• 25 September 2017

Shotgun Licence Appeals

by Watson Woodhouse

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Shotgun Licence Appeal

Have you had your shot gun licence revoked? Do you think you’ve been unfairly treated? Watson Woodhouse Solicitors might be able to help you! Call 01642 247656 to speak to a specialist lawyer about your specific case.

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Robert Mochrie

lisa-carney

Robert Mochrie
Barrister
Firearms law specialist

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The Police have a lot of discretion when it comes to firearms licences. The element of subjectivity means there can be inconsistency with how individuals are treated depending on the specific Police force dealing with your application or even the individual officer involved in your case.

Watson Woodhouse have a lot of experience with dealing with such cases and we can represent you in Court to challenge any decision made by the Police. Call us now to discuss your case and we will give you an independent view on the prospects for a successful challenge.

The police powers

Firearm Certificates/Shotgun Certificates can be refused on the following grounds, if the Chief Officer of Police is satisfied that the applicant cannot fulfil the criteria for the grant or renewal of a certificate.

A firearm certificate may be fully revoked by the Chief Officer of Police for the area in which the holder resides if he has reason to believe

  • That the holder is of intemperate habits or unsound mind or is otherwise unfit to be entrusted with such a firearm; or
  • That the holder can no longer be permitted to have the firearm or ammunition to which the certificate relates in his possession without danger to the public safety or to the peace; or
  • That the holder is prohibited by this Act from possessing a firearm to which section 1 of the Firearms Act applies; or
  • That the holder no longer has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition which he is authorised by virtue of the certificate to have in his possession or to purchase or acquire.

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A firearm certificate may be partially revoked only if the Chief Officer of Police is satisfied that the holder no longer has a good reason for having in his possession or for purchasing or acquiring, the firearm or ammunition to which the partial revocation relates.

A shotgun certificate may be revoked by the Chief Officer of Police for the area in which the holder resides if he is satisfied that the holder is prohibited by this Act from possessing a shotgun or cannot be permitted to possess a shot gun without danger to the public safety or to the peace.

Appeals

Any person who has had a firearm or shotgun certificate revoked has the right to appeal the decision. This would be in the Crown Court before a judge.

The appeal has to be made within 21 days of the initial decision. Each case is different, and ultimately the outcome will depend upon the facts of the case, the quality of the evidence and the impression that the judge forms of the licence holder and the Chief Officer. Our experienced advocates will always make sure your appeal evidence is presented clearly and skillfully

Our fees

Members of the British Association for Shooting and Conservation (BASC) and the Clay Pigeon Shooting Association (CPAS) might be able to take advantage of legal expenses insurance cover which covers the costs of an appeal. If you are a member of a club or association please contact us and we will make the necessary arrangements for you. If you don’t have such membership we can give you a quote based on our competitive private fixed fee structure. One of our specialists will be able to provide you with a quote from your specific case details.

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