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CHANGING RULES ON GUN OWNERSHIP - ACTION REQUIRED



BACKGROUND

On 29 June the Home Office launched an eight-week consultation on proposals that
will impact on the  licensing of shotguns and rifles in England, Wales and
Scotland for decades to come.

BASC is urging every shotgun and firearm certificate holder in Great Britain to
spend five minutes completing a short Home Office survey in response to the
consultation, which closes on 23 August 2023.

This is the most important consultation on firearms ownership in 35 years. You
must not be silent and think others will do the work for you. The shooting
community must respond in numbers. Make sure you have your say.

Recommendations to merge shotgun and firearms licensing conditions have been
dropped prior to publication of the consultation. This was due to lobbying by
BASC and others, on the grounds that the proposals were neither evidence-led nor
proportionate. 

However, there remain several harmful proposals that need to be opposed, and
several helpful proposals to be supported.


Complete the survey here

BASC QUICK GUIDE TO COMPLETING THE SURVEY

The survey form contains a list of questions with the options to tick ‘Yes’ or
‘No’, or leave blank. There is a comments box at Q21 where you can write any
comments as you wish. 

BASC’s recommended answers are listed below:

Q1: No.
Q2: No.
Q3: Yes – more than five years.
Q4: No
Q5: No.
Q6: Yes.
Q7: Leave blank.
Q8: No.
Q9: No.
Q10: No.
Q11: No.

Q12: Yes.
Q13: No.
Q14: Yes.
Q15: No.
Q16: Yes.
Q17: Yes.
Q18: No.
Q19: Leave blank.
Q20: Leave blank.
Q21: Write any comments as you wish.

Complete the survey here


BASC DETAILED GUIDE TO COMPLETING THE SURVEY

Below is a detailed guide to completing the survey which explains the reasoning
for BASC’s recommended answers and some suggestions on what to write in the
comments box (Q21).

Q1. Answer: No

A new police power of entry and immediate seizure of firearms, shotguns and
ammunition when certificate holders are uncooperative with the police.

The police already have adequate powers to enter a property where there is risk
to life and to seize firearms and ammunition where there is a risk to the public
safety or the peace. They also have the power of immediate revocation of any
certificate. BASC does not believe that simply because a person is licenced to
possess firearms that this should deprive them of basic civil liberties.

Q2. Answer: No

Mandatory prohibition.

The prohibition from possessing firearms by persons with serious custodial
sentences has been enshrined in law since the Firearms Act 1920. It is a concept
that has served public safety well Accordingly, prohibition should only apply
where allegations of wrongdoing have resulted in a conviction. That does not
stop a chief officer from declining to issue a certificate if the nature of an
offence discloses any risk to public safety.

Q3. Answer: Yes and ‘more than five years’

Length of certificate before renewal required.

The medical marker is viewed as the prerequisite for the extension of
certificate life as it links with police databases (PNC etc) to provide 24/7-365
monitoring of a certificate holder. When a marker has been added, the life of a
certificate becomes an irrelevance.

Q4. Answer: No

Do you consider that people applying for shotgun certificates should provide two
referees?

One referee for shotgun certificate applications was deemed sufficient as
recently as 2013. Nothing in the subsequent decade has occurred to justify any
increase. Consequently, this recommendation cannot be said to be evidence-led
and on that basis, it fails BASC’s Keyham test because it would not have
prevented the Plymouth killings.

Q5. Answer: No

Any referee to be a person of standing in the community.

This was discounted in 1998 in favour of anyone of good character who had known
the applicant for two years. No evidence has been adduced to justify its
reinstitution. The 2023 Statutory Guidance requires a referee to have known the
applicant for the most recent two years and to have had a reasonable degree of
contact with him/her in that time. This is more important than a person’s
standing in the community.

Q6. Answer: Yes

Do you consider that referees should be able to demonstrate a good knowledge of
the applicant’s circumstances, relevant to their suitability to possess a
firearm or shotgun?

This is a sensible proposal. Without it a reference is useless.

Q7. Leave blank

Do you consider that the application form should provide a checklist for
referees and require a written declaration to the effect that they have
disclosed all relevant facts?

This question does not allow a “yes” or “no” answer.

• Referee checklist? BASC recommended response: Yes. This is a sensible
proposal.
• Referee declaration? BASC recommended response: No. This is neither
evidence-led nor proportionate.

Q8. Answer: No

Do you consider that the Statutory Guidance should include more detailed
guidance for the police on the information they should be looking to elicit from
referees?

Sections 2.21 – 2.24 of the Statutory Guidance are comprehensive regarding the
criteria for a referee. It states that the police should inform any referee they
contact of the application and that they may enquire about any matter relating
to the applicant’s suitability to possess firearms. That covers any eventuality.
No evidence has been adduced to suggest that the Statutory Guidance is
deficient.

Q9. Answer: No

Do you consider that the police should look at the circumstances when
individuals change referees between application and renewal, and subsequent
renewals?

Five years is a relatively long time during which the relationship between a
certificate holder and referee may change due to death, relocation,
estrangement, or lack of contact. Simply because a referee has changed does not
indicate that the renewing certificate holder has something to hide and is being
duplicitous. In any case BASC is only aware of a handful of cases since 1998
where referees have been found to be unsuitable by the police. Such
circumstances are easily remedied by proposing another suitable referee.

Q10. Answer: No

Referees to be provided with a Unique Reference Number (URN) to facilitate
contact with the police.

This proposal appears to be a solution to a problem that does not exist. No
evidence has been adduced to show that contacting the police to express concerns
about a certificate holder is or has ever been problematic. As the level of
revocations is a tiny percentage of the certificates on issue, the provision of
a URN for referee/police communication is wholly disproportionate.

Q11. Answer: No

Do you consider that the Statutory Guidance should be expanded and made more
prescriptive in relation to suitability checks?

BASC’s experience is that the current (2023) Statutory Guidance is rarely
followed. Rather than adding to it, the Home Office should ensure that chief
officers abide by the terms of the Statutory Guidance and provide written
reasons when they deviate from it.

Q12. Answer: Yes

Do you consider that the balance of probabilities test is the correct test to
apply in the Statutory Guidance to information about a person’s suitability to
hold a certificate?

The balance of probabilities test has been used in firearms licensing since the
Firearms Act 1920 and has stood the test of time. As firearms licensing is not
subject to criminal law, it is appropriate that the civil law test is applied to
what is an administrative matter. No evidence has been adduced to show that the
balance of probabilities test is in any way deficient.

Q13. Answer: No

Do you consider that neurodevelopmental disorders should be added to the list of
relevant medical conditions in the statutory guidance?

These conditions cover a spectrum of severity, and each case should be treated
on its merits.

Q14. Answer: Yes

Do you consider that GPs’ engagement with the firearms licensing process should
be mandatory?

*NB. This question relates to GPs being mandated to place a marker on a
certificate holder’s medical record, rather than mandating GPs to be involved in
the verification process on applications.* 

As firearms licensing is principally undertaken for public safety reasons, it
follows that GPs’ placing of a marker on medical records should be mandatory.
Too many GPs are risking public safety by opting out on the spurious grounds of
conscientious objection – you cannot validly object in conscience to measures to
improve public safety. GPs have a moral duty to participate and if they are
unwilling to do so voluntarily, they should be compelled. This duplicates the
system that applies to medical conditions and driving.

Q15. Answer: No

Do you consider that interim medical checks should be made on licensed firearms
holders between the grant of the certificate and any application to renew?

The continuous monitoring of certificate holders by means of a marker on medical
records provides a better safeguard for public safety than interim medical
checks. Any medical check must be intelligence-led with the marker as an early
warning system. A reminder from the marker that a patient had access to firearms
when they presented with a condition, giving rise to concern about their
suitability to possess firearms would be far more effective than random,
untargeted interim checks.

Q16. Answer: Yes

Do you consider that the digital marker for use by GPs on the medical records of
licensed firearms holders should be visible to other health professionals?

The marker needs to be visible to any health professional who needs to see a
patient’s medical records. That said, this must be conducted on a “need to see”
basis in order not to prejudice a certificate holder’s security by advertising
that firearms are stored at a particular location.

Q17. Answer: Yes

Do you consider there should be more mental health advice and support for
licensed firearms holders through advice leaflets and other support?

Certificate holders must be confident that they can seek help for mental health
problems without automatically being deprived of their certificates. BASC
assisted with the excellent Police Scotland leaflet on the subject and would
welcome its extension elsewhere in the UK.

Q18. Answer: No

Do you consider a specific phone line should be introduced in addition to the
services already available to report concerns about a licensed firearms holder?

There are already numerous phone lines for alerting the police to threats to
public safety.

Q19. Answer: Leave blank

This is a biased proposal based on a Yes answer to Q18.

Q20. Answer: Leave blank

Raising awareness of avenues available to raise concerns about a certificate
holder.

In BASC’s experience the public is perfectly aware of how to raise any concerns
about a certificate holder to the police.

Q21. Free text box.

This is an opportunity to call for the following points not included in the
consultation.

 * Financial penalties imposed on those chief officers who fail to run efficient
   firearms licensing units.
 * Sound moderators to be removed from the licensing regime.
 * His Majesty’s Inspectorate of Constabulary advice on changes to firearms
   licensing to be mandatory rather than recommendations.
 * Creation of a centralised office to control police standards and performance
   in firearms licensing.
 * Firearms law to be codified and consolidated.

Personal details 

The final page of the consultation asks you to fill in your personal details.
This is standard practice for any public consultation and is to allow for the
team monitoring responses to contact you to ask for more information on any of
the answers you have given. It also safeguards against multiple responses from
an individual. 

You can also submit your response without filling these details in; just scroll
to the bottom and click ‘Finish survey’, but we would advise leaving your
details.

Complete the survey here

BRITISH SHOOTING SPORTS COUNCIL

BASC is a member of the British Shooting Sports Council (BSSC) which is the
umbrella group for British shooting organisations.


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© 2023 BASC – British Association for Shooting and Conservation
Registered Office: Marford Mill, Rossett, Wrexham, LL12 0HL – Registered Society
No: 28488R
BASC is a trading name of the British Association for Shooting and Conservation
Limited which is authorised and regulated by the Financial Conduct Authority
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cover please email.
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