AM I DEALING WITH A ‘PROHIBITED PERSON’?

Most in the trade will be familiar with this term, but could you actually explain to your customers exactly what it means, and satisf y yourself it does not apply to them? Specialist firearms licensing solicitor Laura Saunsbur y digs into the detail of the firearms prohibition rules.

I was recently asked to advise a keen competitive shooter who wanted to reapply for a shotgun certificate, but had absolutely no idea that he was a prohibited person who was forbidden from handling any firearms as a result of a prison sentence when he was younger, or that he was therefore committing a serious criminal offence every time he went shooting at his local clay ground!

The firearms prohibition rules will apply to anyone who receives a prison sentence of the requisite length, and in some cases for the rest of that person’s life. Surprisingly, though, there does not seem to be a reliable or standardised procedure for informing the individual when they are sentenced in court or released from prison that they are subject to a firearms prohibition.

It got me thinking that there are probably hundreds if not thousands of people who are similarly taking part in shooting activities without appreciating they are a prohibited person. If you run a retail business as a firearms dealer or are the owner/manager of a shooting ground, as good practice you should be carrying out appropriate checks to ensure that you are not facilitating a prohibited person having access to firearms or ammunition.

The details of the prohibition rules can be found in section 21 Firearms Act 1968. In summary, if you have ever been sentenced to a term of imprisonment or youth detention for a period of three years or more, then you automatically become prohibited from possessing or handling any type of firearm or ammunition for the rest of your life. Where you have been sentenced to at least three months in custody but less than three years, including a suspended sentence, you are likewise prohibited from possessing all firearms and ammunition for a period of five years from the date of your release. Those who receive a suspended sentence begin their five -year prohibition on the second day after the passing of the sentence. These rules apply whatever the nature of the offence, and the prohibition includes possession of low powered air weapons which do not require a license, antique firearms kept as a curiosity rather than for use, and even blank ammunition.

If a person who holds a firearm and/or shotgun certificate, or is a registered firearms dealer, receives a prison sentence which results in them becoming a prohibited person, the police are then under a legal duty to immediately revoke that person’s certificates. It is therefore a reasonable assumption that anyone who presents a current valid certificate to you, for example for the purchase, hire or loan of a firearm, shotgun, or ammunition for either, is not a prohibited person.

However, it becomes less straightforward when you are supplying items which do not require any kind of certificate to purchase or possess them, for example low powered air weapons and ammunition or sound moderators for use with them. Responsibility rests primarily with the individual purchasing or taking possession of such items. However, you don’t want to find yourself facing awkward questions at your next RFD renewal about what enquiries you make of your customers because it has come to light that you sold several air pistols to a former drug dealer who served a lengthy prison sentence. Your customer may have lied to you, but if you can show the police that you asked the right questions and did your due diligence, you will be in the clear.

Readers will also be aware that there are a number of circumstances where members of the public who do not hold any kind of certificate can legally have possession of firearms, shotguns, and their ammunition, for example full members of a Home Officeapproved rifle and pistol club, visitors to a miniature rifle range, or a clay shooting ground approved by the local police, as well as the loan of firearms or shotguns on private land where the lender has permission to shoot and supervises the borrower’s use of the gun. However, it is important to note that none of these exemptions for non-certificate holders are ever available to anyone who is a prohibited person.

It is therefore considered good practice where you run a retail shop, shooting club or ground to require anyone who is being placed in permanent or temporary possession of any kind of firearms or ammunition without having produced a certificate to sign a declaration confirming that they are not a prohibited person. Anyone who does not really know what that term means is likely to sign the declaration in ignorance, assuming it does not apply to them. So, rather than a bald legalistic statement which simply asks people to sign confirming they are not prohibited under section 21 of the Firearms Act 1968, you may wish to consider including a brief explanation on your declaration form of the prison sentences included in the rules and the length of the corresponding prohibition.

Finally, it is worth noting that you will be committing a criminal offence if you transfer a firearm or ammunition to another person whom you know or have reasonable grounds for believing to be prohibited. Having said that, it will only be in rare cases where the police would be able to demonstrate that the person making the transfer knew or believed that the receiver of the firearm or ammunition was a prohibited person.

“THE FIREARMS PROHIBITION RULES APPLY TO ANYONE WHO RECEIVES A PRISION SENTENCE OF THE REQUISITE LENGTH”

IMAGE: SHUTTERSTOCK - KVOLODYMYR HERASYMCHUK