Lead Ammunition Ban – Where are we now?

The Government has confirmed the future of lead ammunition in England, Wales and Scotland*. 

Shotguns

From 1 April 2029 it will be illegal to sell or use lead shot, whether on live quarry or targets. 

While there is an exemption for “elite athletes”, that only covers individuals who are realistically training for Olympic level events and have Environment Agency permission.

For everyone else, there is a window of just under three years during which it remains possible to use lead shot. After that, it will be illegal to use them (but mere possession will not be illegal). Unlike rifle ammunition (see below), there is a complete ban on using lead shot for clays and other target shooting.

Rifles

From 1 April 2028, those who want to use lead bullets at outdoor target ranges will only be able to do so at ranges which have taken action to mitigate the environmental impacts.

From 1 April 2029 it will be illegal to sell or use lead bullets with a diameter of 6.17mm or above (which includes .243 Winchester), whether on live quarry or targets — except at certain outdoor ranges as mentioned above. 

Any calibre with a diameter smaller than 6.17mm, which includes any .22 rimfire or centerfire, will be unaffected. 

Airguns

Lead airgun ammunition is not affected.

Enforcement

The ban has been implemented via the existing Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) system. REACH imposes a range of criminal and civil penalties for breaches of the rules. Where the offence is committed by a company, there are associated offences for the company directors in many cases.

Enforcing these new rules will likely sit mainly with the Health and Safety Executive (HSE), although other agencies, notably the Environment Agency, will have a role. It is not yet clear what approach HSE will take to enforcement. 

What should firearm owners do now?

Anyone with lead ammunition, especially lead shot, will want to consider whether to try to use it before 1 April 2029. Alternatives such as steel shot and solid copper bullets are increasingly available, but they may not present a ready and simple replacement for traditional ammunition. Many question the efficacy of steel shot, particularly at longer range, and, because it develops considerably more pressure than lead shot, it cannot be used in all shotguns. Solid copper rifle bullets are currently more expensive than traditional bullets and not necessarily suitable for all barrel designs.

Are sporting businesses affected?

Unless they are supplying ammunition to sporting clients, sporting businesses may not be directly affected by the change. However, they will need to consider whether to report and/or try to prevent any breach of the rules, as they would for any illegal activity which comes to their attention.

Stalking may be able to continue in effect unchanged after a transition to alternative ammunition. However, one wonders whether driven bird shoots which specialise in extreme high bird drives will need to adapt.

What about landowners generally?

For many, an important impact is likely to be in relation to pest control activities. Landowners will want to ensure that their employees and contractors are complying with relevant law and standards of good practice.

What might be next?

It would not be surprising in future to see some local authorities considering whether landowners who fail to prevent the use of banned lead ammunition on their land are contributing to contamination in a way which makes them liable under the contaminated land regime to pay for remediation. Those involved in commercial shooting or who lease sporting rights may want to have provision in their terms and conditions allocating responsibility to customers or tenants. They may also need mechanisms to terminate agreements with those who breach these new rules.

*Northern Ireland is essentially still subject to EU rules and so there is no change from the current position there (although it has been proposed). So, for example, the use of lead shot within 100m of wetlands remains prohibited.