In the first of my articles for this magazine, I gave a broad overview of three areas where I come across issues for firearm and shotgun certificate holders — conduct, security and the application process.
I thought it would be helpful to readers to break down each of those topics and give what I hope is the benefit of my experience in how the police will approach issues of conduct.
Conduct is a generic term and should not necessarily have the negative connotation you might assume. It relates, for the purposes of this article, to all aspects of your day-to-day life, both personal and professional, and is not rigidly bound to behaviour when using a gun. It includes social activity both in person and online. It involves day-to-day relations, discussions and normal activities such as driving and competing in sports.
The starting point is that for a shotgun certificate holder, the police require to be satisfied not only that you have a good reason to have a shotgun, but that there is no threat or danger to the public safety or to the peace by issuing a certificate.
In years gone by, the police probably took a much more liberal approach than they do now. You may be surprised at how low the bar can be for the police to be concerned about what constitutes such a threat.
It is not uncommon for me to have fairly fundamental disagreements with the police on where that line should be set. Even more difficult, however, is for either the police or me to predict how a court will examine the evidence. One certainty of the legal process is its uncertainty.
That is why, when I go round the country speaking to firearm certificate holders, I always stress that conduct should be at the heart of everything you do as a certificate holder. If you want to keep your certificates, you need to ensure that you behave! It is really as simple as that.
The Home Office Guidelines have tightened up to reflect the tightening of the law right across the UK for domestic abuse. If your conduct at home and your relationship is deemed to fall into domestic abuse, the chances of the police allowing you to keep your certificates are very low. You would need fairly strong evidence to persuade the police not to revoke your certificates, even if you are not convicted of a criminal offence, but, for example, are reported to the police over it.
Evidence to support domestic abuse would include phone messages, direct evidence from your partner, etc. It is not for me to advise readers on how to manage their relationships, but the best advice I can probably give is to walk away from arguments.
Other conduct which causes the police concern are neighbour disputes, fights, arguments, driving offences and acrimonious separations.
All of the above also apply to both firearm and air weapon certificates, but the difference with those is that there is an additional factor which the police will take into account. That is the fitness of the individual.
This is where individuals’ habits or health can come into play. I will deal with health in the third of my articles, particularly when it comes to the application process, but if the police are aware of a drink problem or even discovering that someone has taken recreational drugs, it is almost inevitable that firearm certificates will be removed. They will obtain a report from your doctor which will cover any health issues.
The best proactive advice I can give you in such circumstances is:
• Seek help where appropriate.
• There are welfare bodies who will be prepared to assist, including the Gamekeepers’ Welfare Trust, which is an excellent organisation to help gamekeepers.
• Be transparent with the police.
My experience of dealing with the police is that they are unreasonable, but they much prefer to deal with people who are upfront and honest with them. If that involves a temporary period of guns being placed with a third party or in storage, or if it involves the police allowing you to continue to hold guns but on the understanding that you will seek treatment and that you will remain in contact with the police, I have found that that is a constructive way of retaining firearms, particularly when the alternative is removal or revocation. However, at the heart of that is a transparent and open discussion with the police, because a critical part of firearms licensing law is based on trust.
I am always happy to assist any firearm and shotgun certificate holder across Scotland and I am happy to have a chat with certificate holders for no charge and with no obligation, to provide outline advice on circumstances and to guide them on how best to deal with a particular situation should it arise.
You can reach me on my contact details below.
David McKie
LEVY & McRAE
dmckie@lemac.co.uk
07711 302100
