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Thread: Over the limit and FAC

  1. #1
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    Over the limit and FAC

    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?

  2. #2
    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.

  3. #3
    Quote Originally Posted by NewForester View Post
    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;
    Last edited by timbrayford; 24-12-2011 at 19:59. Reason: HO guidance

  4. #4
    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

  5. #5
    Quote Originally Posted by NewForester View Post
    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
    "It's halfway down the hill, directly below that tree next to a rock that looks like a bell-end"

    Good deals with ~ deako ~ sakowsm ~ dryan ~ 2734neil ~ mo ~ riggers ~ mmbeatle ~ seanct ~ an du ru fox

  6. #6
    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.

  7. #7
    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.

  8. #8
    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 .....

  9. #9
    Quote Originally Posted by gamegunner View Post
    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 .....
    #

    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.

  10. #10
    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.
    If I'm going to be accused of it then it's just as well I did it.

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