As you have already been advised…contact the shooting organisation you are a member of. Acquaint them of the full facts and they will give you the best and most applicable advice.
DG
Firearms Grant Refusal - Appeal
- Thread starter GMan14
- Start date
DG
And I certainly have not seen any slating either.
Hanechdene
Well-Known Member
Expert Solicitors in Manchester, Liverpool. Leeds and Lancashire | Brabners
Brabners is a leading independent law firm, providing a full service legal offering, helping our clients achieve their ambitions. We are guided by our mission to make the difference.
try the above firm, they helped me when conditions were varied by the FEO during my renewal due to a supposed “HME Policy”.
I hope you have insurance for legal cover!
Heym SR20
Well-Known Member
There is some good sensible advice here. In Scotland it is the same law as South of the Border, but up here the Sheriff will here the case, whereas south it will be a magistrate or a judge.
www.andersonstrathern.co.uk
How to appeal the refusal or revocation of a Firearms/Shotgun Certificate in Scotland | Anderson Strathern
Read Anderson Strathern’s insights on How to appeal the refusal or revocation of a Firearms/Shotgun Certificate in Scotland . Find out more.
www.andersonstrathern.co.uk
big ears
Well-Known Member
As said before not a topic for this forum.
Talk to your shooting organisation they will have a legal department and know how best to advise.
The original post is not unreasonable, it is polite and respectful. It can’t be easy to admit that as a result of what can only be presumed poor decisions in the past a refusal of grant has been made. The OP is seeking advice from a forum of firearms users who may have had recourse to utilise specialist solicitors converse in firearms law. Post #23 has provided details of such.
Not everyone is a member of a shooting organisation. There is enough BASC bad press on here to put off anyone let alone someone going through the early stages of an application process.
This is very costly to fight with professional help. I do know a few guys who have fought a refusal due to them having history behind them . Its right for cases like these to end up in court imho , we do not want another crack down . The cops are OK when the court says grant it as it does not reflect badly on them if it all goes badly wrong.
I know one ex-villan getting a grant like this and TBF , it kept him on the straight and narrow better than a few previous terms in prison . The judge actually said " if this guy wanted to get a firearm to do something bad , i am very sure he could get one ! "
If you take a look at the statistics most licencing screw ups are " mental health " related
I know one ex-villan getting a grant like this and TBF , it kept him on the straight and narrow better than a few previous terms in prison . The judge actually said " if this guy wanted to get a firearm to do something bad , i am very sure he could get one ! "
If you take a look at the statistics most licencing screw ups are " mental health " related
I'm not sure I see evidence of that? He's asked the forum for some advice about solicitors, and whether anyone has had experience of refusal.
As Uncle Norm says, detailed discussion in public is probably not a good idea - so perhaps the OP should be seen by those who wish to offer advice as an invitation to PM?
Sinistral
Well-Known Member
In England and Wales an appeal against Refusal to Grant lies to the Crown Court only presided over by a full-time circuit judge of Justice rank. That means hiring a solicitor (who has no right of audience) so will have to instruct a barrister. If the applicant wins the court will not award costs against the Chief Constable who acts in the public interest. The successful applicant will have to pay both sets of costs.There is no legal insurance policy I know of which covers this sort of contingency.
You're on your own.
dvbookshop
Well-Known Member
Have pm'd you.
dvbookshop
Well-Known Member
Country Cover Club covers appeal costs.In England and Wales an appeal against Refusal to Grant lies to the Crown Court only presided over by a full-time circuit judge of Justice rank. That means hiring a solicitor (who has no right of audience) so will have to instruct a barrister. If the applicant wins the court will not award costs against the Chief Constable who acts in the public interest. The successful applicant will have to pay both sets of costs.There is no legal insurance policy I know of which covers this sort of contingency.
You're on your own.
This is a great piece of information.
Hanechdene
Well-Known Member
Having fought extensively over the verification of the conditions on my certificate, I have been privy to reports and comments by various shooting organisations over similar incidents as mine, the only shooting organisation worth talking to is the NGO. They have two chaps there who know their way around this complex subject of firearms legislation and the report submitted by them as a professional witness was extensive and in depth and would have formed the backbone of my legal case.
The Country Cover Club covered my legal expenses with Brabners.
Lloyd90
Well-Known Member
What was the final bill?
dvbookshop
Well-Known Member
It's not expensive. I would also recommend the Shooters' Rights Association as membership gets you access to Richard Law's expertise as an expert witness. Often you need advice to see if you actually need a solicitor. That's where to get it. The SRA newsletter is a mine of information on legal cases you might never hear about otherwise.
Sinistral
Well-Known Member
Interesting, and worth pursuing. I take it that firearms licensing ultimately conceded your points? You know, the wording of this policy is so similar to the BASC legal expenses insurance which was withdrawn. That was my only reason for membership really. Reading the CC small print for exclusions, it seems to cover only the applicant's legal costs (not those of the other side, or any court costs if the case goes to trial). It also bars claims where there is any relevant history, or circumstance which is already known prior to taking out the policy. Also 'no hope' jobs, or cases where the likely sum recoverable doesn't justify taking it on (in the opinion of the underwriters}. Is that a fair assessment?
LEGAL EXPENSES INSURANCE
Claim Limit: £100,000 in any one claim
£100,000 in any one period of membership
Certificate Appeals
Cover is provided for Professional Fees incurred in an appeal or representation to the relevant statutory or regulatory authority, Court, tribunal or other mandatory body following an act, or omission, or alleged act or omission in relation to a C³ Insured Activity which leads to
a) The suspending, revoking, curtailing, altering the terms of or refusing to renew the Member’s firearm of shotgun certificate licence(s) provided to the member in accordance with legislation current at the time of issue; or
b) The failure to grant the Member a firearm or shotgun certificate or the failure to grant a variation to the Member’s firearm or shotgun certificate.
Criminal Prosecution Defence
Cover is provided for Professional Fees incurred in the defence of criminal Legal Proceedings brought against the Member as a result of any act in relation to a C³ Insured Activity where they are
a) In possession of a firearm or shotgun without a certificate; or
b) In possession of a prohibited firearm; or
c) In breach of exemptions contained in the firearm legislation; or
d) In possession of an air weapon, shotgun or firearm in circumstances alleged to be contrary to an exemption contained in the firearms legislation.
General Exclusions
Any circumstances or event predating the commencement of C³ membership, which leads to issues obtaining, renewing or a revocation of your firearms or shotgun licence, will not be covered under the legal expenses insurance benefit.
The pursuit, continued pursuit or defence of any claim will not be covered under the legal expenses insurance benefit if it is considered unlikely a sensible settlement will be obtained or where the likely settlement amount is disproportionate compared with the time and expense incurred.
^^spot on^^
Stop being unhelpful tw*ts…he was asking for advice on the person to contact - not seeking to expose all the details to a bunch of nosey fish wifeys!
Regards,
Gixer
Frank Homes
Well-Known Member
Some solicitors do have rights of audience and you can contact barristers directly without going through a solicitor. Plus i am aware of at least 2 cases when all costs were paid by the Chief Constable.In England and Wales an appeal against Refusal to Grant lies to the Crown Court only presided over by a full-time circuit judge of Justice rank. That means hiring a solicitor (who has no right of audience) so will have to instruct a barrister. If the applicant wins the court will not award costs against the Chief Constable who acts in the public interest. The successful applicant will have to pay both sets of costs.There is no legal insurance policy I know of which covers this sort of contingency.
You're on your own.
Stalker62
Well-Known Member
I do not know (nor do I need to know) the details of the OP's circumstances - and this post, is in no way intended to reflect on him as an individual, but seeks only to highlight the realities of the situation (for all).
Jake Davison (Plymouth), used a lawfully held shotgun to commit mass murder.
Jeremy Bamber (Essex), used a lawfully held .22 rifle to commit mass murder.
To argue that one type of firearm may be considered 'less dangerous' than any other is erroneous - the Police are (as they should be) - in the first instance, assessing the applicant's suitability to possess firearms - not their potential arsenal.
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