Over the limit and FAC

NewForester

Well-Known Member
I met someone at a local party yesterday who told me that she was not drinking because she was driving, which of course is very sensible.

But the reason that she was taking it so seriously was that should she be stopped by the police and be over the limit she would have her firearms certificate revoked. (We are down in Hampshire.)

Is this the case?
 
I don`t know If It would be an automatic revoke, but It would be seen as disregarding the law.

Best not to chance It anyway.
 
I met someone at a local party yesterday who told me that she was not drinking because she was driving, which of course is very sensible.

But the reason that she was taking it so seriously was that should she be stopped by the police and be over the limit she would have her firearms certificate revoked. (We are down in Hampshire.)


Is this the case?
Possibly yes. There was a test case, the police (not in Hampshire) convicted a drink driver and revoked his Certificate, he appealed and lost, as I recall it the Police argued sucessfully that given his general attitude to the offence proved that he was not a fit person to be entrusted with a firearm

HO guidance page 67:-b) Chief Constable of Essex v Germain (1991),
where the court ruled that a chief officer
was entitled, in revoking a shot gun
licence, to take into account the certificate
holder’s drink driving convictions. It was
felt that this demonstrated irresponsibility
and lack of self-control and justified the
chief officer believing there was a future
risk to the peace involving the shot gun;
 
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It would not necessarily bring about an automatic revocation however it is sometimes an indication that the person may have a slightly too close relationship with the bottle and following some further investigation this can lend itself toward a revocation being made.

ATB

Rob
243Sako
 
But the reason that she was taking it so seriously was that should she be stopped by the police and be over the limit she would have her firearms certificate revoked.

The fact that there's a good chance she might kill someone on the way home should be reason enough.... but fair play to her for taking the sensible option :tiphat:
 
If you can't be trusted not to drink and drive then I think you can't be trusted to posess a firearm.
If you want to drink get a taxi home or a lift from someone sober.
The lady took the sensible option.
 
Its not automatic, but a very good chance that you will if you are caught a report is done by your local coppers and sent to the Chief Constable who will decide whether you keep your ticket or not.
 
Hi All i know its not a definate revoke of your certificate i knew a guy that this exactly happened too, they can try n revoke u r license however your actions were absoloutely nothing to do with your liscence the whole thing about disrespecting the law or your responsibilities have got nothing to do with it, in a court of law you would win your right to hold your certificate im almost sure of that i know some one like i said that has been through this, however i agree its not clever to be in this situation and commend the girl for making the correct and sensible descision, look at it on the other side of the coin i have also HEARD of people who have convictions for voilence and have been given a ticket ? so i think the whole dd thing may fall lower on the list of revokation priorities, may i say again good on the lady for keeping a clear head and making a sensible descision BRAVO to her .....
 
Hi All i know its not a definate revoke of your certificate i knew a guy that this exactly happened too, they can try n revoke u r license however your actions were absoloutely nothing to do with your liscence the whole thing about disrespecting the law or your responsibilities have got nothing to do with it, in a court of law you would win your right to hold your certificate im almost sure of that i know some one like i said that has been through this, however i agree its not clever to be in this situation and commend the girl for making the correct and sensible descision, look at it on the other side of the coin i have also HEARD of people who have convictions for voilence and have been given a ticket ? so i think the whole dd thing may fall lower on the list of revokation priorities, may i say again good on the lady for keeping a clear head and making a sensible descision BRAVO to her .....
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No not a definite revoke, and the area you are in may have some relevance, in my area its 95% + that you will have it revoked for a dd conviction.
 
In my county it's two strikes and you're out. The assumption second time round is that you have a problem. That seems to be the sensible and pragmatic approach that most FLD's adopt.
 
I think the person referred to in the HO guidance had serial dd convictions, that said it wouldn't look good if you were too drunk to stand etc. even for a first offence
 
There is a guy i have shot with a few times over the years who still hold's a sgc and a Fac who has lost his driveing license 3 times for DD the last time was about 3 years ago:cuckoo: .

Bob
 
Incidentally non driving drunkeness offences such as drunk in charge, drunk & disorderly or treatment from your GP for serious drink addiction can lead to a revocation
 
slightly off topic . a mate of mine was on holiday in england , driving in a strange city he turned down a one way street the wrong way and was stopped by the police and fined,,,within a month of returning home he recieved a letter from our chief of police "warning about his future conduct "
 
you know after these boxing day shoots, when some of us need a lift home because lets be honest we're a bit festived. What the story with being drunk in charge of a shotgun say?
 
It is a criminal act ,which make you a unsuitable person to hold a firearms certificate .

I've often wondered how many people that drink drive would put a loaded gun in there mouth
 
Yep you will loose your licence I would say, and I have known several men that have through drunk driving. You are not deemed a respomsible person, and therefore your certificate is likely to be revoked.
 
You could be considered "Of intemperate habits", you don't need much for the law to have any reason to put you under the microscope, & then the Chief Constable can make his own mind up.
 
It seems to me that a tot or two is generally not frowned upon during a days shooting infact a hip flask is quite often common place amonst shooters on a cold day along with a couple of beers at the lodge or local hostelry prior to the journey home . i certainly wouldnt want to be caught drink driving along with being in posession of a shotgun and or a firearm but i must confess i have had a tipple on the odd occasion prior to the journey home .
 
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