Law and out of order

David Frost says numerous police forces in England and Wales are flouting the law when it comes to firearms licensing and a robust response is required

- David Frost

I’ve written before about police forces that flout the law relating to firearms. Sadly, the situation is getting worse. As I write, 20 forces in England and Wales have decided to ignore Section 26 of the Firearms Act 1968 and to disregard both the official guidance in respect of non-statutory forms and the April 2016 medical agreement by demanding a doctor’s letter before accepting an application.

Nowhere does the law require a GP’s letter as part of the certification process and asking for one as a condition of accepting the application breaches Section 26 of the act. The Home Office has remained silent on this clear violation of its guidelines and the law. The police Firearms and Explosives Licensing Working Group (FELWG) has failed to demonstrate any meaningful leadership.

Public safety

The police will piously tell you this is all to do with public safety but it’s largely a buck-passing exercise as this email to me from a firearms licensing manager shows: “We are of the view that having notified your doctor of the issue or renewal of a certificate, they now hold a portion of the duty of care.” This is why some GPs refuse to co-operate.

Nor is this the first time forces have invented their own law. A freedom of information request in 2011 revealed that more than 12,000 certificate holders were in unlawful possession of their guns due to delays in renewing certificates. At least five chief constables were happy to endorse this breach of the law and some forces, including one of the aforementioned 20, were still doing so in 2016.