shotgun cert

[T78 4]

whats the law regarding applying for one if you have convictions? i have one conviction for assault(unfortunately!) about 7 yrs ago and have been told that ANY convictions for violence and dont bother even trying for one......... i understand the reasoning for this but surely there must be some sort of timeline after which i can apply and be treated the same as someone with no record?i have plenty of land to shoot over and plenty of people already holding shotgun and fac's who would be character witness's for me etc.

[millie 1]

whats the law regarding applying for one if you have convictions? i have one conviction for assault(unfortunately!) about 7 yrs ago and have been told that ANY convictions for violence and dont bother even trying for one......... i understand the reasoning for this but surely there must be some sort of timeline after which i can apply and be treated the same as someone with no record?i have plenty of land to shoot over and plenty of people already holding shotgun and fac's who would be character witness's for me etc.

 

you should stand a good chance of getting it..a mate of mine smacked a police sargent,and he got dragged through court and f*cked over for it ....10 years down the line he has a .30-06,rimfire and a shotgun certificate.......

[ferretman 0]

i have been in prison three times for assault the last time was 1998 and i have just applied for mine. but i am not holding my breath. good look with your application.

[T78 4]

i have been in prison three times for assault the last time was 1998 and i have just applied for mine. but i am not holding my breath. good look with your application.

let us know how you get on wi that ferretman? i think ill have mine applied for now!! i shoot with mates and use their guns but its always nice to have your own pride and joy!lol

[trappa 517]

I know a lad who had a terrible record but he got a shotty cert. Be honest on the application.

[T78 4]

yeah,i intend to be honest on it,i AM law abiding nowadays!lol. what about juvenile stuff? i have a few,very minor things from being a kid too.....

[trappa 517]

A shotgun certificate can only be revoked if the holder is a danger to the public safety or the peace. As long as you are not a danger to the public you will be granted one.

Firearms are different, the boys in blue can use a variety of reasons to refuse, unsound mind,intemperate habits,unfit to be trusted, no good reason for a firearm etc etc.

Let us know how it goes. ATB al

[Foxgun Tom 75]

We! at the Scottish Association for Countrysports managed to secure the grant of a shotgun certificate for a member who served 18 months imprisonment a, number of years ago!! It is correct! that a prison sentence does not always prevent you from applying or the granting of a shotgun cert

 

Tom

 

whats the law regarding applying for one if you have convictions? i have one conviction for assault(unfortunately!) about 7 yrs ago and have been told that ANY convictions for violence and dont bother even trying for one......... i understand the reasoning for this but surely there must be some sort of timeline after which i can apply and be treated the same as someone with no record?i have plenty of land to shoot over and plenty of people already holding shotgun and fac's who would be character witness's for me etc.

Edited October 2, 2007 by Foxgun Tom

[vincy 3]

been there done that. must be out of trouble for at least 5 years i have sgc plus fac open

[COMPO 54]

i dont think you can have a firearm of any kind if you have been convicted and given a sentence of three years or more, other than that i think time scales and the nature of the offence are taken into account, i would reckon after a few years of good behaviour you should be ok

 

i was trying to find the link online where i read that but cant

[T78 4]

hmmm,a few different oppinions there.....i just dont want to waste time and money if ive no chance of getting it! i live in york by the way,anybody have any experience of the york police with certs?

[Foxgun Tom 75]

The length of term served in prison, is less than three years and not more than five years but a sherriff (Scotland) and a judge in England can sentence you to less than the three year term and also ban you from holding a certificate! If you've served 3 years or less and did'nt get a ban and your also not a danger to the public? you may still be entitled to apply and be granted a shotgun certificate? Join SACs thats what wher'e here for

 

Tom

 

i dont think you can have a firearm of any kind if you have been convicted and given a sentence of three years or more, other than that i think time scales and the nature of the offence are taken into account, i would reckon after a few years of good behaviour you should be ok

 

i was trying to find the link online where i read that but cant

[SNAP SHOT 194]

i think ye should have no problems mate, i'd go for it, as the lads say be honest and you should be ok. good luck

[outshooting 0]

I don't think you said that you served a prison sentence or not if you did anything in england over 3 months & up to 3 years carries an automatic 5 year firearms prohibition anything above 3 years you are banned for life, the only way to get the 5 year prohibition lifted is to take it to the crown courts but it can be costly if you lose,speak to your local firearms officer before you apply to see where you stand if you apply & fail you are entitled to your money back.

[COMPO 54]

The below is from a legal database :-

 

Hope this explains better than i did earlier

 

Section 28 of the Firearms Act 1968 (as amended) creates the provisions for the grant and renewal of shot gun certificates. It states:

28(1) Subject to subsection (1A) below, a shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.

 

28(1A) No such certificate shall be granted or renewed if the chief officer of police:

 

(a) has reason to believe that the applicant is prohibited by this Act from possessing a shotgun; OR

( is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

 

The words 'shall be granted if he is satisfied' create a presumption in favour of granting unless the police can prove any of the exemptions. See also two cases which indicate the nature of grounds for refusing to grant, or revoking, a certificate by reading the notes to revoking a shotgun certificate.

 

The certificate must contain a description of the weapon including any identity numbers.

 

Section 21 of the Firearms Act 1968 as amended by section 304 and Schedule 32 of the Criminal Justice Act 2003 creates an offence for the possession of a firearm orfirearm ammunition by convicted criminals. Do not confuse these terms with section 1 firearms or ammunition (which is the definition for weapons which require a certificate). Please note:

 

a special paragraph concerning air weapons towards the end of the document;

this section does not apply to imitation firearms.

There are three levels of conviction:

 

Section 21(1) - Total ban on possession

This applies to anyone who has been sentenced to either preventive detention or a total of 3 years or more imprisonment or corrective training.

 

Section 21(2) - Ban for 5 years from date of release

This applies to anyone who has been sentenced to either 3 months or more, but less than 3 years imprisonment, youth custody/detention or a secure training order.

 

The DATE OF RELEASE is:

 

(i) For a normal sentence, the actual date the prisoner leaves prison.

(ii) For a sentence which is partly imprisonment and partly suspended, the date on which the ban commences is the date of his release from imprisonment.

(iii) For a 'secure training order' is whichever of the following is later (a) the actual date of release; ( date he is released from the order because of a breach - some other penalty probably replacing that order - see s4 Criminal Justice and Public Order Act 1994; © a date halfway through the total period of the order.)

 

A suspended sentence is not imprisonment for the purpose of this provision; R v Fordham [1969] 3AllER 532.

 

It may be unclear which ban applies if a sentence is partially suspended. For example, a Court sentences an offender to 3 years imprisonment with the third year suspended. Best opinion is that the suspended part of the sentence does not count, and the ban will last 5 years (he has only been sentenced to 2 years actually in prison). However, uncertainty as to whether this is the correct interpretation is likely to continue until there is an appeal concerning this issue. Where there are several short sentences, it is the total sentence that counts.

 

Section 21(2A) - intermittent custody order

In the case of a person who has been subject to a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates, the date of his final release.

 

A person who is serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates shall not during any licence period specified for the purposes of subsection (1)((i) of that section (total ban) have a firearm or ammunition in his possession.

 

Section 21(3) - Other bans

(a) Anyone released on licence under section 53 of the Children & Young Persons Act 1933 (detention of young persons convicted of serious crime); AND

( Anyone subject of a binding over or recognizance a condition of which is that he shall not possess, use or carry a firearm.

 

OFFENCES

21(4) It is an offence for a person to contravene any of the foregoing provisions of this section.

 

21(5) It is an offence for a person to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be prohibited by this section from having a firearm or ammunition in his possession .

 

MEANING OF POSSESSION

This term is also used in section 1 of the Firearms Act 1968 and and explanation can be viewed by clicking here.

 

AIR WEAPONS

An air weapon is not, as a matter of law, looked upon by the Courts as a lethal weapon. The prosecution must prove that it is lethal, usually by means of expert evidence. For a convicted person in possession of an air weapon to fall foul of these provisions therefore, the gun must fulfil the definition of a firearm and the ammunition must be ammunition for a firearm. (A summary of the criteria is that to be lethal, the weapon must be capable, whether being used properly or improperly, of killing or injuring. The ammunition must also be shown to be capable of killing or injuring, if used in such a weapon.) In a recent case, an air weapon which was in normal working order and powerful enough to be used for killing small vermin or target practice was classed by the Court as a firearm (Castle v DPP 1998).

 

APPEAL

Anyone who is banned by one of these provisions can ask the Crown Court to remove the ban.