FAC with a conviction

Joe_herts

Well-Known Member
Hi All

I'm new hear and this may be in the wrong section or asked a million times!.

I have recently got back in contact with an old friend we bumped in to eachother at a clay ground in Herts. He has a shotgun licence but has been to jail for GBH back when he was 17_18 ish and got 2.5 years,I was in court when this happened watching. How is this possible? He is also applying for his FAC as he has land to shoot. Will he get it? The police can't see him as a danger to the public as he has a shotgun and he is not prohibited, I've never heard of this as it's a conviction for violence. As far as I'm aware he has no other convictions, he's now got a family etc.I want to ask him how he got it but don't want to annoy him or bring up his past.
 
How long ago was this, how old is he now?
People change as they get older and hopefully wiser..
Why are you so concerned as to put a post on the forum?
I don't think he is 'an old friend' at all - maybe an 'old enemy'.
The police would have gone into his past with a fine toothcomb and he would not have been given a SGC if they were not satisfied that he was not a danger to the public.
 
He is 33 now I think.
I'm not concerned just surprised as most things I've read say that with a violent conviction you can't get one. And he is an old friend not at all an enemy we grew up together just lost contact when he moved away after he come out of jail but is now back.
 
Every case is determined on its own merits. So long as the person isn't prohibited by law (served over 3 years) then they are free to apply and the police must make an assessment on their suitability the same as everyone else.
 
My old boss had a good mate who when he was a lot younger got a sentance for something similar and in his 40s got back both his FAC and SGC.
One of those stupid pub brawls gone wrong if I remember rightly
 
I've heard of forces revisiting contentious cases and they take the guns until the case has been re-decided. If for example an FLO gets the sack for sloppy work, poor decision making, not following procedure, inconsistancies in work etc, then chiefy can have all their work reviewed.

I am being told that such a situation is going on with my force at the moment, but I just have one persons word for it.

There is the 6 month sentence rule in place where you are prohibited from owning guns for life if you serve a sentence longer than 6 months and I thought that was written in law.
 
Section 21 Firearms Act 1968

Date Updated: January 2012
Title: Firearms
Offence: s 21 Possession of firearms by persons previously convicted of crime.

  1. A person who has been sentenced to custody for life or to preventive detention, or to imprisonment or to corrective training for a term of three years or more or to youth custody or detention in a young offenders institution shall not at any time have a firearm or ammunition in his possession.
  2. A person who has been sentenced to imprisonment for a term of three months or more but less than three years or to youth custody or detention in a young offenders institution for such a term, shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.


Taken from wikipedia: "Application may be made to a court to reverse these prohibitions and this is likely to be successful in relation to convitions for crimes which do not relate to a persons fitness to possess firearms."

Looks likely the prison sentence wont be a problem.
 
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One of the cornerstones of the criminal justice system is that once you have served your sentance you then have a clean slate and have the opportunity to become a full member of society with all it's privileges. Over the last few years this has been eroded away. Plenty of people do something stupid, especially when they are young, do their time and then get on with their lives. If they are now fit and proper, why should n't they hold a FAC.
 
One of the cornerstones of the criminal justice system is that once you have served your sentance you then have a clean slate and have the opportunity to become a full member of society with all it's privileges. Over the last few years this has been eroded away. Plenty of people do something stupid, especially when they are young, do their time and then get on with their lives. If they are now fit and proper, why should n't they hold a FAC.
Unfortunately it's not that straight forward, statistically a high percentage go on to re-offend (on average around 1/3)
Put yourself in the position of the licensing manager who's job it is to deem this person suitable to possess firearms :confused:

https://www.gov.uk/government/uploa...e/192631/proven-reoffending-jul-10-jun-11.pdf
see the stats for yourself here...
 
He's obviously done his time and not put foot a wrong since, prison/YOI in this case has obviously worked, people change a lot in 12 years particularly when they were 17/18 at the time the guy deserves a break and a bit of trust that an FAO has given, probably a long interview and direct discussions with references. If he puts a foot out of line he can say goodbye to his hobby and he probably understands that.
 
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