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Thread: What is the cost of appealing refusal of a variation?

  1. #1

    What is the cost of appealing refusal of a variation?

    I couldn't see that this has been covered elsewhere so here goes!

    A friend of mine is new to deer stalking. I have taken him out stalking several times, and he has shot 5 deer with me. He is coming on a red stalking trip later in the year so I suggested he get his own rifle. He put in a variation for a .308 (as he already has a .22lr and a .223). With his variation he submitted a letter from me about his experience and a letter from our red booking later in the year, which states a minimum of .30 cal.

    FEO came out and said 'we don't hand them out down here' but he would 'try' for him!

    Refusal when he has experience and a booking for an actual trip would be odd, because thats what forces always want, evidence of where it will be used, but I understand that you only 21 days to appeal following a refusal.

    Can anyone tell me what is involved in appealing? Would he need representation? What are the costs if he wins? What are the costs if he loses? As time would be short if he was refused, thought I should do the research before it potentially happens. Any help much appreciated....

  2. #2
    I would suggest the FEO should have been a bit clearer. IMO he should KNOW whether he is going to get the variation or not. it is on the basis of his discussion anyway so why wouldnt he?

    as for costs etc of an appeal I couldnt tell you.
    I wouldnt hold out much hope, it is down to personal opinion and interpretation of the law on the force involved

  3. #3
    Am I right in thinking that there has not actually been a 'refusal' yet?
    If there hasn't, I'd wait and see.
    Last edited by Dalua; 13-03-2011 at 19:16.

  4. #4
    Now this is probably a good time to be with BASC.

  5. #5
    Quote Originally Posted by 1995rs View Post
    Now this is probably a good time to be with BASC.
    It is always a good time to be with BASC!

  6. #6
    Quote Originally Posted by stalker.308 View Post
    As time would be short if he was refused, thought I should do the research before it potentially happens. Any help much appreciated....
    As I said above we are pre-empting a worst case scenario as time would be short to start making these enquiries before he is over the 21 days to appeal it. He has not been refused yet and I would not have thought they possibly could refuse, but each force acts differently.

  7. #7
    He hasn't been refused yet so it's maybe a bit of posturing. Do NWP have previous form on this?

    The book says the main criteria for a grant or refusal are Public Safety and Good Reason. He's an existing FAC holder so surely only the second consideration applies... unless they think he's too inexperienced as a deerstalker.

  8. #8
    Quote Originally Posted by Sinistral View Post
    He hasn't been refused yet so it's maybe a bit of posturing.
    'Posturing' is harsh!

    The job of the Applicant is to make it straightforward to the FEO to grant his request.

    Here, we have a FAC-holder who already has experience of using .22LR and .223, has documented evidence of stalking experience, has evidence of booked stalking for later in the year.

    The FEO, who clearly has little experience of issuing rifles other than for vermin control, has expressed his surprise at being asked for a .308 but is going away to think about it. As he is more or less bound to follow the HO Guidance, it is difficult to see what might prevent approval of the variation.

    In fact, if I were the applicant and the variation were turned down I would immediately write to the FLD manager asking if it was a clerical error.

  9. #9
    Tell your friend to contact his firearms licensing dept and ask to speak to the manager its his/ her decision who gets what and who gets refused the officer can only make a recomendation in cheshire the manageress is very strict what happens

    Mark

  10. #10
    Quote Originally Posted by mark@mbb View Post
    Tell your friend to contact his firearms licensing dept and ask to speak to the manager its his/ her decision who gets what and who gets refused the officer can only make a recomendation in cheshire the manageress is very strict what happens

    Mark
    If the FEO is not sure how the Manager will respond it is not unreasonable for him to be a bit downbeat about the chances of approval. I'd be inclined to let him get on with it in the first instance, and see what happens next.

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