Updates on the Licensing Application Process

During November and December 2022, the Home Office published two updates to the Guide on Firearms Licensing Law. One was the long awaited statutory guidance, and the second was an update in respect of the remaining non statutory guidance.

An update in respect of both was published on the SACS website.

It was noted at the time that it was likely that it would take police forces sometime to get used to the new guidance and adjust historical practices. Together with the demands and abstractions caused by Covid - 19, either where staff were backfilling for staff who were isolating or alternatively isolating themselves and the understandable advice from the UK Government to GP’s was to prioritise boosters over other non-essential matters (including firearms licensing applications) has led to a state of significant flux in the firearms licensing system.

Optimistically, we hope that the pandemic fades together with the day to day restriction on liberties. We are also hopeful that the firearms licensing system returns to an even keel soon with the statutory guidance bringing in some level of consistency throughout the UK. It is fair to say that we have not been strangers to the strategic leads in firearms licensing in seeking reassurances that the system will improve.

In the meantime, though, it is important to highlight that certificate holders can help take back some control of time scales in respect of their applications to ensure that the relevant milestones are hit.

The new Form 201 now includes the GP’s form. Please download it or print it out from the following link.

TWENTY WEEKS FROM CERTIFICATE EXPIRY.

Download and complete Form 201. Print the GP’s form and take it to your GP. Ask if the charge a fee? If the fee is more than £60, contact the SACS office and get the code for a discount for MedCert. Begin the MedCert process via the following link. Welcome to MedCert

TEN WEEKS FROM CERTIFICATE EXPIRY

On receipt of medical information, or confirmation that the medical report has been submitted to the police, and not less than 10 weeks before the expiry of the certificate(s), submit Form 201 to the police. Ensure that you have completed the form accurately.

The 10 week date is vitally important. Section 28B of the Firearms Act 1968 allows for the limited extension of certificates and states:

(1) This section applies where—(a)an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but

(b) the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire.

(2) The certificate continues in force by virtue of this subsection until whichever of the following events occurs first—

(a) the chief officer determines whether or not to grant the application;

(b) the extension period ends.

(3) In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire.

You will see that this is not an optional route for a chief officer of police to go down. If a complete application is submitted before eight weeks prior to the expiry of the certificate, the certificate is automatically extended for a further eight weeks. Therefore, if you start at week twenty from expiry, and you comply with the necessity to submit a complete application, your certificate has a twenty eight week period before expiry.

We are aware that some forces are interpreting that the submission of a complete application must include a GP report. This is not in the legislation and is likely unlawful, however pragmatically, there is not the time to argue about it at the time because the clock is ticking, so the best course of action is to pre-empt the whole issue by getting the application in early.

There are a couple of addendums to the above. Firstly, the above process has been working in Scotland for over five years and works fine. It is generally new to English and Welsh forces and it is readily apparent they are taking time to get their heads around it, notwithstanding the impact of Covid – 19 and its variants.

Secondly, and to be perfectly clear, you are paying for a service. Certificates holders, in the vast, vast majority of cases are decent, law-abiding people who normally have little contact with the police. In the vast majority of cases the police provide a service which reflect this however on occasions I believe that police firearms licensing departments forget that they are dealing with decent people and the concepts of integrity, fairness and respect go out the window. This will always be challenged.

Thirdly, in respect of renewals, you have a responsibility to ensure that the forms are accurately completed and submitted on time. If they aren’t submitted in time it is nobody else’s fault but your own. If they are not a priority, don’t treat them as such. However, don’t come looking for someone to blame when it goes wrong.

My advice is

1. Print this out and put it with your certificates.

2. Record the twenty week and ten week dates in a diary or on your phones calendar.

3. Follow the instructions when the twenty week date kicks in and act promptly. It will save you a lot of grief so, please do it.

As always, any queries, please pick up the phone to the office and ask. We are yours, and always happy to help.