1. Security protective marking

1.1 Not protectively marked.

2. Summary of changes

2.1 The following changes have been made to this policy on 22 January 2010:

• Bullet point 6, Section 4.1.1. has been changed to include police staff.

2.2 This policy is scheduled for review in January 2011.

3. Introduction 

3.1.  This policy details the action to be taken around firearms and defines the role and responsibilities of the Firearms Licensing department.

4. Weapon safety 

4.1.  The following safety rules will be complied with at all times when handling firearms or shotguns.

4.1.1.  If in doubt or dealing with an unfamiliar weapon:

• Put weapon down in a safe place and seek the advice of:
• Police Authorised Firearms Officer;
• Force Armourer or Weapon Training Unit, FHQ;
• Firearms Enquiry Officer;
• Crime Scene Investigator;
• Any other Police Officer or Police Staff identifiable as being experienced in the handling of firearms, e.g. ex-Police Authorised Firearms Officer, ex- Armed Service personnel, experienced holder of current Firearm Shotgun Certificate.

4.1.2.  Presume every firearm is loaded until it is confirmed that there is no ammunition in the chamber or the magazine and:

• Whenever a weapon is handled, it will always be checked to ensure that it is not loaded, even if previously checked and is being handed from one person to another;
• Whilst a weapon is being handled or carried, finger must be kept clear of the trigger and the muzzle must be pointed in a safe direction. If indoors or over soft ground this will usually mean pointing the muzzle downwards;
• Where possible, weapons must be carried or stored broken down or stripped to their component parts;
• Weapons must be stored or transported unloaded, except when in operational use, by authorised Police Firearms Officers.

5. Applications for a firearm or shotgun licence or explosives certificate 

5.1.  Where a member of the public attends a Police Station in person or telephones, (out of office hours), requesting a licence application form for, or information relating to, firearms, shotguns or explosives, the following action will be taken:

• Obtain the person’s name and address and enquiry using Form 3088, Request for Information Firearms, Shotguns and Explosives;
• Inform the person that he/she will be sent a Firearms Application Information Pack, including instructions to complete it, with the name of a Firearms Enquiry Officer;
• Inform the person to forward the completed Form 3088 in a sealed dispatch envelope enclosed to the Firearms Department at FHQ;
• Under normal circumstances referees will not be visited;
• Where such a telephone enquiry is received during office hours, it should be transferred to the Firearms Department, FHQ 01622 652510).

5.2.  The Firearms Rules, 1998, states that neither serving police officers nor police staff employees may act as either counter signatories nor referees for the application or renewal of firearm or shotgun certificates.

6. Licensed Firearms Database 

6.1.  In accordance with the Data Protection Act, 1998, the National Firearms Licensing Management System (NFLMS) contains details in compliance with the Police Information Technology Organisation (PITO) directives.

7. Security of firearms and shotguns 

7.1.  All firearms and shotguns, excluding de-activated weapons, (see 8.1), will, when not in use, be stored securely as part of the conditions of the Firearm or Shotgun licence. The Firearm, Shotgun, or security container must be fixed to the structure of the premises, in one or more of the following Home Office approved methods:

• Gun cabinet;
• Secure cord kit;
• Wall mount locking kit;
• Chain and padlock;
• Gun clamp.

7.2.  Any firearms, ammunition or shotguns held by virtue of a licensed certificate holder with another police force may be secured at an address in Kent provided the security criteria is satisfied and necessary information supplied to Kent Police Firearms Licensing Department.

7.3.  An applicant may be visited to satisfy the Chief Officer that suitable and adequate security measures are in place to prevent, as far as reasonably practicable, unauthorised access.

7.4.  The following action should be considered, (depending on the circumstances), where for any reason, (e.g. attending a call, making enquiries or taking a statement), a police officer is on premises where a firearm or shotgun is found insecure and not being used or cleaned:

• Warn the licence holder verbally and inform him / her that a report will be submitted to the Firearms Department, where further action may be considered, (a full pocket book entry must be made);
• Report the incident to the Firearms Department for action and;
• Where public safety is at risk, including other occupants of the premises or the licence holder, seize the firearm or shotgun and the relevant firearm or shotgun certificate.

7.5.  It is not necessary for an applicant to be interviewed or his / her premises to be visited on every occasion action is required by the Firearms Department. An interview or visit should take place for:

• Renewal of Firearms Certificates
• Change of address;
• Variation of certificates;
• Certificate holders attaining 70 years of age;
• Something relevant is brought to the attention of the police;
• Notable change in circumstances;
• Renewal period attaining second 5 years renewal, (where no visit is recorded within a 10 year period).

7.6.  Policy in respect of special exemptions under Sections 2 to 7 of the Firearms (Amendment) Act 1997 is applied in the strictest sense. Weapons should be designed or adapted for such use if the exemption is approved. Handguns retained for the purpose of humane killing of animals, in normal circumstances, are of a type restricted to a two shot capacity.

8. De-activated and antique firearms 

8.1.  A de-activated firearm is a weapon that has been structurally changed in an approved manner so that it cannot be used to discharge a missile or bullet. All de-activated weapons will have a Proof House Certificate either issued by a London or Birmingham Proof House. The certificate will contain the firearm’s details, make, type, serial number and description. The weapon will also be stamped with the Proof House mark.

8.2.  Antique firearms are exempt from the provisions of the Firearms Act. To qualify as an antique firearm the weapon must be sold, transferred, purchased, acquired or possessed as a curiosity or ornament, and be one of the following:

• A muzzle loading firearm made before 1939;
• A breech loading firearm capable of discharging a rim fire cartridge exceeding .23 inch calibre but excluding those chambered for 9mm;
• A breech loading firearm using an ignition system other than rim fire or centre fire, (these include pin fire and needle fire system);
• A breech-loading firearm originally chambered for an obsolete cartridge. (A list of obsolete cartridges is annexed in the Home Office “Guidance To Police”.) (Note that this list is acknowledged to be incomplete and represents a guide only and where a firearm falls outside its terms, each case must be judged on its merits).

8.3.  A weapon, which at anytime has been classified as a prohibited weapon, remains so classified notwithstanding anything done to convert it to a weapon of another type, (e.g. Section 1 Firearm).

8.4.  Licence Requirements:

• De-activated firearm or shotgun - London or Birmingham Proof House Certificate or relevant Firearms Licence;
• Antique Firearm or Shotgun - no licence required;
• Prohibited weapon (de-activated) - Proof House Certificate, no licence required.

9. Incidents involving firearms, shotguns or registered licence holders 

 
9.1.  The following must be considered by a Police Officer dealing with any incident involving a firearm, shotgun or registered licence holder:

• Where the safety of the public is at risk, or an offence is committed, seize the firearm or shotgun to prevent injury or preserve evidence;
• Where a firearm or shotgun is seized, the Firearm or Shotgun certificate must also be seized;
• Obtain any evidence, consider any arrest if applicable, report for summons or charge;
• Power of search with warrant under Section 43 Firearms (Amendment) Act 1997.

9.2.  In the event of the expiry or cancellation of a current certificate, on conviction and sentencing of any Group 1 or Group 2 Management of Police Information (MoPI) identified offender, a report will be submitted by the Firearms Manager to the Chief Superintendent for assessment.

9.3.  If a revocation decision would have been the appropriate course of action had the certificate remained live, the report will be endorsed accordingly and the National Firearms Licensing System (NFLMS) Person Marker will be endorsed with this information in order to maintain MoPI requirements.

9.4.  The Firearms Department Manager will be notified as soon as possible by the Officer in the Case of any incident which may affect the fitness of a person to remain a Firearm or Shotgun licence holder. Such incidents would include:

• Any offence involving the use of or related to Firearms or Shotguns;
• Suicide attempts;
• Domestic violence;
• Any violent crime, including threats to kill, assault, sexual offence, witness intimidation;
• Any incident involving drink, drugs, mental illness or depression;
• Theft of firearm or shotgun from any premises or vehicle;
• Any other incident or offence where the revocation of a Firearm or Shotgun licence should be considered.

9.5.  A formal Caution decision may be recommended in respect of a firearms licensing offence, when, for the purpose of Home Office Counting Rules for recorded crime, the offence falls within the necessary criteria for the completion of a crime report.

9.6.  Additionally, in the following circumstances, the officer in the case (OIC) must submit a full report, via his / her line manager, to the Firearms Department Manager:

• Where a firearm or shotgun has been seized to prevent injury or preserve evidence and the OIC considers that the firearm or shotgun licence should be revoked;
• Any other incident where the OIC considers that the firearm or shotgun licence should be revoked;
• Where, for the purpose of Home Office counting rules for recorded crime, a firearms offence, which falls within the necessary criteria for the completion of a crime report, has been committed.

9.7.  The report, as above, will contain the following information:

• Time, date, day of incident;
• Venue of incident;
• Full details of the licence holder including Firearm or Shotgun licence number;
• Details of Firearm or Shotgun held and current location, including the Special Property number if seized;
• Full circumstances of the incident;
• Police action, if any;
• Whether criminal proceedings are being considered, include offence details and case file reference;
• Recommendations of OIC, and line manager regarding revocation of the subjects licence;
• Copies of any relevant documentation;
• The Firearm or Shotgun licence if seized.

9.8.  Upon receipt of the report, the Firearms Manager will be responsible for outlining the necessary criteria for the revocation of a person’s Firearm or Shotgun licence.

9.9.  Where the Firearms Manager recommends the revocation of a Firearm or Shotgun licence, the report will be forwarded to the Chief Superintendent, Area Operations Directorate, who is authorised by the Chief Constable to exercise the functions in relation to the Firearms Act 1968, the Firearms (Amendment) Act 1988 and the Firearms (Amendment) Act 1997.

9.10.  The report must be returned to the Firearms Department to implement the authorised action.

10. Destruction or forfeiture of firearms and shotguns 

10.1.  Where a Firearm, Shotgun or Air Weapon is used in the commission of a criminal offence, the OIC should ensure that an application is made to the court for a Forfeiture and Destruction order at the time of trial. The CPS must be made aware of the fact that the Chief Constable desires that such an application be made by the prosecution. (See policy N18).

10.2.  To apply for a Court Order for the forfeiture and destruction of a firearm, the Officer in the Case must complete a Form MG6 (Confidential Information), to include the following information:

• Identify the Act and Section under which destruction and forfeiture is sought;
• Identify the property to be destroyed or forfeited including its location and Special Property reference if applicable;
• Indicate how the firearm, shotgun or weapon was used in the commission of the offence or intended for such use. This must be supported by admissible evidence, by admission or witness statement, within the submitted case file.

10.3.  A Forfeiture and Destruction order may be obtained in relation to Firearms, Shotguns or Air Weapons under the following legislation:

• Section 43 Powers of Criminal Courts Act 1973;
• Section 52 Firearms Act 1968;
• Section 6 Deer Act 1963;
• Section 3 Game Laws Act 1960.

11. Disposal of seized firearms or shotguns 

11.1.  Where a Firearm or Shotgun licence has been refused or revoked by the Police for any reason, the holder has 21 days to either: appeal to the Crown Court against the decision, or; lawfully dispose of the firearm, shotgun and ammunition held, except when it is held by police as evidence of an offence and retained to prevent its loss or destruction.

11.2.  Where the decision is made to revoke a Firearm or Shotgun licence, the reporting officer or OIC will be informed and must ensure the owner of the weapon(s) is advised.

11.2.1.  Where the weapon(s) have not been seized by police, they are either surrendered to the Police and placed in Special Property or taken to a registered Firearms Dealer for disposal.

11.2.2.  Where the weapons are in Police possession, either seized or surrendered, the owner either signs a disclaimer allowing Police to destroy the weapon and any ammunition, or, arranges within 21 days to sell the weapons to a registered Firearms Dealer or a person holding the appropriate Firearm or Shotgun licence.

11.3.  Section 12(2) Firearms (Amendment) Act 1988 states that where a firearm or shotgun licence is revoked by police, a summary offence is committed if the licence holder fails or refuses to surrender the weapons(s) to the police or lodge them with a Firearms Dealer for disposal. In such cases police must seize the weapon.

11.4.  Firearms or shotguns seized by police must only be retained in Special Property:

• In the interests of public safety;
• As an exhibit in relation to court proceedings.

11.5.  Firearms and shotguns seized by police should be released only:

• To the licensed firearm or shotgun holder upon a successful appeal to the Crown Court against revocation;
• Upon conclusion of criminal proceedings unless the court orders forfeiture and destruction (see paragraph 10.1 above) of the firearm or shotgun or unless the OIC has commended the procedure for the revocation of a firearm or shotgun licence (see paragraph 10.3 above);
• Where the weapons are held in the interests of public safety or pending the revocation process, they can be released to either a registered Firearms Dealer for disposal or a registered licence holder who has purchased the weapon; proof of sale and purchase must be obtained.

12. Criminal use of explosives 

12.1.  The Firearms Department Manager or the Force Explosives Liaison Officers must be informed immediately, or as soon as practicable, by telephone (01622 652511), of any of the following incidents involving explosives:

• Illegal manufacture of any explosive substances, irrespective or how trivial or amateur;
• Any finds of explosives, including improvised explosive devices, (terrorist bombs etc.) but excluding routine finds or wartime or military munitions (unless stolen);
• Thefts of explosives;
• Explosions, including accidents and detonation of improvised explosive devices.

12.2.  After reporting the incident verbally, the OIC must complete a report for the attention of ACC (Area Operations Directorate) to be submitted via the Force Explosives Officer and the Chief Superintendent, Area Operations Directorate. The report must contain full details of persons involved (including CRO number if applicable), the date of the incident and the full circumstances of the incident, including:

• Illegal manufacture, where persons involved obtained knowledge to make explosives, materials used, trade names and where obtained;
• Finds, where found, explosives involved, markings and source if known;
• Theft, crime report number, investigating Officer, materials stolen, MO;
• Explosions, details of any injured or killed, whether any offences under the Explosives Act have been committed.

The report must also contain details of Police action and anticipated proceedings or court action.

12.3.  Where forced entry into an explosives store has been made and there are explosives remaining in the store, the Force Explosives Liaison Officer will ensure the local authority inspector is contacted regarding the safe keeping of the remaining explosives.

12.4.  The Force Explosives Liaison Officer will ensure that the HM Inspector of Explosives and the Trading Standards Officer, Kent County Council, are informed of any relevant incidents.

12.5.  For policy / standard operating procedures in respect of bombs, bomb scene management and the forensic submission of explosives, see Policy M26 Bombs and Policy N05 Forensic Submissions.

13. Firearms Department 

13.1.  The Firearms Department at Force Headquarters is responsible for:

• The issue, variation and renewal of firearm and shotgun certificates, including the relevant inspections and enquiries;
• Registration and inspection of firearm dealers and clubs;
• Issue of firearm and shotgun temporary permits, visitors permits and explosive certificates;
• Monitoring the Force Licensed Firearms database (see 6.1 above);
• Where appropriate, recommending the revocation or refusal of firearm and shotgun licences or explosive certificates;
• The provision of advice and information to operational police officers and members of the public in relation to firearms and related legislation;
• Registration and approval of land authorities for shooting;
• Approval of clay pigeon shoots

13.1.1.  The Firearms Department is open from 0800hrs until 1700hrs, Monday to Friday, (excluding Bank Holidays). Telephone: 01622 652510, internal 19-2510. Alternatively, advice can be obtained from local Firearms Enquiry Officers.

13.2.  The following leaflet is provided by the Firearms Department to Areas free of charge:

• Home Office Guidelines to Firearm and Shotgun Security
  

13.3.  Firearms enquiries are dealt with according to post code area detailed in the table below.

Post Code Area	Contact Number
TN5, TN12, TN17, TN18, TN30	Officer: Christopher Brown Office: 01233-896485   Internal:09-4425
ME1-ME6, ME20, DA12	Officer: Bob Bruce Office: 01634-792335   Internal:04-2335
TN1-TN4, TN8-TN11, TN13, TN16	Officer: John Delieu Office: 01732-379367  Internal:02-3905
CT1, CT2, CT4, CT5, ME13	Officer: Nigel Garland Office:01795-433014   Internal:05-4014
ME7-ME12	Officer: Arthur Cannadine Office: 01795-433013  Internal:05-4613
TN23-TN27	Officer: Tony Rowlinson Office: 01233-896131   Internal:09-2131
DA1-DA5, DA9-DA11, DA13, DA14, TN14, TN15	Officer: Mick Stuart Office: 01622-608047   Internal:01-2016
CT3, CT6-CT13	Officer: Richard Gould Office: 01227-744745   Internal:06-3145
CT14-CT21, TN28, TN29, TN31	Officer: Mick Toy Office: 01303 289729  Internal:08-6625
ME14-ME19	Officer: Mike Whitehead Office: 01622-652506   Internal:19-2506

14. Retention and disposal of records

14.1. Documents mentioned in the above policy will be retained for the period specified in the Retention & Disposal of Force Documents Policy (Ref No B18) and the supporting disposal schedule.

15. Equality impact assessment

15.1. This policy has been assessed with regards to its relevance to race and diversity equality.  As a result of this assessment the policy has been graded as having a medium potential impact.

 

15.2. Attached is the latest equality impact assessment that forms part of the policy review process.