As shooting season ends, warning on firearms law

Mar 29 2008 The Journal

A SENIOR lawyer is warning farmers and shooting enthusiasts to be on their guard against falling foul of firearm legislation.

His warning comes at the end of the shooting season when, for many, the gun is cleaned and put away until next needed.

Michael Smithson, senior partner at Newcastle-based Smithson Law Firm LLP, said: “The Firearms Act (1968) is a serious matter which carries with it weighty penalties.

“These vary from six months imprisonment and a £400 fine at the magistrates’ court to a maximum of 10 years in jail and an unlimited fine for the most serious offence, possession or distributing prohibited weapons.”

Mr Smithson also warned against the pitfalls of allowing a shotgun certificate to expire.

“This could result in the owner being charged with the offence of possession of a firearm without a certificate,” he said.

“This brings with it a six-month custodial sentence and or a fine of £400 while the offence of non-compliance with a condition of firearms certificate – for example, failing to keep it properly locked up and secure – could result in a six-month sentence and or a hefty £5,000 fine.”

Mr Smithson went on to warn that any application to renew a shotgun certificate will almost certainly be accompanied by an unannounced visit from a firearms officer who will inspect storage arrangements there and then. Entry without a warrant is unlawful but in practice, few shotgun owners will turn an officer away.

Shortcomings may result in the refusal of the local force to grant a new certificate which might mean, subject to a right of appeal to the magistrates’ court, losing your right to keep a gun.

Special measures apply when transporting firearms where the obligation to keep a weapon secure follows the gun.

When leaving a gun in an unattended vehicle, you are expected to separate and remove the fore-end.

The Home Office has published guidelines which despite not having statutory authority will certainly be taken into account by the police when investigating any alleged breach.

To download the Firearm Security Handbook, go to www.smithsonlawfirm.com/news.

Mr Smithson added: “This is compulsory bedtime reading for the estimated 570,000 shotgun certificate holders, of whom each owns on average 2.4 guns!”