SNP firearms law vetoed by Westminster

Kenny MacAskill, the justice secretary, wants to introduce a total ban on air weapons north of the Border, but he cannot do so without the co-operation of Westminster.

All firearms' legislation for the UK is reserved to Westminster and since July Mr MacAskill has been in talks with the Labour government in London in an attempt to get control of firearms passed to Holyrood.

But it has now emerged that Jacqui Smith, the UK Home Secretary, has decided to reject the Scottish Government's proposals, leading to a further cooling of relations between the two administrations.

A spokesman for the Home Office said: "It would be confusing and potentially damaging to create a situation in which the entire body of firearms law in Scotland could differ from that in England and Wales.

"There is no impediment to cross-border movement and it would be very difficult to enforce separate regimes and to prevent organised criminals exploiting any differences."

Mr MacAskill yesterday said that he was "extremely disappointed" with the UK government's decision.

He added: "I detect the dead hand of the Scotland Office behind this. With the Scotland Office dogmatically against any further form of devolution – they have even talked about clawing powers back – not only are they ignoring the serious problem of air-weapon crime in Scotland, they are leaving the Labour Party's commitment to further devolution threadbare and confused."

Scottish Government ministers argue that they could acquire powers over airguns in one of two ways – either through devolving firearms legislation permanently to Holyrood, or a one-off procedure in which Westminster could agree to the Scottish Parliament legislating in this area.

It now appears as if both options have been rejected by the Home Office.

New UK-wide laws went on to the Westminster statute book last year. These effectively outlaw the sale of airguns at car-boot sales, corner shops and outlets not regulated by police.

The legislation also raises the age limit for owning airguns from 17 to 18, tightens the law on firing air weapons from private property and effectively outlaws mail-order and internet sales.

In March, two families of airgun victims handed a petition to Holyrood seeking a ban on personal ownership of handguns.

The Home Office decision on firearms represents the latest setback for the Scottish Government in its attempts to wrest control over a number of areas from Westminster.

Scottish ministers' calls to allow EU fisheries negotiations to be led by them have already been refused.

In addition, Westminster has not acceded to requests from the SNP government to hand over tens of millions of pounds in attendance allowance – money withdrawn from Scotland after free elderly care was introduced by the former Scottish Executive.

Holyrood ministers are still in talks with UK counterparts but, with each refusal, the gulf between the two administrations has widened.

TRAGEDY FUELLED VOW TO ACT

THE SNP promised to act to ban airguns in Scotland following the death of two-year-old Andrew Morton, who was shot dead in Easterhouse, Glasgow in 2005.

The toddler died after being struck on the head with a pellet fired from an air rifle.

He was being carried by his older brother as they made their way to a chip shop in the Craigend area of Glasgow and had stopped to look at fire engines.

Mark Bonini, 27, was sentenced to life for killing the two-year-old.

Bonini lived in a flat nearby and had been taking "pot-shots" out of the window with an air rifle, which had been adapted to make it more powerful.

Bonini was ordered to serve at least 13 years before he could apply for parole.

SNP leaders promised to do all they could in government to pursue a ban on all airguns in Scotland.