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Emiel Malinski

Ref: 2021-0198 Date: 10 Jun 2021 Coroner: Chris Morris Area: Manchester South Responses identified: 1 / 1 View PDF

Miniature rifle ranges operate with minimal regulation, lacking essential safety measures such as secure weapon tethering, competent supervision, ammunition control, and first aid provisions.

Date 10 Jun 2021
56-day deadline 5 Aug 2021 est.
Responses identified 1 of 1
Other related deaths Product related deaths Suicide (from 2015)

Coroner's concerns

AI summary
Miniature rifle ranges operate with minimal regulation, lacking essential safety measures such as secure weapon tethering, competent supervision, ammunition control, and first aid provisions.
View full coroner's concerns
It is a matter of concern that the continued existence and operation of s11 (4) Firearms Act 1968 enables miniature rifle ranges to operate within only minimal regulation, with attendees able to fire miniature rifles and ammunition not exceeding .23 calibre and air weapons in a largely unregulated environment. In addition, it is a matter of particular concern that the following specific requirements do not currently apply to miniature rifle ranges:
1) Requirement for the user to sign a prohibited person (Section 21) declaration on each and every visit;
2) Requirement for the weapon to be securely tethered so that any projectile discharged from it can only be ‘down range’;
3) Requirement for a competent Range Conducting Officer (‘RCO’) to be present on the range at all times to enable effective supervision of the shooter;
4) Requirement for the weapon to be loaded for the customer by the RCO or other member of staff so ammunition may be accounted for;
5) Requirement for the RCO or other member of staff present to be first aid trained with a first aid kit present;
6) Requirement for any weapon or ammunition used on the range to be kept secure, controlled and supervised by a member of staff at all times.

Responses

1 respondent
Home Office Central Government
16 Aug 2021 PDF
Action Planned

The Home Office is reviewing the firearms licensing exemption for miniature rifle ranges, prompted by the incident. They conducted a public consultation on tightening controls and will consider the responses before deciding on further measures. (AI summary)

View full response
Dear Mr Morris

Thank you for your letter of 10 June to the Home Secretary which enclosed your Regulation 28 Report, following the sad death of Mr Emiel Ariel Malinski who died on 2 November 2020 at Salford Royal Hospital as the result of a gunshot injury to the head. I am replying as the Minister of State for Crime and Policing.

In your Report you raise concerns about the manner in which Mr Malinski was able to obtain the firearm he used while shooting, without supervision, at a miniature rifle range. You set out in your Report a number of requirements which do not currently apply to such rifle ranges.

The shooting range used by Mr Malinski at Weir Mill, Tameside, operates under the exemption from the firearms licensing legislation afforded by section 11(4) of the Firearms Act 1968, which applies to miniature rifle ranges and shooting galleries. While this exemption is widely used to introduce people to target shooting, we are already reviewing the exemption, because of the risks that it can pose to public safety, which this sad case demonstrates all too clearly.

We included proposals on tightening the controls that apply to miniature rifle ranges as part of a public consultation that we ran on a range of issues relating to the safety of firearms between 24 November 2020 and 16 February
2021. Although the consultation is now closed, it can still be accessed through the following link: Firearms safety - GOV.UK (www.gov.uk). As you will see, the consultation sought views on introducing new controls on this type of rifle range, including specifying that the operator of the range must have a firearms licence which has been granted by police following safety and suitability checks.

Kit Malthouse MP Minister of State for Crime and Policing. 2 Marsham Street London SW1P 4DF

The consultation attracted more than 12,000 responses which the Government is now carefully considering before deciding what further measures may be needed to tighten the controls on miniature rifle ranges, as well as in relation to the other issues considered in the consultation. We will use the outcomes of the consultation to explore the scope for restricting the use of licensing exemptions contained within the existing firearms legislation to prevent further deaths or injuries, while retaining some of the benefits of that arise from the exemption.

We will contact you again when we publish the outcomes of the consultation.

Kit Malthouse MP Minister of State for Crime and Policing

Report sections

Investigation and inquest
On 16th November 2020, I opened an inquest into the death of Emiel Ariel Malinski who died on 2nd November 2020 at Salford Royal Hospital, aged 29 years. The investigation concluded at the end of the inquest which I heard on 8th June 2021. A doctor treating Mr Malinski confirmed that he had died as a consequence of:

1)a) Traumatic brain injury; due to
1)b) Gun shot injury to the head.

By way of conclusion, I recorded that Mr Malinski died as a consequence of suicide.
Circumstances of the death
Mr Malinski was an air-rifle owner who used to frequent a shooting range at Weir Mill, Moseley, Tameside. The range in question constitutes a ‘Miniature Rifle Range’ for the purposes of s11 (4) Firearms Act 1968.

On 2nd November 2020, Mr Malinski attended the range with his air-rifle. Later in the day, Mr Malinski was loaned a semi-automatic Hammerli Tac1 22 rim fire rifle to shoot, and supplied with 50 rounds of 0.22 calibre ammunition.

Whilst alone on the range, Mr Malinski turned the rifle on himself and fired a shot in the direction of his right temple. Mr Malinski received prompt first aid and emergency services were quickly summoned, however died later in hospital as a consequence of the gun shot.
Copies sent to
, Firearms Manager at Greater Manchester Police

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Report details

Reference
2021-0198
Date of report
10 June 2021
Coroner
Chris Morris
Coroner area
Manchester South

Responses identified

Responses identified 1 of 1
All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 5 Aug 2021 (estimated).

Sent to

Home Office

Source links

Judiciary.uk page → Report PDF →

Data: judiciary.uk under OGL.