LICENSING THE FIREARM
87. Some witnesses who argued for the shift towards
a licensing system based on individual fitness also believed that
the present controls on the weapons themselves ought to be dropped
as a result: the Sportsman's Association of Great Britain and
Northern Ireland believed that if an adequate fitness test were
established, "counting cartridges and guns" would be
unnecessary.[157]
The National Farmers Union believed that "current procedures,
which appear irrelevant to the matter of public safety, merely
impose an unacceptably high level of bureaucracy on farmers".[158]
However, we are not persuaded of this approach. At the very least,
notification to the police of acquisitions and transfers of weapons
ought to be mandatory: a system of firearms control cannot function
adequately if no accurate assessment can be made of the quantities
of weapons in private hands. We therefore believe that the present
levels of control should be maintained. We recommend that the
notification to the licensing authority by the licensee of all
purchases, sales and transfers of weapons covered by a firearm
or a shotgun certificate ought to remain mandatory.
88. While we have set out above our contention that
the balance of the licensing system ought to be moved further
towards an assessment of the fitness of the individual, we believe
that an oversight should be maintained over the weapons which
that individual is authorised to possess. Some organisations have
indicated that certain classes of section 1 firearm are rarely
used in crime, and might usefully have their section 1 restrictions
relaxed. This contention, however, ignores an important aspect
of section 1 controls, which we support, namely the need of the
licensing officer to ensure that a firearm is adequate for the
task for which it is intended.
89. Taking into account the need to protect public
safety, Mr Clarke indicated that he was seriously considering
police proposals that a shotgun certificate holder ought to be
obliged to show "good reason" for possessing a shotgun,
rather than requiring a chief constable to demonstrate the opposite.
He acknowledged that the "good reason" could be defined
in a manner to allow the present range of lawful shotgun-related
pursuits to proceed:
"it would be necessary
to define that good reason in a way that was widened generally
in character so that people could pursue legitimate activity in
a perfectly reasonable way".[159]
90. We recommend that applicants for shotgun licences
should be required to show that they have a good reason to possess
shotguns. We do not expect that this will impose a great burden
on genuine and responsible occupational and recreational shotgun
users: nor do we believe that it should.
91. Mr Clarke also believed that there might be a
case for the licensing of individual shotguns, rather than the
present right to hold an unrestricted number of shotguns on a
shotgun licence. This would allow the police to restrict any "unwarranted
proliferation" of shotguns in private hands. However, this
is a proposal which shooting organisations have strongly resisted.
We accept the need for some shotgun owners to have several shotguns
for different types of shooting, and we therefore feel that to
require licences for every gun might be over-restrictive. However,
we also recognise the potential threat to public safety from large
collections of shotguns if those collections are not sufficiently
well safeguarded.
92. We have referred above (at paragraph 78) to the
territorial conditions which can be applied to section 1 firearms.
When licensing individual section 1 firearms, the police presently
have the power to inspect and to specify the land over which a
particular firearm is to be used. This appears to be a sensible
arrangement to apply to high-powered firearms which can be lethal
at long distances. It is not necessarily a sensible condition
to apply to the type of shotgun which may be held on a shotgun
certificate: such shotguns are not lethal at long distances. We
believe that to impose specific territorial conditions on the
use of shotguns will place an unreasonable burden on their occupational
and sporting use. We do not believe that such conditions should
be applied to the licensing of shotguns.
93. We do not believe that the licensing (as opposed
to the registration) of individual shotguns is in principle desirable.
Nor do we think that a statutory upper limit ought to be placed
on the number of shotguns which may be held on one certificate.
Equally, we do not see why a shotgun owner should be able to amass
large numbers of shotguns with no effective supervision. We
recommend that a shotgun owner should be required to state at
the time of grant or renewal of his certificate the maximum number
of firearms he wishes to hold over the period of the certificate's
validity. This number may be more than the number of shotguns
he holds at the time of application. However, the chief constable
must be satisfied that the applicant has good reason to possess
the stated number of shotguns, and is able to meet the security
conditions for their safe storage. The number of shotguns specified
on the certificate should be variable upon application.
A REFORMED LICENSING STRUCTURE
94. The reforms to the present licensing system which
we have recommended will create a new single standard for the
licensing of persons to possess firearms. We believe that this
is necessary in the interests of public safety and of consistency
across the licensing system. Where the licensing of particular
firearms is concerned, although we believe that public safety
requires some oversight of the number of shotguns one individual
may possess on a single certificate, we recognise that it would
be over-restrictive to subject shotguns to the same overall level
of control as section 1 firearms.
95. Both the Government and the Firearms Consultative
Committee have acknowledged that this is a complex area, and we
hope that they will re-examine it in the light of our recommendations.
We hope that it will be possible to find an acceptable balance
between the need to safeguard the public and the right of the
individual to participate in legitimate shooting activities.
115 Appendix 1, section C. Back
116
i.e. the Firearms (Amendment) Acts 1988, 1992, 1994,
1997 and 1997 (No. 2). Back
117
See, for example, Appendix 20, section 8 (British Association
for Shooting and Conservation) and Appendix 26, para. 42 (Shooting
Sports Trust). Back
118
Appendix 1, section E. Back
119
See, for example, Appendix 13 and Appendix 20. Back
120
Firearms Act 1968, s. 27, as amended by Firearms (Amendment)
Act 1997, s. 38. Back
121
No fee is generally charged for "one for one"
variations, or for variations at the time of a renewal. The present
scale of firearm certificate fees is set out at paragraph 207
below. Back
122
Firearms Act 1968 s. 30. Back
123
Firearms Act 1968, s. 28, as amended by Firearms (Amendment)
Act 1988, s. 3. Back
124
Ibid. Back
125
Firearms Act 1968, s. 30, as amended by Firearms (Amendment)
Act 1997, s. 40. Back
126
Home Office Statistical Bulletin 22/99, tables B
and A. The number of firearms covered by certificates on issue
does not necessarily indicate those possessed, particularly as
owners of handguns surrendered as a result of the 1997 Acts were
allowed "one for one" variations of their firearm licences. Back
127
HC Deb, 12 November 1996, col. 218. Back
128
Appendix 1, section C. Back
129
Appendix 22. Back
130
Appendix 1, section C. Back
131
Appendix 1, section B. Back
132
Appendix 4. Back
133
Appendix 12, para 8.15. Back
134
Appendix 1, section C. Back
135
Ibid.: see also Annex A for a breakdown of shotgun
and air weapon offences by police force area. Back
136
Appendix 54. The Home Office issued revised and comprehensive
guidance on firearm security in March 2000. Back
137
Air rifles above 12 ft/lb are classed as section 1 firearms:
air pistols above 6 ft/lb are regarded as prohibited handguns. Back
138
Appendix 60. Back
139
Appendix 1, section B. Back
140
Appeal of John David Morris against revocation of firearm
and shotgun certificates, heard at Cardiff Crown Court on 27 April
1999: Morris's appeal against revocation of the firearm licence
was dismissed, but his appeal against the revocation of the shotgun
certificate was upheld. Back
141
Appendix 1, Section C and Appendix 6. Back
142
Appendix 20, para 3.6. Back
143
Appendix 1, section C. Back
144
Appendix 1, section C. Back
145
A good example was given by the National Association of
Re-enactment Societies (Appendix 40). Back
146
For instance, Appendix 48 (Admiral of the Fleet Sir Benjamin
Bathurst). Back
147
Q 217 (Mr Oliver-Bellasis, NFU). Back
148
The Bill (Bill 78) was introduced on 3 March 2000 and received
its Second Reading on 21 March 2000. Back
149
QQ 462-463. Back
150
Appendix 20, para 3.13. Back
151
Appendix 12, para 6.11. Back
152
Appendix 34. Back
153
FCC Tenth Report, p. 26. Back
154
Appendix 1, section E Cullen Report, para. 8.81. Back
155
S. I., 1998, No. 1941. Back
156
The firearm certificate criteria were amended by the Firearms
(Amendment) Act 1997 to take the Cullen recommendations into account:
the shotgun certificate conditions were not. Back
157
Appendix 27, section iv. Back
158
Appendix 13, para 2.3. Back
159
QQ 456, 459. Back