Christopher Brian Sharp successfully reclaimed his firearm and shotgun certificates after the Crown Court at Maidstone, which convened at the Sevenoaks Magistrates’ Court, overturned the Kent Police’s initial revocation.
The court sessions, which took place on
26 April and 21 May 2024, ended in favour of Sharp.
Mr Sharp owns four rifles and two shotguns. He uses his firearms for deer stalking in Scotland, vermin control and target shooting. He also holds ammunition. He is a member of an NRA-affiliated pistol club and has an open licence which enables him to shoot on multiple private lands with permission from the owners.
A seasoned and law-abiding firearms owner, Sharp had his licences revoked following accusations stemming from a neighbourhood dispute. This dispute, primarily concerning tree removal and parking issues with his neighbour, Roland White, escalated to a physical altercation and allegations of threatening behaviour. Notably, White, who was also implicated in the altercation, had his shotgun certificate similarly revoked.
The decision to revoke Sharp’s certificates was spearheaded by Superintendent Raymond Quiller, representing the Chief Constable. It was based on what were described as “intemperate habits” and an alleged incident on 21 January 2023, where Sharp was accused of threatening to shoot White. These claims formed the basis of the Chief Constable’s concerns over public safety should Sharp retain possession of his firearms.
However, the judicial review brought to light significant inconsistencies in White’s allegations and portrayed Sharp as the actual victim in the reported altercation. Police reports corroborated Sharp’s account, highlighting a lack of evidence pointing to him as the aggressor. Furthermore, an array of character testimonies and witness statements painted Sharp as a responsible and level-headed individual, directly contradicting the grounds for the original licence revocation.
The Crown Court, scrutinising the evidence and the legal bases of the revocation, found that the Chief Constable’s decision had not only misapplied the law but also failed to satisfy the statutory criteria necessary for revoking Sharp’s licences. The court ruled there was no credible threat posed by Sharp to public safety or peace, acknowledging his extensive history of responsible firearm usage.
This ruling has reinforced the need for careful and justifiable decision-making in firearms licensing, emphasising that revocations must be substantiated with reliable evidence and legal grounding. Christopher Brian Sharp’s reinstatement serves as a precedent in the importance of upholding fair legal standards and due process in the management of firearms licensing. Gun Trade Insider views this outcome as a significant affirmation of the rights of firearms holders against unfounded licence revocations.
In conclusion, judge Gareth Branston commented: “We are satisfied that Mr. Sharp remains fit to be entrusted with a firearm to which section 1 of the Firearms Act 1968 applies and can be permitted to have the firearm in his possession without danger to the public safety or to the peace. We are satisfied that that Mr. Sharp remains a person who can be permitted to possess a shotgun without danger to the public safety or to the peace.
We therefore allow this appeal and direct that the Chief Constable shall reinstate the firearm certificate and shotgun certificate of the appellant, Christopher Sharp.”
Simon West OBE, executive director, The Gun Trade Association, commented:
“All too often we are seeing the police revoke certificates without careful, detailed examination of the evidence. Whether granting, renewing or revoking a certificate, the police must work on the use of reliable evidence and a legal grounding for their action. It is also important to remind our customers that they should not be bullied into surrendering their certificates voluntarily. This route to appeal only exists where the police have to take formal revocation action.”
