Have I got this wrong please? Someone tell me where it says the Police are required to check your security (for Shotguns) I am aware of the guidance issued by
BASC but I do not see any such legal obligation placed on the Police.
This is a bit convoluted but here goes.
Government Guide on Firearms Licensing Law
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518193/Guidance_on_Firearms_Licensing_Law_April_2016_v20.pdf
States :
“ 11.24 If the grant of a certificate is not so precluded, licensing staff have to satisfy themselves that the applicant can be permitted to possess a shotgun without danger to public safety or to the peace. A home visit should always be carried out before granting a certificate to a first time applicant. This should include an interview and consideration of their security arrangements. At renewal a risk-based assessment may indicate the need for another interview with the applicant or further enquiries about security arrangements. These enquiries may be done over the telephone or by email rather than by home visit, in accordance with the level of the risk assessment. Home visits should always be made by prior appointment and take place at a mutually convenient time.
.”
Now the above is not law but home office guidance the chief officer of police should follow, how they justify it regarding the act is.
The law
Firearms Act:
Special provisions about shot gun certificates.
“28 (1)Subject to subsection (1A) below, a shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.”
Not having adequate security is considered a danger to the public safety, the only way the chief officer of police can be satisfied is to follow the home office guidance and a home visit. The renewals are more of a grey area but the Police can always justify it, however the current guidance doesn’t say they should visit on renewals just risk assess it.
Simple fact if they don’t follow home office guidance and something does go wrong they will be in for a heck of a lot of criticism and regarding the renewal risk assessment, taking the worst-case scenario also covers their backside.
But the legal onus is for the chief officer of police to be satisfied there is no danger to the public safety which is a broad legal brush and the guidance given to him requires home visits for first time applicants.