FIREARM AND SHOTGUN APPLICATIONS: THE IMPORTANCE OF MEDICAL DECLARATIONS

One of the key considerations for Chief Officers of Police in deciding whether to grant or renew a firearm or shotgun certificate is whether the applicant has any relevant medical condition that could affect their ability to safely possess a firearm without danger to the public safety or the peace. Lachlan Nisbet explains why full transparency is not just advised but essential for anyone applying for or renewing a certificate.

The onus is on the applicant to disclose any relevant medical conditions when completing their grant or renewal application, and to approach their GP or a suitably qualified GMC-registered doctor to provide information to the police to assist them in their decision.

This information is usually supplied by completing a medical proforma (attached to the current version of the application forms) that the doctor can complete and return. Doctors should not be asked by the police to give general access to an applicant’s medical records as this would likely give rise to data-protection issues.

RELEVANT HEALTH CONDITIONS

The February 2023 Statutory Guidance for Chief Officers of Police provides a non-exhaustive list of potentially relevant medical conditions as follows:

(i) Acute Stress Reaction or an acute reaction to the stress caused by a trauma, including post-traumatic stress disorder;

(ii) Suicidal thoughts or self-harm or harm to others;

(iii) Depression or anxiety;

(iv) Dementia;

(v) Mania, bipolar disorder or a psychotic illness;

(vi) A personality disorder;

(vii) A neurological condition: for example multiple sclerosis, Parkinson’s or Huntington’s diseases, or epilepsy;

(viii) Alcohol or drug abuse;

(ix) Any other mental or physical condition or combination of conditions that may affect the safe possession of firearms or shotguns.

The disclosure of a diagnosis of one or more of the above medical conditions should not automatically be an absolute bar to obtaining a shotgun or firearms certificate, and ultimately the Chief Officer of Police has discretion whether or not to grant or renew certificates. The Chief Officer should carry out a balancing exercise considering whether, for example, the diagnosis is recent, whether it is well managed and whether it impacts on the applicant’s ability to hold a certificate without being a danger to the public safety or the peace.

When relevant medical conditions are disclosed during the application process it may be beneficial for applicants to take a proactive approach and provide additional information such as reports from specialists, who perhaps may have been involved in ongoing treatment, as this may assist the Chief Officer in their decision making and help to allay any concerns.

Indeed, the police can request that an applicant obtains and pays for a medical report to assist with their consideration of the application, so providing this at an early stage can show willingness to engage with the process.

WHAT HAPPENS IF RELEVANT MEDICAL CONDITIONS ARE NOT DISCLOSED?

The ‘Personal Health & Medical Declaration’ section of the application poses the question:

“Have you ever been diagnosed with or treated for any of the medical conditions in note 5 (set out at (i) to (ix) above)?” If the answer is ‘Yes,’ there is a space for the applicant to provide further details.

It might be tempting for an applicant to omit parts of their medical history that they perhaps think are no longer relevant to the application, but the consequences of doing so are extremely serious. Failure to disclose a relevant medical condition, or indeed make any false statement for the purpose of procuring a shotgun or firearms certificate, is a criminal offence that carries a maximum sentence of six months’ imprisonment, and/or a fine. It is also highly likely to result in the revocation of certificates or a refusal of future applications. It is therefore crucial for applicants to be entirely transparent.

Failure to facilitate the provision of information by a medical practitioner can also cause practical issues such as a delay in the processing of the application. The application form also states that the details of GP practices from the past 10 years should be provided, along with any other medical professionals who have been consulted, so that the police have all the relevant information before them to make their decision. Again, failure to do so can cause delays or indeed have more serious consequences.

If an applicant thinks they may be suffering from a relevant mental health condition but they have not previously sought help, the trial of Project Titanium may cause difficulties. While the main objective of Project Titanium is to reduce incidences of domestic violence, domestic partners are asked to complete questionnaires that include a question asking whether the applicant would seek help for a mental health issue. It is therefore in the applicant’s best interests to be honest with their GP and seek medical help if it is required.

WHAT HAPPENS IF A RELEVANT MEDICAL CONDITION ARISES DURING THE TERM OF THE CERTIFICATE?

When an application for a shotgun or firearms certificate is made and subsequently granted, the GP is asked by the police to add a marker to the patient’s record to state either ‘firearms application made’ or ‘firearms held’, depending on the status of the application. The police must also advise the GP when an application is refused, or when a certificate is revoked, cancelled or has expired, so that the firearms marker can be removed.

While doctors owe a duty of confidentiality to their patients, they also have a wider duty to protect their patients and the general public. Therefore, though there is no requirement for GPs to actively monitor patients who are certificate holders, they should consider notifying the police if they become aware of any change in a patient’s circumstances that means that they may no longer be able to hold a firearm safely. The police may then decide to carry out a review of the certificate holder and may consider revoking the certificate.

The key message, therefore, is that relevant mental or physical health conditions are not an absolute bar to being a certificate holder and should be reviewed on a case-by-case basis. The best approach is to be transparent with the police and any medical professionals about any relevant health conditions, and to take a proactive and pragmatic approach in both the management of the conditions and the disclosure of additional information that may assist with the decision-making process.

GET IN TOUCH

0151 600 3420

07955 200 607

Lachlan.nisbet@brabners.com

www.brabners.com