The law regulating the use and ownership of firearms has tightened considerably over the past ten years, following a serious of high-profile incidents.
Firearms ownership in the agricultural sector
The use and ownership of firearms amongst people working in the agricultural sector is commonplace, for both sporting and professional reasons. Many older people from the farming community grew up in a gun culture far more relaxed than the current regulatory regime. There has been an increase in older farmers, typically with no previous involvement with the police, suffering both licence revocation and prosecution due to a degree of complacency and lack of awareness of the current regime.
How firearms enforcement action can arise
Long term, otherwise responsible, firearms owners may think it unlikely that they will be caught up in firearms enforcement however enforcement action often arises when firearms issues arise incidental to investigations being conducted on the farm by other regulatory agencies such as the environment agency, health and safety executive, wildlife protection or social services. Where police are called in relation to relationship, domestic or neighbour disputes, modern slavery allegations, or offences relating to drugs, alcohol or driving, any weapons are likely to be immediately removed as a precaution. Weapons may also be removed from the person making the complaint.
Examples of firearms enforcement action
Example scenarios which attracted enforcement action:
• Lawfully owned firearm left in the back of a parked car in a city centre whilst the driver sought directions
• Firearm discovered in an outbuilding used for shooting gatherings and not immediately reported to police
• Early 1900’s pistols discovered during a house clearance and not immediately reported to police
Firearms law and sentencing guidelines
The legislation regulating the use and possession of firearms is the Firearms Act 1968 which has remained largely unchanged, however on 1st January 2021 new sentencing guidelines came into force for firearms offences. The new guidelines apply regardless of the date of the offence. The new guidelines apply to possession of a prohibited weapon, possession without a certificate and carrying a firearm in a public place.
The new sentencing guidelines impose lengthy custodial sentences, including mandatory minimum sentences for the unlawful possession of certain firearms.
On the 22nd March 2021 some of the exemptions that previously allowed a firearm to be categorised as an “antique” and therefore exempt from most regulations were removed.
Whether a particular weapon falls within the definition attracting regulation or a mandatory minimum sentence is not always straightforward and may require expert assessment. It is not unknown for the police to make errors on the definition of a weapon which may significantly impact the sentencing options available or required.
Possible outcomes following a firearms investigation
Conditional cautions have been obtained in cases of unlawful possession of firearms by older farmers with no previous convictions, however such an outcome is exceptional, and the criminal investigation process is stressful.
Applying for a firearms licence
In England and Wales there is no legal right to possess a gun. Possessing, purchasing or acquiring a regulated firearm or ammunition without a certificate is a criminal offence.
The police will consider two primary factors to determine suitability to possess a firearm
1. Public Safety – is there a risk the owner of the firearm may be risk to themselves or others?
2. Are they a risk to the peace?
Abusive behaviour, a lack of self control, recklessness and disregard for the law generally are all factors that the police can take into account when assessing suitability. The conduct does not have to be directly related to physical violence or misuse of weapons. For example evidence of domestic violence, stalking and drink driving can be taken into account. Any and all criminal convictions will be taken into account including cautions and bindovers. Conduct that does not result in a criminal conviction can also be taken into account. There is no exhaustive list but the police may also consider known associations, finances and medical information.
Background checks will be conducted, including social media checks and checks in countries where the applicant has strong ties. The applicant must also demonstrate that they are medically fit to possess a firearm – evidence of drug or alcohol abuse, personality or neurological disorders or mental health problems will be relevant to the decision.
When can a firearms licence be revoked?
Chief officers of police can revoke a licence if the holder is of intemperate habits or unsound mind or is otherwise unfitted to be entrusted with a firearm; or that the holder can no longer be permitted to have the firearm or ammunition to which the certificate relates in his possession without danger to the public safety or to the peace. Relationship conflict or evidence of antagonism towards particular categories of persons can be grounds for revocation. The conduct is not required to pass the threshold for criminal prosecution to be grounds for revocation. The licence holder can appeal a revocation decision.
Key points for firearms owners
• Possessing a firearm is a privilege and not a right
• Engage proactively with the police – in licensing matters honesty and transparency will result in a more sympathetic outcome
• Keep up to date on changing regulatory requirements
• If you are facing a police investigation for unlawful use or possession of firearms, seek legal advice immediately as the penalties can be severe.
