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Thread: Threat of Certificates being revoked, despite being found not guilty in court !

  1. #1

    Threat of Certificates being revoked, despite being found not guilty in court !

    Can the police revoke your FAC and Shotgun certificates, after a malicious accusation of assault by an vindictive ex partner - despite the individual being found not guilty in court and being completely exonerated by the magistrates in their summing up. I would add that there wasn't a single mark on the lady, all he had done was hold on to her arms as she was drunkenly punching him at the top of a steep set of stairs, so he couldn't just walk away as he usually does and risked serious injury if he fell. It was just her word against his.
    In court under examination she admitted to hitting him on a number of previous occaisions.

    He has no criminal record and no previous whatsoever, not even driving convictions. SG holder for 20 years and FAC for 15 years entirely without incident. He has no medical record of anything. He fully co operated with the police and behaved in an appropriate manner all the way through the ordeal of the trial and bail.
    Its been five months since he was found not guilty and 7 months since he surrendered his firearms.
    He made an application to the firearms dept to get rifles back, but they sent him a letter saying they were considering revoking his certificates as they believed he represented a danger to the public and peace, as concerns had been raised about his behaviour and emotional state whilst at the police station. This was a complete fabrication, he had behaved perfectly normally like any member of the public, so he contacted the policeman in charge of his case who confirmed this and was willing to vouch for his good behaviour.

    However they allowed him a chance to write a letter of appeal, which he did. He recently had an interview with the firearms liasion officer and now has to wait another three months before they make a descision. His certificates expired during this process, so he put the renewals in as usual.

    I have a bad feeling about all this, is he better getting a specialist firearms lawyer on the case now, or should he wait the three months until they make the descision. Do they drag the process out hoping he will just give up, plus I would imagine the firearms department is overstretched staff wise as in the past there has been a long delay before new certs arrive after the expiry date of the previous certificates.

    Also he has made a number of requests to have his firearms oiled as some of them are valuable. He was told on one occasion that he couldn't as they had been sealed up ??? and nobody has ever been in touch back after his other requests.

    Unfortunately he wasn't a member of BASC that year, but he certainly will be in the future. LET IT BE A LESSON TO ALL TO JOIN A SHOOTING ORGANISATION.
    Last edited by lincolnjefferies; 26-03-2013 at 16:36.

  2. #2
    He certainly needs a solicitor to act on his behalf. My friend had all his gear taken pending a court case in Carlisle but when the charges were dropped it took 3 weeks to get his stuff back and that was with a solicitor acting on his behalf to sort it out.

    The firearms dept need the details of the case and outcomes put right to them with some authority behind it. It sound like because of the outcome of the case they should be required to hand them back but pressing the right buttons to speed up the process is a solicitors work for sure.

  3. #3
    He can also get is local RFD to collect them and store at is place but he may charge for storage, but they will be in safe hands thats what i did.

  4. #4
    Many thanks for the good advice from you both !

  5. #5
    Afraid they seem to do as they like, a close friend of mine lost his license for three yrs, over a alleged phone call to his ex partner, no evidence, he reapplied every year, even had a meeting with the chief constable.

  6. #6
    Quote Originally Posted by Taff View Post
    Afraid they seem to do as they like, a close friend of mine lost his license for three yrs, over a alleged phone call to his ex partner, no evidence, he reapplied every year, even had a meeting with the chief constable.
    Your friend needs to judicially review the decision not to give him his guns back prior to this he needs to start pre action
    never appeal they are allowed to do what they want review the decisions is the was forwarded cost less in long rurun also next time never give them your guns quote bill of rights

  7. #7
    Quote Originally Posted by 458lott View Post
    Your friend needs to judicially review the decision not to give him his guns back prior to this he needs to start pre action
    never appeal they are allowed to do what they want review the decisions is the was forwarded cost less in long rurun also next time never give them your guns quote bill of rights
    ????????

  8. #8
    Quote Originally Posted by 458lott View Post
    Your friend needs to judicially review the decision not to give him his guns back prior to this he needs to start pre action never appeal they are allowed to do what they want review the decisions is the was forwarded cost less in long rurun also next time never give them your guns quote bill of rights
    In English?

    Just to note that there is no such thing as a "Bill of Rights" in the UK.

    If he has applied for a renewal, and they decline he then has the right to an appeal, as he would against a revocation. A decent firearms savvy lawyer is a must though!

  9. #9
    To be pedantic there is an ancient Bill of Rights...1689 to be precise...and one of its provisions enshrines the right of 'protestants to have arms for their defence WITHIN THE RULE OF LAW' and rambles on about 'armed papists'. This ancient piece of legislation is totally irrelevant to todays fire-arm legislation. Anyone stupid enough to follow the advice given above and refuse to allow the police to seize their weapons..'give them your guns'...would never ever get them back. If the police want them ...they'll take them. If their seizure is wrong or unlawful your only recourse is the courts, you simply cannot refuse to 'give them your guns', and quote 17th century legislation at them. They'll just laugh at you while they cart your guns...and you....down the path!

    Yet another reason to join a decent shooting orgaization!

  10. #10
    Sorry, yes of course you are correct. I was forgetting my ancient history.

    Also, as you say, it is entirely irrelevant to any discussion of our ability (or supposed "right") to own, keep, use or otherwise bear arms.

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