‘COMMON CARRIERS’ OF FIREARMS AND AMMUNITION
As all dealers know, transfers of firearms have to be ‘face to face’ or have to be sent from one dealer to another for the end customer to collect. There are therefore a lot of firearms being sent around the country between dealers and from importers and suppliers to dealers, and so on. These transfers are carried out by a very limited number of carrier companies. You would think this would be a reasonable business to be in, but there is a distinct lack of courier companies willing to undertake this work.
Parcelforce, the main player in this field, has recently been the subject of considerable criticism from the gun trade. They are in the process of changing their systems, including the re-introduction of scanning firearms on collection. That will hopefully reduce the number of missing or incorrectly delivered items. There have been lengthy discussions between the GTA and Parcelforce and there is hope of improvements on the horizon. The GTA will continue to make the case for the trade.
All carriers that transport firearms in sections 1 and 2 come within Section 9 of the Firearms Act, which refers to them as ‘common carriers’. This permits the carrier and their servants to have possession of firearms and to deliver them within the ordinary course of their business, and without any further authority. The exemption does not extend to items within section 5.
The only legal obligation placed on a carrier is to take reasonable precautions for the safe custody of the firearms and ammunition and to report any loss immediately (Section 14 of the 1988 Act). Dealers are expected to disclose to carriers that they are consigning firearms or ammunition.
Readers will be aware that a number of firearms consigned by dealers in recent times have gone missing. It appears this has been partly due to carriers not correctly logging them in at the point of collection. There have also been recent criminal actions including the theft of a significant quantity of FAC air rifles in transit from the UK to Spain. These various events have raised concerned amongst law enforcement. This is now being flagged as a ‘cause for concern’. Obviously, further restrictions on the ability to transfer guns safely will have an adverse effect on the trade. It is therefore important that these issues are resolved and that confidence is maintained in the ability to ship firearms without the risk of loss.
WHO IS ULTIMATELY RESPONSIBLE IF THERE IS A LOSS?
Assuming the dealer has acted properly and has disclosed to the carrier that firearms or ammunition are within the package, the carrier commits a criminal offence if they do not take reasonable precautions to avoid the loss. This would not be the responsibility of the dealer. However, there is little doubt that a dealer who employed a carrier who was careless on a regular basis would not be an RFD for much longer.
In terms of financial liability and a civil claim, that would be the responsibility of the carrier to recompense the owner of the goods in relation to any financial loss. All carriers should have insurance.
The police are bound to take a more favourable view of the carrier’s actions if they have in fact taken ‘reasonable precautions’ to secure the load. An important factor in this will be an ability to identify the location of the item, and the person responsible, at the time of the loss. An immediate report to police is also important. It is also advisable that the carrier informs the consignor without delay so that they can report the matter to their firearms licensing department. As dealers are aware, details of lost and stolen firearms are then circulated to the trade.
These issues are becoming increasingly important. The trade has to be vigilant and ensure, as far as possible, that the existing arrangements are operated effectively. The ability to transfer firearms and ammunition easily, efficiently and safely is essential for the gun trade. It is (literally) out of the dealer’s hands once a firearm is consigned, but we need to encourage a safe system. Without the system being accepted as working safely, the risk is that legislation may be brought in which will have a significant impact on the trade.