Another gun seizure

dga3240

Member
Hi Everyone, I am a new member here. I am an active pensioner farmer in Scotland but no longer a member of BASC. I am not sure who to turn to for qualified advice but this seems the best place. I no longer shoot for sport but I do need my gun and rifles for vermin control on the farm. I regard them as necessary tools of trade, like a chain saw or a tractor, and when I need them, I need them!

Four police officers arrived at my door in early October stating that they were seizing my guns because they'd received a complaint about my suitability to hold them. They assured me they would be returned when their enquiries were complete. I was asked to sign a form which the police said they would be taking away with them. I was assured that it was just a receipt. That alerted my suspcions as if anyone needs a receipt, it should be me! On closer examination, I discovered they were asking me to sign a form agreeing to the permanent surrender of my guns and to their destruction! So be warned! After three tries, the police have still not supplied me with a proper receipt. The last 'receipt' is headed "Received from Chief Constable, Police Scotland, etc" which I am sure I don't need to explain is not correct. It is the police who have received the guns, not me! The guns are of no commercial value but I do need them, so I let this go and put it down to their stupidity rather than duplicity.

OK, a few vital statistics. I am in my 70s and I've held an open FAC for 58 years. I shot my first fallow buck at 18 and have shot plenty of roe and reds since. I was a registered firearms dealer for a few years, ran a successful sporting agency for North Sea oil personnel, participated in the management of several large Scottish sporting estates, etc. etc. I have a clean criminal record and was a land management professional (chartered land agent). I drink sparingly and am of sound mind. If I mentioned my name, some of the older members on here would probably recognise it!

The first thing I did was to refer the matter to my solicitor. Things seemed to be going in the right direction as she was communicating with senior police officers on a first name basis. Nearly three months on and, frustrated by the lack of progress, I suggested that she should write to the chief constable. I got no reply. I left this for a couple of weeks and wrote again. No reply. My confidence in this solicitor has now evapourated. Still no reply after a month. Far too pally with the police, is my thinking, to be of any use as I may still want to bring an action for being deprived on my guns, also for the malicious complaint.

I have done my research and understand the police must follow guidelines in handling these matters. They haven't. I still do not know the nature of the complaint or who made it. I have not been kept up to date with 'progress'. (What progress?). Frankly, Police Scotland seems to be a shambles.

What does make me suspcious is that I have a relatively new neighbour who seems to be well connected. He is the person guilty of what I see as a breach of planning law. Discussions are still going on with the planning department. I cannot say relations with my neighbour have been amicable. His is rather fond of stating "It's my land and I'll do what I want on it" and doesn't seem to understand the unwritten rules of living in the country. I phoned the police to see if anything could be done about his latest clay pigeon shoot just over the fence from my heavily pregnant mares. The firearm officer was surprisingly confrontational as I have always got on well with the local police. I wondered then whether he and my neighbour (a keen shooter) were perhaps mates.The seizure of my guns followed soon after this conversation, so it is possible. I did spend two nights in hospital following a dizzy spell, but the cause was a suspected infection of the inner ear or possibly a minor stroke, and nothing serious. I was out in a couple of days and am fine now. No doubt this could be blown out of all proportion by someone with a malicious imagination -- but my doctor could clarify the matters if asked. She hasn't been. A nurse who visited here every day to attend to a horse thought it hilarious that someone might be suggesting that I was a homicidal maniac.

On the other hand, I have heard where there is a dispute over a planning matter, both parties have their guns seized as routine. I don't know whether that is true but I would accept that. But I would still expect the police to make further inquiries. But if the seizure of the guns was prompted under the "Old Pals' Act" by a serving police officer acting to oblige someone making malicious inferences, that is another matter.

So, wise people, what do I do next? I spoke to my friendly game dealer this evening who was outraged to hear how I'd been treated. Can I find out what the grounds for the complaint are and who made it? Perhaps under the Freedom of Information Act? And what do I do next? I sent a letter to the inspector today simply asking for an update. I gather it is better to say less than more in these situations.

Thanks for reading!
 
I cannot comment on your situation, I have no knowledge or experience to help....but I would suggest you rejoin BASC sharpish. They have been very helpful and supportive to me when dealing with FAC issues.

Best of luck.

Alan
 
I'm not sure how BASC, SACS and the others would repsond to the already-extant problems of a new member. Clearly, if they would take them on, that would be a very cost-effective way to go. It would perhaps be worth contacting appropriate organisations to ask, before joining.

Other than that, assuming funds allow I would contact a solicitor specialising in firearms law.
 
Sounds like you are up against the local 'establishment'. There are legal firms that specialise in firearms issues. They advertise in shooting magazines from time to time.
 
@ Dalua

You may be right. But I can't think why they would not be happy to give their advice to a new member. It is not like a health insurance policy.

Not that it proves anything, but I don't remember reading any caveat about only being able to ask for firearms advice after so many months of membership or for existing issues.

That sort of statement is all over insurance policy applications.

Alan
 
Contact your MP and request a meeting with them. You pay them.
Explain your circumstances.
I have to say that signing any piece of paper without reading it first is foolish, especially if your having your guns taken.
If they ever arrived to take mine, my first call would be to the local firearms dealer. The police wouldn't be allowed to take them, as they do not look after them.
 
Firstly laws re revocation maybe different in Scotland.

On the day of seizure did they present you with a letter of revocation?

I suggest you spend some time on Google, research cases, particularly in Scotland, hopefully there will be a lawyer who is active and effective. If there is get in touch with him.

This is why, despite my hatred of the BASC set up I maintain my membership, when it comes to needing legal advice they are there!

Good luck and keep us posted.
 
This sounds scary to me? So anyone can make a complaint against you and claim your not fit to have a FAC and the police believe them straight away and want to repossess your firearms.

My gut feeling here is that your innocent until proven guilty so here is what I would do. (bearing in mind I have no knowledge of the legal system)
1) get the name of the senior policeman dealing with the matter and deal with them only.
2) get a new FAC renewal document and get the best referee's you know to "update" your granted FAC. (Ideally a highly respected professional that knows you well) and send it to the named policeman via recorded delivery (keeping a copy for yourself)
3) then see what they can throw at you.
4) failing that get legal advice.
 
I think that getting legal advice from somebody who specialises in the field is the best option. I would be careful about antagonising the police as sometimes a structured approach from somebody who knows the system and protocol is far more useful. I know it must be a frustrating time but above all remain calm as you don't want to add any doubt as to your suitability to hold firearms.

Out of curiosity, did the police also take your certificate? I assume they would have. It is important to find out whether your certificate is being held along with your guns (while enquiries are being made) or if it has ben revoked, there is a big difference. It would also be good for you to know what the status of your guns are as you did give permission for their destruction.

I am not sure what you actually signed and maybe it waives this but I would have thought the police would be obliged to inform you of the status of your certificate & guns. You have the right to appeal any decision that is made and that can only be done by informing you of what has been done. Although you may have signed that away and agreed to give up your FAC.

I hope all works out for you.
 
Thanks for all the replies, here and by PM.

First, I only signed the form AFTER I had modified it. So I have not agreed to surrender my guns for destruction. But the way it was done, anyone not alert to the deception would have signed, especially a pensioner, as our generation were brought up to trust the police.

The second point is that the planning matter is still outstanding. I have escalated my complaint to the next level. Has anyone any experience of guns being seized where there is a similar dispute? I can see the reasoning to that if it is standard procedure but the police still need to justify their position, I would have thought.

But what I suspect is that my neighbour has "friends" and has convinced a firearms officer that he feels threatened by me. In other words, he is trying to intimidfte me so I wishdraw my objections to his building works. That will be an interesting situation because I can show he has made false declarations on his applications for planning and that is a criminal offence. Not only that, but he would be guilty of making a malicious complaint, wasting police time,etc. and the firearms officer possibly guilty of an abuse of his position as a police officer. When I have more facts I will try the shotgun (!) approach and fire off letters and copies of correspondence left right and centre to anyone who might be interested.

I am reluctant to engage another solicitor because this is the second time they have ripped me off. My current solicitor admits I know more about planning law than she does and has suggested I deal with that myself.

Thnanks for the replies. Keep them coming! Knowledge is power.
 
I think that getting legal advice from somebody who specialises in the field is the best option. I would be careful about antagonising the police as sometimes a structured approach from somebody who knows the system and protocol is far more useful. I know it must be a frustrating time but above all remain calm as you don't want to add any doubt as to your suitability to hold firearms.

Out of curiosity, did the police also take your certificate? I assume they would have. It is important to find out whether your certificate is being held along with your guns (while enquiries are being made) or if it has ben revoked, there is a big difference. It would also be good for you to know what the status of your guns are as you did give permission for their destruction.

I am not sure what you actually signed and maybe it waives this but I would have thought the police would be obliged to inform you of the status of your certificate & guns. You have the right to appeal any decision that is made and that can only be done by informing you of what has been done. Although you may have signed that away and agreed to give up your FAC.

I hope all works out for you.

My embolding above. Isn't it the sadness of our times that we as shooters have to live in fear of "antagonising the police". Surely each officer has sworn an oath to faithfully do his duty without fear or favour?
 
My embolding above. Isn't it the sadness of our times that we as shooters have to live in fear of "antagonising the police". Surely each officer has sworn an oath to faithfully do his duty without fear or favour?

I agree and think it can be frustrating how easily things can fall apart regarding holding a FAC, this is why some are "in fear" as you put it. It is not too easy to get your FAC but on the other side of the coin very easy to loose it, and by the sound of it in this case and in others, for no reason.

its like the OP says further down the thread, there was a time people were brought up trusting the police now many fear them. My advice was put forward as I believe that the OP can make things a lot worse for himself depending on how he approaches this situation, hence getting advice from an expert in the field.

your last sentence is true but in real life do you believe that it is actually the case?
 
dga3240 - You come across as a reasonable person who has possessed firearms legally for a number of decades who has now fallen foul of the system somehow. But you must realise that what you say is merely one side of a story. I think you will find that as a result, no more than generic advice can be given here and that advice really has already been given.

Were I you, (at the risk of repeating others) I would seek out a solicitor that is knowledgeable in firearms law and instruct him/her. If the solicitor you already had has simply cut you off without reason, then there are avenues to use where you can complain via the Law Society of Scotland. Similarly if the police have taken your guns and not told you why, with no indication of what's going to happen then there may be cause to complain there. Have your certificates been revoked? If that's the case, then again there will be an appeals procedure you can invoke. I'm sorry I'm not sure in Scotland, but in England you can apply to the Crown Court against a Chief Constable's decision, but it'll be something similar.

But really, just get a solicitor and put your circumstances and these issues to them and go from there.
 
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I am of course concerned about my guns but more so about the possible abuse of police power. Have my guns been taken because that is normal procedure where someone makes a complaint concerning planning permission? Or because my neighbour has a friend in the firearms department and this is being used in an attempt to intimidate me?

I've just looked at the Freedom of Information page and will be lodging a request to see what information the police hold on me but I suspect they will just say "it is an on going investigation" and won't comment.

My next course could be to make a formal complaint against the police, but I am sure they get plenty of these in this sort of situation and it could make things worse.

Not sure how much good will be done by an Englishman (40 years in Scotland!) appealing to an SNP MP! Don't they want to send us all home or am I being melodramatic? :)

Yes, I believe the advice to seek out a specialist in firearms law is sound but I suspect this matter may go deeper than that and having me surrender my guns may just be an attempt to get me to back down over my objections to the building works and planning as mentioned above. I have spoken to Citizens' Advice and they agree that it is an odd one.
 
Must admit threads lke this really depress me.
Someone has held legal firearms for most of his life and they can just be taken away at a drop of a hat with any malicous rumour, no matter wot.
Not saying we have a right to hold guns but after almost 60 yrs living as a model citzen with firearms u'd think u would get cut some slack.
Same as every time a bloke splits up up the bird/mrs, there rushing to put all there guns into storage, it's not right.
Polis don't come round and take all ur knifes, car keys or hammers away, so why take guns.


If it is routine procedure ur nieghbour should also have lost his guns too, assuming it is him where complaint orignated and if there is a potential dispute there.

A lot of decent advice been given, not the sort of thng u can advise over net, plus u sound pretty clued up in it all too.
I take it u don't really know the FLM or someone u can deal with face to face/overphone? Just to get the craic but if going on 3 months i take it ur being stane walled/blanked
Althou most advice would be to only correspond in writting/email so u have written proof,

Areu in any shooting org, the SGA used to have legal cover fr its keeper members, but sadly if aleady ngoing most orgs might nt be so keen to get involved, but some might? U never know

Traditionally my local force D&G and Highlands (i believe) were excellent with there firarms teams, sadly with the merger instead of the other central belt force being dragged up to their high standards everyone has een dragged down to their low standards, doubt it will only get worse.n Heard of a few local boys getting bother for things/convictions that happened 20+ years ago and held tickets all that time with no problems
 
If the complaint has in fact come from the neighbour whose planning application you have objected to, the complaint could possibly be seen as malicious. If so, you should let it be known that you are considering bringing a civil action against him for Malicious Prosecution. Mayor of Bradford v Pickles was the example case we were told about in our Law of Property lectures.
 
Agree with JTO

Bring a civil court action, in England it's around £200 and serve them with a court notice and your reasons not your suspected reasons ie planning etc.

They will need to respond before the court date and you will receive a copy where they will have to clarify the reason.

I've had my cert revoked and got it back, have to say tho my force and flo were fair and professional.

Wishing you the best of luck

Terry
 
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