Lincolnshire Police · separately in the firearms seizure policy Lincolnshire Intranet - Firearms...

Protective Security Marking: NOT PROTECTIVELY MARKED

Lincolnshire Police

Policy Document

Firearms Licensing Policy

PD 69

Code of Ethics

All staff involved in carrying out functions under this policy and associated procedures and

appendices will do so in accordance with the principles of the Code of Ethics. The aim of the

Code of Ethics is to support each member of the policing profession to deliver the highest

professional standards in their service to the public.


Reference Number: PD 69

Policy Sponsor: DCC

Policy Owner: C/Supt Specialist Operations – Paul Timmins

Author: Firearms Manager - D/Inspector Seage

Publication Date: Jan 2020

Review Date: Jan 2022

Version: Date: Reason For Issue: 8 January 2020 Biennial Review - modernisation of department

processes

Legislative Compliance

This document has been drafted to comply with the principles of the Human Rights

Act. Proportionality has been identified as the key to Human Rights compliance, this

means striking a fair balance between the rights of the individual and those of the

rest of the community. There must be a reasonable relationship between the aim to be

achieved and the means used.

Equality and Diversity issues have also been considered to ensure compliance with

the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In

addition, Data Protection, Freedom of Information and Health and Safety Issues have

been considered. Adherence to this policy or procedure will therefore ensure compliance

with all relevant legislation and internal policies.

Other legislation/law which this policy has been drafted to comply with:

- Human Rights Act 1998 (in particular A.14 – Prohibition of discrimination)

- Equality Act 2010

- Crime and Disorder Act 1998

- H&S legislation

- General Data Protection Regulation 2018

- Freedom Of Information Act 2000

Security Classification

Policy to be published on Intranet: Yes

Policy to be published on Force Website: Yes

http://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/12

http://www.legislation.gov.uk/ukpga/2010/15/contents


http://www.hse.gov.uk/legislation/

http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted

http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted



Authorised Professional Practice APP) This Policy has been checked against APP. Lincolnshire Police has adopted the APP provisions, with supplementary information contained herein, which reflects local practice and the needs of the communities served by Lincolnshire Police. Those provisions are shown in the links below and can be accessed via the home page of the APP website:

Firearms licensing

1. Policy Aims: (purpose)

1.1. The purpose of this policy is to ensure that the control of firearms and shotguns is administered in accordance with the Firearms Act 1968 and its amendments. The aim will be the interest of public safety, the reduction of crime, disorder and anti-social behaviour and the protection of the rights and freedom of others. It will provide reassurance by ensuring that unsuitable persons do not possess legally held firearms and shotguns.

1.2. Lincolnshire Police is committed to ensuring that comprehensive enquiries are undertaken to ensure that certificates allowing possession of firearms, ammunition, shotguns and explosives are held by persons whom the CC believes are suitable:

To be entrusted with a firearm or permitted to possess a shotgun without danger to the public safety or peace.

Guns and ammunition must be stored securely and in accordance with the Home Office security requirements.

Firearms can only be possessed by those who can show good reason.

2. Policy Statement: (Key information)

2.1. General Principles

2.1.1. Lincolnshire Police is committed to protecting the people of Lincolnshire by maintaining an appropriate level of protective services, ensuring quality local policing, and to achieve best value for money, productivity and efficiency. This is reflected in the statement of common purpose for Lincolnshire Police Firearms and Explosive Licensing department: To protect the public by ensuring firearms and shotguns are only possessed by those who are safe to possess them. And To ensure all applications are dealt with in a thorough, fair and efficient manner so the best possible service is given to the public and the applicant.

https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/firearms-licensing/


2.1.2. This policy seeks to achieve an appropriate balance of:

protecting public safety by preventing foreseeable or avoidable harm

delivering an efficient licensing process that is proportionate, rigorous, cost effective, fair and timely

providing a fair and transparent service to the public. However, all decisions to grant, renew or revoke a licence are made on the grounds of public safety and not the potential cost of any appeal.

2.1.3. The safety of our communities is of paramount importance when considering the issue of firearms to members of the public. The principle of this policy is to ensure that all firearms, shotguns and explosives in the County are held lawfully and that appropriate mechanisms are in place to monitor their use in both a quantitative and qualitative sense.

2.1.4. All applications are to be treated on their individual merits, taking into account the applicants request against guidance issued on such matters by the Home Office publication. Firearms licensing law 2016 - GOV.UK

2.1.5. This policy applies to all matters relating to the Firearms Licensing function with exception to the seizure of firearms and revocation of certificates, which is dealt with separately in the firearms seizure policy Lincolnshire Intranet - Firearms Removal Policy PD 149.

2.1.6. This policy provides strategic direction for how Lincolnshire Police will approach the administration of firearm, shotgun and explosives licensing, in accordance with current legislation and guidance.

2.1.7. Administration of Firearms licensing will be completed through the use of the Firearms Licensing Online (FLO) system. The national NFLMS system is vital for public safety and this will also be updated and maintained.’

2.1.8. This policy is aimed primarily at police and G4S Staff within the Firearms Licensing Department although it remains relevant to other police officers and staff who may deal with related matters.

2.2. Processes and Decision Making

2.2.1. Lincolnshire Police in determining whether to grant, refuse or revoke a firearm, shotgun or explosives certificate will comply with current legislation and guidance.

2.2.2. The function of the Firearms Licensing Department is to process all applications for the legal possession of firearms, shotguns and explosives.

2.2.3. The Firearms Licensing Detective Inspector, Decision Makers, and Force Control Room Inspectors will be authorised under Section 55(2) of the Firearms Act 1968 to exercise those functions relevant to their role by the Chief Constable under that Act.

2.2.4. All applications will have the medical declaration verified in accordance with appendix A - Medical Information Verification for Firearms Licensing.

https://www.gov.uk/government/publications/firearms-law-guidance-to-the-police-2012


2.2.5. The Firearms Licensing Department will maintain a computerised information recording and administration system, currently the National Firearms Licensing Management System (NFLMS) and Firearms Licensing Online (FLO). The system will hold details in respect of firearm, shotgun and explosives certificate holders, legally held weapons, previous and current applications and any relevant notes or intelligence.

2.2.6. The details held on the computer system will be available through the force warehousing database (GENIE) to police staff and police officers in support of operational policing. A number of key personnel in the Force Control Room and Intelligence Units will have read only access to the National Firearms Licensing Administration System.

2.2.7. The Firearms Licensing Department will act as a Centre of Excellence for guidance in relation to firearms and shotgun licensing for the force.

2.2.8. The Firearms Licensing Department will ensure that all applicants for firearm, shotgun and explosive certificates are scrutinised using all available sources of intelligence and relevant information as appropriate.

2.2.9. The Detective Inspector, Decision Makers, and Force Control Room Inspectors will use the National Decision Making Model and the risk matrix when making a decision to utilise their delegated authority in granting, renewing, reviewing or revoking certificate holders.

2.2.10. Consideration will be given, in relation to all applicants, for the granting or renewal of firearms, shotgun and explosives certificates to be the subject of a home visit in accordance with the following protocol in the below chart, unless a visit has already occurred during the period the force has been in possession of their application. If three months or more has elapsed then a visit should take place regardless. All renewal applications will be visited every five years.

Application / Event

Announced

visits

Applications for grant of firearm

certificate.

Applications for renewal of

firearm certificate.

Applications for grant of

shotgun certificate (Not visited

in respect of a firearms

certificate within five years)

Applications for renewal of

shotgun certificate.


Applications where the

individual has moved into

Lincolnshire (Transfers In)

Applications for a variation to a

firearm certificate.

Applications where there is a

change of address.

Applications for the grant or

renewal of a dealer’s certificate.

Applications for the grant or

renewal of an Explosive

License.

All certificate holders in the

event of an incident, which may

result in the revocation of the

certificate.

2.2.11. Personal visits may be carried out with or without a prior appointment being made with the applicant or certificate holder. Consideration will be given to individual / operational circumstances, public safety and the prevention and detection of crime.

2.2.12. Lincolnshire police have a facility on their website whereby applicants are able to complete the necessary Firearms Licensing forms electronically. Follow this link: Firearms Licensing Portal - Lincolnshire Police

3. Other Related Documents/Appendices:

3.1. Home Office Guide on Firearms Licensing Law

APP Major Investigation and Public Protection

The Firearms Security Handbook 2005 produced by the Home Office, the Associations of Chief Police Officers in England, Wales and Scotland and the British Shooting Sports Council.

Appendix A – Medical Information for Firearms Licensing

https://flo.lincs.police.uk/


4. Other Monitoring/Review:

4.1. This policy is owned by the Head of Specialist Operations. This policy will be reviewed at two year intervals or as dictated by legislative changes or identified inefficiencies.

5. Who to contact about this policy:

5.1. Any enquires about this policy should be directed to the Firearms Manager, D/Insp Mark Seage, 01522 9(47135), [email protected].

PRO-FORMA FOR THE INITIAL EQUALITY IMPACT ASSESSMENT (EIA)

This screening document is the first stage in a two-stage process to take a systematic approach to assessing the impact of an activity on equality. An activity may mean a:

policy or policy review,

a business case

a business plan

a project initiation

a decision to implement a service

a decision to decommission a service.

This screening should be completed by the lead person for the activity with assistance from any of the following departments:

Human Resources (Where appropriate)

Equality and Diversity

Department:

Firearms Licensing Department

Section:

Person responsible for initial assessment:

D/Inspector Seage

Name of the Policy to be assessed:

Firearms Licensing policy

Date of Assessment:

February 2020

Is this a new or existing policy?

Existing

1. Briefly describe the aims, objectives and purpose of the policy. The aims of this policy are to ensure that the control of firearms and shotguns is administered in accordance with the Firearms Act 1968 and its amendments. The aim will be the interest of public safety, the reduction of crime, disorder and anti-social behaviour and the protection of the rights and freedom of others. It will provide reassurance by ensuring that unsuitable persons do not possess legally held firearms and shotguns.

2. Are there any associated objectives of the policy? Please explain. The Safety of our communities is of paramount importance when considering the issue of firearms to members of the public. The principle of this policy is to ensure that all firearms, shotguns and explosives in the County are held lawfully and that appropriate mechanisms are in place to monitor their use in both a quantitative and qualitative sense.

3. Who is intended to benefit from the policy and in what way? This policy is aimed primarily at police and G4S Staff within the Firearms Licensing Department although it remains relevant to other police officers and staff who may deal with related matters.

4. What outcomes are wanted from this policy? This policy seeks to achieve an appropriate balance of public safety, service to certificate holders and expenditure of resources.

5. What factors/forces could contribute/detract from the outcomes? The Firearms Licensing Unit will maintain a computerised information recording and administration system, currently the National Firearms Licensing Management System (NFLMS). The system will hold details in respect of firearm and shotgun certificate holders and legally held weapons.

6. Who are the main stakeholders in relation to the Policy?

The force,G4S, and members of the shooting community

7. Who implements the policy and who is responsible for the activity? Lincolnshire police together with their partner G4S.

8. Is there any likelihood the policy could have a differential impact on

racial groups? (including Gypsies and Travellers) Y

N

Please explain

The Firearms Licensing Unit will ensure that all applicants for firearm, shotgun and explosive certificates are vetted using all available sources of intelligence and relevant information as appropriate. There is no likelihood

that this policy could have a differential impact on any group. This policy is about safety.

What existing evidence (either presumed or otherwise) do you have for this?

N/A

9. Is there any likelihood the policy could have a differential impact due

to gender? Y

N

Please explain




N/A


due disability? Y

N

Please explain




N/A


people due to sexual orientation? Y

N

Please explain




N/A


people due to their age? Y

N

Please explain



12a Is there any likelihood the policy could have a differential impact on

Young People and Children? Y

N

Please explain




N/A

12b Is there any likelihood the policy could have a differential impact on

Older People? Y

N

Please explain




N/A


people due to their religious belief? Y

N

Please explain




N/A

14. Is there any likelihood the policy could have a differential impact

on people due to them having dependants/caring responsibilities? Y

N

Please explain




N/A

15. Is there any likelihood the activity could have a differential impact

on people due to Marriage or Civil partnership? Y

N

Please explain




N/A


people due to them being Transgender or Transsexual? Y

N

Please explain




N/A

17. If a differential impact has been identified in 8-16, will this amount to there being the potential for an adverse impact in this policy?

Y

N

Please explain



18. Can this adverse impact be justified on the grounds of promoting equality of opportunity for one group? Or any other reason?

N/A N

Please explain for each equality heading (question 8-16) on a separate piece of paper

19. If Yes, is there enough evidence to proceed to a full EIA?

YES

NO

20. Date on which Full impact assessment to be completed by.

Signed (completing officer)_DI M Seage Signed (Lead officer) C/Ins P Coates Groups Affected

Please identify the anticipated impact this activity will have on the following population groups.

Tick the appropriate box and give explanation if so required,

Please note that there are both likely benefits and adverse impact within the same group

Any groups highlighted as likely to be adversely affected should be consulted in the second stage Full Impact Assessment if one has been identified as being needed.

Likely to Benefit No Impact Adverse Impact

Disability - Physical ,Sensory, Learning Disability, Mental Health, Carers

x

Gender - Male , Female

x

Transgender

x

Race - Traveller and Gypsy etc

x

Sexual Orientation - Lesbian, Gay , Bisexual

x

Religion and Belief

x

Age - Young and Old

x

Marriage and Civil Partnerships

x

Appendix A - Medical Information verification for Firearms Licensing

1. Introduction

1.1 The current Home Office Firearms Licensing Guidance recommends that Police Forces make the

best decision possible on the information available. It is clear medical information is becoming

increasingly important to the Firearms Licensing process and considered essential for effective

decision making in order to keep the public safe. The National Decision Making Model highlights the

importance of information and intelligence, and medical files often contain vital information.

1.2 Lincolnshire Police believe that the confirmation of the medical information supplied by

applicants should form a compulsory part of the information required to make a balanced and

reasonable assessment of an application. This has taken into account the safety and welfare of the

residents of Lincolnshire, as well as the safety and welfare of our license holders.

1.3 Lincolnshire Police would be failing to exercise due diligence in its duty to protect the public if it

did not take into account the risk factors of mental health and other debilitating conditions relating

to owning a shotgun or firearm.

1.4 All applicants are required to declare if they suffer from any of the relevant conditions as

specified by the Home Office. The force continues to encounter instances where applicants have

made dishonest declarations about their health.

2. Procedure

2.1 An applicant request a GP Verification report from their registered practice prior to any

application being made with the department. This department upon receipt of the report will inform

the applicant that they are now able to apply. This affects all grants, renewals and transfers into

force. (This will identify if they suffer from any of the relevant conditions or not. By taking receipt of

the GP Verification Report prior to any application, there will be significant reduced waiting times

and subsequently giving an enhanced service delivery).

2.2 If an applicant is unable to provide a GP Verification Report, the application will not be

submitted. This applies to both Grants Renewals & transfers into force.

2.3 Lincolnshire Police have worked with GPs across the county to ask that they provide a fair and

consistent approach to fees, for supplying the medical information. This will provide consistent

levels of service across Lincolnshire.

2.4 Lincolnshire Police and GPs have been working together to get the best advice where a medical

issue provides concern. There may be the option to get a further medical report from a medical

professional with additional specialist experience, to identify whether or not an applicant is suitable

for a license.

2.5 All firearm and shotgun renewals grant applications and transfers into force will be assessed in

conjunction with verified medical information.

2.6 Any application for the grant, renewal and transfers into force of a firearm or shotgun where the

applicant’s medical information has not been provided will be withdrawn.

2.7 The public of Lincolnshire, including members of the shooting community and their families, will

be better protected by the force implementing this measure and working towards a safer

Lincolnshire.

2.8 The force will incorporate the compulsory verification of medical information within the firearms

Licensing process in Lincolnshire in the belief that this will also result in efficiencies.

2.9 The force will introduce a simple solution to an ongoing problem that is undermining public

safety and obstructing the Firearms Licensing Process.

3. Key Information

3.1 The changes to the Home Office medical process implemented in April 2016 showed that

medical information and its verification is an essential part of the firearms licensing process.

3.2 The increased use and availability of medical information has unequivocally proved that a

minority of shooters are being dishonest by not revealing the existence of medical diagnosis on

Firearms Licensing applications.

3.3 H M coroners have long held the view that medical reports are a critical part of the firearms

licensing process. Coroners have identified many occasions where the use of medical reports could

have saved lives.

3.4 Lincolnshire Police Firearms Licensing and Explosives Department will ensure that certificates will

not be issued for grants, renewals and transfers into force without the verification of applicant’s

medical information from the information held by the applicants GP. Private treatment for any of

the relevant medical conditions must be taken into account also.

3.5 The Force currently accepts electronic applications as the primary with the occasional paper

applications, and both will need a GP Verification Report prior to any application being made in

order to progress.

3.6 If the GP refuses to supply the information for any reason, then the force will not have the

required information. A certificate cannot safely be issued, and the application will be not be

accepted.

4. Benefits

4.1 The benefits are:

4.1.1 Improved information for the Decision Makers will further safeguard the public of

Lincolnshire by ensuring relevant medical issues are taken into consideration.

4.1.2 A safer Lincolnshire for the public, shooters and their families.

4.1.3 An enhanced service with shorter processing times for applicants who submit medical

verification information with their application.

4.1.4 A consistent process and a reasonable identified fee structure across the county.

4.1.5 Links with the digital platform will allow improved communication between GPs and Firearms

licensing and allow easy verification

4.1.6 Lincolnshire Police have a desire to innovate and pioneer the partnership working between the

Forces, GPs and the shooting community for benefit of all.

4.1.7 Leading by example in demonstrating good risk management and prioritisation of public safety

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