New Statutory Guidance for Firearm Licensing
In a previous article entitled ‘Firearm Certificates | Appealing Refusal or Revocation of a Certificate’ we examined the provisions of the Firearms Act 1968 relating to the granting and revocation of Firearm Certificates.
The UK continues to exercise extremely stringent firearm control with the consequence that offences involving the use of firearms only represent a small proportion of all criminal prosecutions.
In 2014 -2015, HM Inspectorate of Constabulary and Fire and Rescue Services highlighted the need for consistency in the application of firearm licensing law by police forces. This resulted in the Policing and Crime Act 2017 which underpinned the introduction of the ‘Statutory Guidance for Chief Officers of Police’ on firearm licensing.
This Statutory Guidance was updated on 5th August 2025 and introduces a considerable number of licensing changes, with police forces instructed to consider a wider range of factors when deciding whether to issue or renew a Firearm Certificate, such as minor motoring offences and social media activity.
Sukhdip Randhawa of KANGS outlines aspects of the new Statutory Guidance.
Contents
The Policing and Crime Act 2017
Under Section 133 of this Act entitled ‘Guidance to police officers in respect of firearms,’ the Firearms Act 1968 is amended by the insertion of the following:
55A Guidance as to exercise of police functions
The Secretary of State:
- may issue guidance to chief officers of police as to the exercise of their functions under, or in connection with, this Act.
- may revise any guidance issued under this section.
- must arrange for any guidance issued under this section, and any revision of it, to be published.
A Chief Officer of police must have regard to any guidance issued under this section.
Firearm Licensing Statutory Guidance
This Guidance, which came into force on 1st August 2025 refers to and deals with a number of issues including the following.
The Suitability Checks for a Firearms Certificate
There are extensive checks that Chief Officers should complete when assessing whether a person can be permitted to possess a firearm without danger to public safety or the peace. These checks apply to the grant or renewal of a shotgun or firearm certificate and include:
Background checks against the most relevant data bases,
Home visits and inspections must always be made and include an interview and inspection of the arrangements for the secure storage of firearms and shotguns,
Referees – two referees must be provided who, amongst other criteria, must be resident in Great Britain and be of good character,
Medical suitability – the onus is on the applicant to produce this and medical conditions that may be relevant include post-traumatic stress disorder, suicidal thoughts and alcohol or drug abuse,
Social media checks – Chief Officers should consider whether to conduct an open source check on the applicant’s social media presence and activity,
Additional checks, for example, where domestic abuse may be suspected.
Checks at renewal – All of the checks set out above are equally relevant for renewal applications, which should be considered on a case -by-case basis. Where thought appropriate, a further interview may be required.
Assessing Suitability
The primary consideration should always be whether the applicant can be permitted to possess a lethal-barrelled weapon without posing any danger to public safety or to the peace.
The applicant need not have been involved in any physical violence to be considered unsuitable. Abusive behaviour, a lack of self-control, recklessness, disregard for the law, a reasonable likelihood that the firearm could be accessed by an unsuitable individual, or links to terrorism, proscribed groups or organisations, or organised crime will mean an applicant is unsuitable and the application must be refused.
There are many factors to be considered when assessing suitability including:
- criminal history including cautions, fixed penalty notices and any other out of court disposal for any offence,
- any civil orders, particularly those involving domestic violence,
- any evidence, including intelligence, of any criminal activity where there are no charges, conviction or other disposal,
- relationship difficulties or other domestic turmoil,
- relevant medical conditions including alcohol and drug abuse,
- financial pressures and unexplained sources of income.
Chief Officers do have a responsibility to consider positive evidence such as rehabilitation, change in circumstances, good character or a history of responsible ownership of firearms.
Continuous Assessment
In addition to the checks at the time of granting and renewing applications, Chief Officers must ensure that either of the following processes are in place to allow continuous assessment of suitability to possess firearms:
- ensuring all parts of the force, including domestic abuse and public protection units and all multi-agency structures, systematically and routinely notify the firearms licensing department as soon as possible of any new intelligence or incidents or
- the firearms licensing department completing cross-checks against all relevant local and national databases and intelligence systems on a regular basis.
Unannounced Visits and Inspection
Unannounced visits or inspection should be taken where judged necessary based on specific intelligence in light of a particular threat or risk of harm. The police have powers to seize firearms, shotguns and ammunition where they consider there is an immediate threat to life.
Record keeping
Chief Officers should record considerable information on the relevant national firearms licensing database including:
- the nominal details of all applicants and certificate holders, plus the status of those certificates including firearms possessed,
- any information relevant to the suitability of the applicant, including intelligence and allegations or concerns raised, even if not proven,
- reasons for granting approval, renewal or refusal decisions,
- storage details for firearms,
- dates of visits and inspections,
- any other relevant information.
How Can We Assist?
State control of the possession of any form of firearm or shotgun continues to tighten and, inevitably, will continue to do so.
Given the constant changes in the controlling legislation, the need to seek legal expertise in respect of all issues involving the possession of firearms, including presenting an Application for a Firearm License, or its renewal, is more essential than ever.
The team at KANGS is always alert to changes in the legislation affecting firearms and would be delighted to assist with any problem you may encounter.
If you require our assistance, please do not hesitate to contact our team on the contact details below.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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