Namman
Well-Known Member
All well and good. You seem to have an encyclopaedic knowledge of the Firearms Acts, Rules and the HOG.And here we are. He even gets a mention in the Home Office Guidance, albeit the 2013 version
19.15. The term “unauthorised access” has been held to include the constructive possession that can occur where persons other than the certificate holder have access to the keys for security devices, as well as access gained by criminal entry to the premises etc. Thus any keys to any security device should be kept secure, with access limited to authorised persons. This is especially important if there are children present in the premises. Knowledge by an unauthorised person of the location of the keys or to the combination to the locks may lead to a breach of the statutory security condition. In the case of Regina v Chelmsford Crown Court, Ex parte Farrer (2000) it was agreed that deliberately providing information of the whereabouts of the keys was an offence. It was “reasonably practicable” for Mr Farrer not to tell his mother where the keys were kept in this case.
19.16. The Court of Appeal case of Ex Parte Farrer (2000) confirmed the proposition that, if other people who are not authorised to possess the firearm/shotgun have access to it, the firearm/shotgun will not have been stored securely to prevent access by unauthorised persons. The Court of Appeal found that the term “practicable” in the Firearms Rules means “feasible in practice” not socially convenient or “reasonable”. The court found that it was feasible for Mr Farrer to have prevented his mother having access, and that he was in breach of the conditions of the certificate because he gave his mother access to the key. What is required is for the certificate holder to keep the whereabouts of the key or security combination unknown to anyone but themselves.
I have been involved with running two RFDs since the early 1980's and with running a Fullbore rifle club for over twenty years. I tend to agree slightly that applicants for grants, renewals and variations can be their own worst enemy in not knowing the law and the HOG, but there is also the issue of licensing departments not following HOG. Indeed some FEOs I have encountered in more than one police area have actually gone out of their way to be obstructive.