FIREARMS SECURITY

As we all know, or should, the Firearms Act 1968 (as amended) broadly provides for the imposition of conditions subject to which shotgun and firearms certificates are held and creates a criminal of fence where such conditions are breached, writes Lachlan Nisbet. By far the most frequent criminal allegations that we advise upon in this field relate to security. As the holder of a firearm or shotgun certificate, you are required to comply with the “security conditions” on your certificate, namely conditions 4 (a) &(b).

CONDITION 4 (A)

“The firearms and ammunition [or shotguns] to which the certificate relates must at all times (except in the circumstances set out in paragraph (b) below) be stored securely so as to prevent, so far as is reasonably practicable, access to the firearms or ammunition by an unauthorised person.”

CONDITION 4 (B)

“Where a firearm or ammunition [or shotgun] to which the certificate relates is in use or the holder of the certificate has the firearm with him for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the firearm or ammunition is in transit to or from a place in connection with its use or any such purpose, reasonable precautions must be taken for the safe custody of the firearm or the ammunition.”

Clearly, there cannot be a one-size-fits-all formula guaranteeing compliance with these conditions — each case will be fact specific.

GUN CABINETS, SAFES AND THE SECURE STORAGE OF AMMUNITION

Firearms are most commonly stored in cabinets or safes that may be considered suitable to provide resistance to attack equivalent to British Standard (BS 7558/1992).

In non-commercial situations the police like to see cabinets situated in discrete areas so as to limit obvious identification by visitors to the address. They may also query fixing methods. Often, they will try to impose the use of rawl bolts (or similar) which can be damaging to block and brickwork. Chemical fixing methods are used widely in the construction industry and are, in my view, more than adequate for fixing cabinets.

Safes can also provide physical protection that would exceed even that expected on a cabinet constructed to BS7558 / 1992. However, the weight of the safe, floor loading implications, and lock mechanisms, are some of the important considerations that should be applied as appropriate.

Section 1 ammunition must be stored securely and separately, ideally in a different secure location — often in a separate compartment within the gun cabinet. Shotgun cartridges need not be secured in the same way as section 1 ammunition.

It should be remembered though that the certificate holder’s obligations are “preventing, so far as is reasonably practicable, (SFAIRP) access to the firearms or ammunition by an unauthorised person” when the weapon is not being used or transported (paraphrasing) or “taking reasonable precautions for the safe custody of the firearm or the ammunition.” In other circumstances, SFAIRP is terminology most commonly discussed in the law relating to health and safety, and so to some extent we can borrow from the decisions made in those types of cases. The term recognises the myriad situations which might present when considering firearms security. For example, an individual living in an area of central London with high burglary rates and gun crime and who holds multiple weapons perhaps of high value, and perhaps a humane dispatch weapon, will be expected to employ a far higher standard of security than a person who lives in a very remote area and who keeps only one cheap workhorse of a shotgun.

Travelling with firearms can present difficulties. Many will know of the unfortunate incident in 2014 where Police Scotland were called out by staff at the Malmaison Hotel in Dundee when well-known shooter Rachel Carrie had checked in as guest with her shotguns. Generally, when travelling with firearms, you need to plan. Call ahead and make sure you are expected and make sure that wherever you’re going you will be able to put in place sufficient layers of security to meet the legal requirements. Some hotels in shooting areas may have specific facilities but if not, vehicles with gun boxes might be used or alternatively, as is my preference, breaking weapons down rendering the likelihood of anyone being able to piece them together as vanishingly unlikely.

In general terms, when thinking about security of firearms, ask the question, is there more could that I do to prevent the risk of access arising? If anything presents itself that is cheap and easy then you should probably do it.

Breaching security conditions can result in criminal convictions but even if criminal proceedings aren’t taken, your suitability to continue to hold certificates will be reviewed and depending upon the facts may put you off the road for a while — certainly the highest possible standards are expected of an RFD.

Security issues can find keepers in tied accommodation without a job or home and there can be professional consequences, too. Lord Keen KC, a senior Scottish barrister, was convicted of a security offence following a burglary of his property. The consequences for him were an appearance before the Bar Tribunals and Adjudication Service. Whilst there was, undoubtedly correctly, no finding of professional misconduct, I’m sure Lord Keen would have rather avoided the experience. The point, though, is that any personal of professional standing may find themselves receiving police attention as well as interest from their respective professional body.