When concerns are raised about the suitability of a certificate holder, or RFD, to retain their certificates, it is becoming increasingly common for officers to make an un-announced visit to seize firearms and ammunition, writes Nick Doherty a barrister specialising in firearms licensing law.
There may well be good reason for this if there is a genuine concern for public safety. In such cases the police already have, by definition, a proper basis to revoke.
If there is a proper basis to revoke that is what should happen. It is not just what should happen, as the licensing authority the police are under a duty to do so to protect the public. No further legal authority is then required for the police to seize the weapons.
In fact, what happens is that in all but the rarest of cases the police will prepare a Revocation Letter for service at the visit. Officers will then ‘attempt’ to obtain a ‘voluntary surrender’ from the certificate holder. Circumstances will vary as to what may happen, but officers saying to the person concerned ‘We have got to come and collect your guns’ and them responding ‘Oh, OK then’ is not a voluntary surrender where the certificate holder is making an informed decision. If the guns are then surrendered, the certificate holder will inevitably wait many months, sometimes longer, before a decision is made. In many cases that eventual decision will be the service of a Revocation Letter very similar to the one prepared but never served at the original visit. The difference is that a year has passed during which there has been no ability to challenge the basis for the ‘concerns’ that the police have, in many cases without even being told what the nature of those concerns is.
I deal with several cases a month where there has been an unannounced visit, with some I see the Body Worn Video [‘BWV’] of the visit. Certificate holders are sometimes given a clear explanation of the position and can make an informed choice as to whether they should surrender their guns. Unfortunately, it is more normal for officers to give the impression that there is no choice. One comment I see frequently is along the lines of ‘It won’t look good for you if you don’t co-operate with the licensing department’. Co-operation with the licensing department is important, and necessary. Bu this is not a lack of co-operation. A refusal to hand over their property without a revocation is simply asking that you be accorded the rights given to you by an Act of Parliament. If there are genuine concerns you should be told promptly what they are and should be able to challenge the allegations in court. There is a legal right to appeal which voluntary surrender removes.
An accurate summary from an officer attending to seize guns might be: ‘If you agree to a voluntary surrender you should keep in mind that it might take us a year to review your case, and you will lose your right to appeal to the Crown Court at this stage. I haven’t yet seen this being explained.
My attention was drawn to this issue by a statement I recently read from a police decision maker. There were genuine concerns and the police had good reasons to revoke. The attending officer initially read out the Revocation Letter which had been prepared. The holder insisted on being given the letter. The decision maker said this in their subsequent statement:
By telling the certificate holder he had been revoked, and by handing over the letter, the officers dealing with him had made an error. He had agreed to voluntarily surrender his weapons, the necessity for revocation no longer existed and had I known that he had agreed to voluntarily surrender, I would have withdrawn my authorisation for the revocation of the certificates. … and I suspect that this revocation was an error due to a lack of awareness by officers’ present of firearms licensing policy.
The holder had in fact not agreed to a voluntary surrender. What is of concern is that apparently it is ‘policy’ to not issue a letter, even if the officers have it with them, unless surrender is refused. In my view this is not the correct approach. It is no doubt done to reduce and delay the number of appeals.
My advice is as follows:
- Do not agree to a voluntary surrender unless you fully understand the situation
- Insist on being given a copy of the Revocation Letter
- Always stay calm and be polite
- All conversation should be recorded on BWV. Record it yourself if you can. There is nothing to prevent this.
- If your guns are taken, insist on an itemised receipt and photograph them yourself. Guns are often poorly cared for in police storage.
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.
