With under-resourced police forces and increasing delays, renewing firearm certificates early is more critical than ever to avoid legal issues, says Nick Doherty, a barrister specialising in firearms licensing law.
Under-resourced forces perform poorly
The police ask for renewal applications to be made about 3 months prior to expiry of the certificates. Readers will be aware that if the application is made more than 8 weeks prior to expiry an 8 week extension to the validity of the certificate will automatically be applied. ‘Making the application’ includes providing the signed medical form from the GP.
Inevitably some certificate holders apply late for various reasons. One recent application to a force in the Home Counties was put in later than the police hoped. The certificate was due to expire at the end of January this year. It is good practice for forces to send a reminder to all certificate holders in good time to ensure they (and the police) can take advantage of the automatic 8 week extension. Unfortunately, in this case no such reminder was received.
In early December the police wrote to advise that the certificate would be cancelled on the expiry date. This letter was within 8 weeks of expiry. Having explained that the guns may have to be put into storage after the expiry of the certificate, the letter went on to state the position as follows:
“If we have not received a full application or notification that you have lodged your guns before the expiry date, you will be at risk of unlawful possession of firearms/ammunition… which can carry a custodial sentence …”.
As a result of the letter, in early December this certificate holder did complete the application, including providing the medical certificate, not long before the expiry of the certificates. The medical certificate had itself been delayed – the GP had failed to sign it.
This was the holders first renewal. He was not aware of the ‘8-week rule’. Having not received another letter prior to expiry, he relied on the letter he had been sent, quoted above with my emphasis on the word ‘or’. Following the expiry of the certificate he kept his guns at home, locked up as required.
36 hours after expiry armed police arrived at his home to collect his guns. He was interviewed about his unlawful possession and explained that he had relied on the letter.
Despite the misleading letter, the police proceeded to charge him. The letter was not included in the initial paperwork sent to the CPS. When the defence solicitor referred the letter to the CPS the case was discontinued on the basis that a prosecution was not in the public interest.
The letter was an incorrect summary of the law, the offence of unlawful possession was committed once the certificate expired. I understand from the relevant Licensing Manager that the wording of the letter has been amended to better reflect the legal position.
Firearms Licensing Departments rightly expect cooperation from certificate holders. Perhaps certificate holders should be given a little more help by licensing departments to assist them applying for renewal in good time and in keeping on the right side of the law?
The real problem here is that some police licensing departments are underfunded and over worked. The GTA is working with forces and the other stakeholders to help improve the situation. Feedback from our members clearly identifies which forces are performing under par.
Overworked licensing departments do not have time to make proper enquiries and may be inclined on occasions to refuse an application rather than devote precious time to looking to the matter properly.
The moral of the story is that it is really important to get RFD and renewal applications in about 3 months ahead of expiry. That give the police time to make their enquiries and for any further information that might be required to be provided.
Nick Doherty is a barrister specialising in firearms licensing law. He is a member of the Council of the GTA and co-author of the Firearms Law Handbook.
You can read the full October 2024 issue below:
