.

2 Amendment of conflicting legislation

For section 5(1)(b) of the Firearms Act 1968 (c. 27), substitute
(b) any weapon of whatever description designed or adapted for the discharge of
2 Noxious Weapons Act 2017

any noxious liquid, gas or other thing without a valid certificate, and

3 Application and qualification for certificates

(1) Applications made for the granting of an NXWC shall be made to the Chief
Constable for the respective area in which the applicant resides.
(2) Applications for certificates shall require the applicant to provide their
name,
signature,
date of writing,
current residence and postal address,
date of birth,
medical history,
state-issued photo identification or a legible copy thereof (including, but not
limited to a driving licence or passport).
(3) Applications shall not require the applicant to give a reason for the procurement of
an NXW or NXWC.
(4) Applications for an NXWC shall include a written examination created by the
Secretary of State for the Home Office concerning proper and safe use and handling
of NXWs, which shall constitute a minimum of 15 questions and no more than 40
questions.
(5) A minimum score of 90 percent or higher on the written examination shall be
required to allow the granting of an NXWC.
(6) Applicants must be of at least 16 years of age to be granted an NXWC.
(7) Applicants for NXWCs shall be made openly available for the public to access.
(8) To qualifying for the granting of an NXWC, applicants must
(a) reside within England and Wales,
(b) have not been convicted of an offence with a maximum sentence of at least
1095 days or three years,
(c) hold British citizenship,
(d) have no pending criminal charges levied against them, and
(e) have no history of mental illness.

4 Offences
(1) It shall be an offence for an individual to threaten, using an NXW, another person
who does not pose an immediate physical threat to them or another individual, or
present themselves in a way that would be reasonably interpreted as such.
(2) It shall be an offence for an individual to resist arrest by use of an NXW.
(3) It shall be an offence for an individual to use an NXW against another person
without provocation, or against another person who does not pose an immediate
physical threat to them or another individual, or present themselves in such a way
that would reasonable be interpreted as such.
(4) It shall be an offence for an individual to knowing provide an NXW to persons with
mental illness, convictions for offences with maximum sentences of at least three
years or 1095 days, or with intent to inflict grievous, unprovoked harm against
another individual.
Noxious Weapons Act 2017 3

(5) It shall be an offence for an individual to retain or attempt to retain an NXW after
being issued a termination of certificate.
(6) It shall be an offence for an individual to knowingly keep an NXW on their person
after being issued a suspension of carry.
(7) It shall be an offence for an individual to knowingly possess or procure an NXW
after being issued a suspension of certificate.
(8) It shall be an offence for an individual to knowingly carry on their person an NXW
while participating in a public demonstration.
(9) It shall be an offence for an individual to knowingly carry on their person an NXW
into areas prohibited in section 11 of this Act.
(10) It shall be an offence for an individual to possess an NXW without a valid NXWC.

5 Punishments
(1) The offence as described in section 4(1) shall incur a maximum fine of 4000.50 and
a maximum sentence of 2922 days or 8 years.
(2) The offence as described in section 4(2) shall incur a maximum fine of 3200.50 and
a maximum sentence of 2190 days or 6 years.
(3) The offence as described in section 4(3) shall incur a maximum fine of 4800.50 and
a maximum sentence of 3652 days or 10 years.
(4) The offence as described in section 4(4) shall incur a maximum fine of 3600.50 and
a maximum sentence of 2190 days or 6 years.
(5) The offence as described in section 4(5) shall incur a maximum fine of 1200.50 and
a maximum sentence of 730 days or 2 years.
(6) The offence as described in section 4(6) shall incur a maximum fine of 1200.50 and
a maximum sentence of 730 days or 2 years.
(7) The offence as described in section 4(7) shall incur a maximum fine of 1200.50 and
a maximum sentence of 730 days or 2 years.
(8) The offence as described in section 4(8) shall incur a maximum fine of 2400.50 and
a maximum sentence of 1095 days or 3 years.
(9) The offence as described in section 4(9) shall incur a maximum fine of 2400.50 and
a maximum sentence of 1095 days or 3 years.
(10) The offence as described in section 4(10) shall incur a maximum fine of 2400.50
and a maximum sentence of 2922 days or 8 years.

6 Termination of certificates
(1) Upon conviction of an offence with a maximum sentence of at least 3 years or 1095
days, the respective NXWC shall be terminated immediately and any NXWs shall
be surrended to police or another, qualified holder of an NXWC.
(2) Upon diagnosis of a mental illness, the respective NXWC shall be terminated
immediately and any NXWs shall be surrended to police or another, qualified
holder of an NXWC.
(3) The bearer in question concerning a termination of certificate should be informed as
soon as possible.
4 Noxious Weapons Act 2017

7 Suspension of carry and certificate

(1) Suspension of carry and suspension of certificate shall last no more than 60 days,
unless as a condition of bail.
(2) If suspension of carry or suspension of certificate is issued as a condition of bail, it
may be as long as detainment as part of bail.
(3) No suspensions shall issue but on upon reasonable suspicion based on evidence
supporting an immediate physical threat to others, detailing the bearer to be
affected, and signing by a magistrate or judge.

8 Chemicals and substances

(1) NXWs under this Act are permitted to use
4-nonanoylmorpholine (MPK/MPA),
2-chlorobenzalmalonitrile (CS),
dibenzoxazepine (CR),
phenacyl chloride (CN),
pepper spray,
syn-propanethial-S-oxide nonivamide (PAVA).
(2) NXWs under this Act are prohibited from using bromoacetone (BA).

9 Allowances
(1) Shops selling firearms shall be permitted to sell NXWs.
(2) The Secretary of State for the Home Office shall be tasked with establishing a
licensing system permitting the sale of NXWs by private businesses.

10 Self-defence
(1) Holders of valid NXWCs not subject to suspension shall be permitted to carry on
their person in public, retain in their vehicle, and keep in home NXWs, subject to
other restrictions contained in this Act.
(2) No holder of a valid NXWC shall be prosecuted for the lawful use of an NXW in
self-defence or the defence of others against immediate physical threats.

11 Restrictions concerning carry

(1) Holders of valid NXWCs shall not be permitted to carry NXWs on their person into,
or on the premises of
(a) state schools,
(b) government offices,
(c) courthouses,
(d) prions,
(e) hospitals,
(f) police stations,
(g) fire stations,
(h) military installations, or
(i) airports,
unless as part of guard duties or obligations concerning employment.
(2) The carry of NXWs on one's person shall be prohibited in public demonstrations.
Noxious Weapons Act 2017 5

(3) Private businesses shall be permitted to allow or disallow the carry of NXWs on an
individual's person on their premises, but for private businesses expressing a desire
not to permit NXW carry within their premises, they shall be required to post a
visible notice detailing the relevant policy.

12 Clarification
For the purposes of this Act, if an offence has
(a) no stated maximum sentence,
(b) a sentence of death, or
(c) a maximum sentence of life imprisonment,
such sentence shall be counted as exceeding three years or 1095 days.

13 Title, extent and commencement

(1) This Act shall extend to England and Wales.
(2) This Act may be cited as the Noxious Weapons Act 2017.
(3) This Act shall come into effect 60 days after its passage.