Issue 64 October 2024

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Over-Zealous FEOs at the Met

Are police abusing the Certificate application process?

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Issues & Events|September 2024

The Metropolitan police appear to be massively over-reaching their legal remit; to essentially harrass legitimate holders of shotgun and firearm certificates in order to reduce their numbers.

The law says that a shotgun certificate (SGC) shall be issued unless the applicant is a danger to the public or has no good reason for owning a shotgun. There is no test required for an applicant to prove their competence with a shotgun, nor any requirement for membership of a club or association. You do not even have to want to use the gun. You could have a SGC in order to hold a gun to give to a freind or relative to use.

"I want to shoot clay pigeons sometimes and get the odd invitation to shoot pigeons and pheasants" is enough 'good reason'.You do not need to specify any land or any club where you might want to shoot.

a shotgun certificate (SGC) shall be issued unless the applicant is a danger to the public...

As long as the applicant is not disqualified on medical grounds (letter from doctor) is not a convicted criminal and has a secure safe in which to store the shotguns, he SHALL be granted a SGC. That is what the law says. Remember, it is your right to be granted a SGC unless the police can show you are a danger or have no good reason to own one.

However, see the letter below, which was sent to a London-based applicant for the renewal of his SGC.

Good Morning,

Please send me the below photos/information/evidence so that I may expedite your shotgun/firearms certificate renewal application and then we may, in some circumstances, be able to speak on the phone rather than have a home visit. Once you have replied I shall be in touch with a suggested time/date for a home visit/telephone appointment.

·       Please send me  - A  written account about your past 5 years (since your last renewal/first time grant) shooting experience and the reasons you wish/need a certificate. Including how often you are shooting.*

·       Copies of certificates of relevant professional firearms/safety instructional lessons that you may have already attended (photos of safety certificate for example or professional qualifications/training completed such as Shotgun safety training course, NRA weapon certification/s, RCO, DSC1/2).*

·       In the absence of proof of any formal firearms safety training please provide (feel free to supply as many as you wish) a short written/typed testimony from a current SGC/FAC holder- who has either taught or witnessed your weapon handling skills. The person providing the testimony may of course email it directly to me should they so wish. Please note that this is separate from the reference/s which I will be seeking from your nominated referee/s.*

·       Details of the venue/club/range/land that you attend/intend to shoot.*

·       Please also send me the details/photos/evidence of membership to any shooting or conservation societies or clubs if you have any (eg. BASC/CPA/NRA membership cards/number’s).*

·       Details of any medication/dosage and the details of the condition you may be currently taking it for.*

·       Lifestyle, ie gym, golf etc*

·       Alcohol consumption*

·       Job description, responsibilities etc

·       Full names (including maiden names) and dates birth and relationship to you - of any persons living at your home address, including any children that are at university etc. Also any children from previous relationships including their details. Any persons that have access to your house ie key holders etc

·       Also contact details for your partner if you have one mobile and email

·       A detailed description of your house – Example – 5 bedroom house set over 3 levels double glazed locking windows throughout, Double glazed front door with 3 lever locking mechanism, garden set to the rear fenced on all sides not over looked.

·       Please also send me a photo of the front and rear of your home from the natural front/pavement/driveway. A photo of the front and back doors.

·       *If you have a cabinet/safe fitted - Please also send me photo/s of your gun cabinet/s fitted securely to the wall.

·       *If you have a cabinet/safe fitted - Please also provide me a brief  ‘step by step’ description of the route that must be taken to gain access to your gun storage safe/cabinet from standing in the natural entrance way (if within a communal block of flats) or front door of your home.  For example “From front door enter ground floor hallway, turn right and go up staircase to 1st floor landing, turn left and enter bedroom doorway straight ahead, the gun safe is on your right concealed within a built in wardrobe – bolted to the wall.”

·       *If you have a cabinet/safe fitted - Details of any other security measures that feature at your home – either new or historic such as alarm(monitored/audible), CCTV – areas covered(including RING type doorbell cameras), PIR security lighting/areas covered, Dogs (breeds & age) owned etc.*

·       Below are two quizzes set by BASC please take time to complete one or both depending on your licence.*

·       Shotgun safe shot - theory test   - BASC*

·       Rifle safe shot - theory test  - BASC*

I shall be emailing your referee(s) – please ask them to check all their inboxes as my emails often end up in spam folders.

The above may sound like a lot but in my experience this is the smoothest, and quickest, method of processing your application.

Best regards,

PC Grant XXXX  Firearms Enquiry Officer, Firearms Enquiry Team MOXX – Force Firearms Unit

The demands above are overwhelming. A cynic might suggest deliberately so. The applicant who sent us this letter said he was so exasperated, he was thinking of giving up his guns. However, the vast majority of what the officr is asking for is not required in law and not even recommeneded in the guidance the police publish themselves to instruct their officers how to conduct these duties.

The police have a duty to uphold the law of the land. They do not have the right to make it, or to act as if the law were what they would like it to be...

If you look back at the points above, all those we have marked with a * go beyond what the police have a right to demand and could/should be ignored.

Another applicant for a FAC was required to provide written evidence from third parties that they had seen him use his firearms. Despite the fact he rented several thousand acres of deer stalking and had been using licenced firearms for close to thirty years. Again, this is not required in the police guidance on renewal of FACs.

The culture in the Met Police appears to be one of gross over-reach of thier legal powers in relation to performing their statutory duties in assessing the legal requirements of applicants for SGCs and FACs. The Gun Trade Association has been asked to make enquiries and entreaties to the force to prevent this from continuing. The police have a duty to uphold the law of the land. They do not have the right to make it, or to act as if the law were what they would like it to be, rather than what it is.

If readers are having problems with over-zealous police forces over-stepping their authority with regard to the garnt or renewal of SGCs or FACs, we recommend they contact a specialist frearms lawyer, like Laura Saunsbury, their shooting association (BASC etc) or the Gun Trade Association.

NOTES

Laura Saunsbury: Firearms Specialist Solicitor at Lewis Nedas - 020 3811 5143

The Gun Trade Association (Lin Oxley):  Lin@gtaltd.co.uk

BASC Firearms Advice:  https://basc.org.uk/contact-us/

 

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