Firearms licensing: firearms
Fitness to be Entrusted with Firearms
This section offers guidance on the issues of a person's fitness to be entrusted with a firearm.
It follows Lord Cullen's recommendation in
his report into the shootings at Dunblane. It is issued without prejudice to what a court may decide constitutes "fitness" and contains a list of factors which are not intended to be exhaustive or prescriptive.
Legislative provisions
Section 27(1)(a) of the 1968 Act (as amended) states that:
"A firearm certificate shall be granted where the Chief Officer of Police is satisfied that:
- the applicant is fit to be entrusted with a firearm to which Section 1 of this Act applies, and
- is not a person prohibited by this Act from possessing such a firearm."
Section 30A(2)(a) of the 1968 Act (as amended) states that:
"The firearm certificate may be revoked if the Chief Officer of Police has reason to believe:
- that the holder is of intemperate habits or unsound mind or is otherwise unfitted to be entrusted with a firearm."
Determining "fitness"
The Chief Officer of Police must, when assessing an application for, or revocation of, a Firearm Certificate, consider the following factors:
Prohibited persons and others known, or suspected, of criminal involvement
The matter of prohibited persons is explained elsewhere.
Consideration must also be given to any previous convictions or cautions held by applicants and, in particular, any convictions which involve the use of a firearm and offences involving violence, or offences involving dishonesty or a disregard for public safety, or cautions held by such persons for offences such as failure to comply with conditions on a Firearm Certificate.
Information contained in criminal intelligence will be assessed paying particular regard to alleged or known involvement in criminal offences, particularly those involving the use of violence or threat of violence, or firearms, or evidence of associations with known criminals.
Intemperate habits
Evidence of alcohol or drug abuse may indicate that a person is unfitted to possess a firearm due to the possible impairment of judgement and loss of self control.
Evidence of aggressive or antisocial behaviour which may include domestic disputes or evidence of hostility likely to
lead to violent acts against particular groups categorised by, for example, race, gender, sexual orientation, religion or class.
Evidence of disturbing and unusual behaviour of a kind which gives rise to well founded fears about the future misuse of firearms. A pattern of abuse will generally be regarded more seriously than a single incident, although "one-offs" will not be disregarded in building up an overall picture of the person concerned and their fitness to possess firearms.