9 minute read
Legal
SILVER BULLET
As the lead debate intensifies, it seems we are all looking for a “Silver Bullet” to solve the problem. Stuart Farr looks at the challenges
AT the present time, any discussion on the proposed ban on lead-based ammunition is not for the faint-hearted. It takes a fair degree of stoicism, coupled with a long, deep breath, to muster suffi cient willpower to engage with the topic. It is technically complex, a legal conundrum beyond measure, and a molten hot political potato.
As the title to this article suggests, I’d much rather be writing about something far more whimsical or fanciful. For instance, where did the myth of despatching werewolves (or the undead) with silver bullets originate? Or, as an alternative, why did the legendary Western hero, the Lone Ranger, use silver bullets in his pistols?
Stories, legends, fables and old tales aside, there is a harsh reality emerging in the world we occupy. The use of lead, as a material for use in the manufacture of ammunition, is on its way out. Period.
I think it is fair to say that an increasing number of people in and around the gun trade are beginning to recognise this. However, not all. Within such a diverse group it is understandable that some should raise the question “why me?”. Others, on the other hand, have bypassed that question entirely and simply declared “not us”.
My immediate concern is that the gun trade is at risk of polarising itself into those who; (a) accept that change is coming and are working to fi nd a practical solution; (b) those who do not fully understand the question and are searching for clarifi cation—perhaps with the aim of gaining possible legal or negotiated alterations, exemptions or derogations; and (c) those who decline to accept any change and continue to adopt a fully resistant position.
Simple solution
To use the phrase “silver bullet” in its metaphorical sense, the search for a simple solution which, almost magically, will resolve the issue for everyone is seemingly beyond our reach at the present time. While the Lone Ranger may have adopted silver as his calling card, regrettably, in the real-world, silver is both expensive and ballistically diverse from lead. Other materials are providing similar diffi culties— more for some than others I might add. Regardless of the technological “fi x”, the important widespread concern is one of transition periods. Ultimately, while there is cautious optimism (to put it at its highest) in certain quarters that a solution can be found, the problem centres around scaling that up— production needs to be maintained at pre-lead-free levels because the changeover requires considerable investment and plenty of that intangible asset, time.
With several options being explored at once, the available solutions could also present their own problems. To illustrate, we can draw useful similarities with other industry sectors. Who remembers the battle between the technologies offered via VHS and Betamax in the 1970s and ’80s? VHS won—but not before a decent chunk of consumers had piled their dosh into purchasing the alternative.
In the motor industry today, we can see that battery-based electric vehicles are stealing a march. That is not to say, however, that other forms of propulsion are not being explored seriously. LPG still has a shout; hydrogen-based power plants perhaps more so. Eventually we will have to choose and switch to one of the non-petrol/diesel options. Similarly, if several viable options emerge to address the ban on lead ammo, we will also need to choose between them. appetite for lead-free game meat will go a long way to changing public perceptions. Similarly, there will be lots of older guns out there which could either become unfi t for purpose or uneconomical to run. Regardless of whether consumers will be compensated (which I doubt), the potential for a growing demand for new replacements still exists.
The more “glass half empty” among you will also appreciate the risks associated with a failure to address the lead-free issue properly. Those who lack faith in the lead-free alternatives and continue to use
The importance of this comparison also lies in the fact that once the ban on sales of new “combustion” cars comes into effect, the petrol taps won’t be simply turned off. The transition period will be long because vehicles with fossil fuel engines have longevity. So why, then, is that principle not also being applied to the shooting industry? There is no suggestion, as far as I am aware, that people who own older guns will be compensated by the government when their guns become obsolete and valueless literally overnight. Is that fair?
Common denominator
For the shooting sector, lead has always been the common denominator. Lead-free alternatives risk the trade diversifying its efforts too far, with the consequence that consumers become confused and disgruntled. Consumers (in shooting) don’t want to fi nd themselves in the invidious position of making risky purchases only to fi nd their chosen technological solution becomes obsolete or unsupported. One expects that to happen with electronics, but not with guns, which are built to last for decades (and longer). Assuming the current level of cautious optimism can be turned into the reality of a silver bullet, the rewards are potentially considerable. An increased lead, contrary to the law, will no doubt face some form of liability or even prosecution—perhaps not on any large scale but suffi cient to cause a slide in the wrong direction. A small fi ne for bring down a pigeon with a lead cartridge may not grab any headlines—until certifi cate renewal time comes around, when the prosecution on fi le has the devastating impact of stifl ing a renewal.
The wrong technical fi x could drive up consumer claims, which in my experience are already increasing. Those groups who refuse to bow to the new legislation will have to decide whether they have the stomach for a legal judicial review process and, importantly, the fi nancial resource to do it. In the meantime, the trade will have to adjust its legal and regulatory compliance to ensure their day-to-day practices are compatible with the new lead-free requirements. Don’t forget, it is the HSE organising all of this and they do like to see the “i’s” dotted and the “t’s” crossed properly.
Input and support
After all the hard work done in putting Wild Justice back in its box, it would be a shame to see all those benefi ts implode because of a lack of consensus. The various trade associations are doing their very best but need our continuing input and support. Co-operation and collaboration between everyone are key. The ammunition sector, gun manufacturers and retailers all have a vested interest in close communication across all levels – whether technical or policy-based. On this particular issue, there is little or nothing to be gained by adopting a remote or purely competitive stance.
A new common denominator needs to be found —a silver bullet—but one which, like the vaccinations developed during the pandemic, is much more likely to emerge from the sharing and pooling of knowledge, ideas, enthusiasm and expertise.
Hi Ho Silver… away! GTN GTN
Stuart Farr is a Partner in niche commercial law fi rm Taylors. A lifelong shooter and advisory member of the Gun Trade Association, he has a wealth of experience and welcomes contact from any member of the trade.
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