| Articles - Drink Driving and Shotgun Licence | ||
Question I have just been disqualified for drink driving, and have been told I may lose my Shotgun Certificate. Is this correct? Answer It is possible but unlikely that your Certificate will be revoked. S30 of the Firearms Act 1968 now allows your Chief Constable to revoke your Shotgun Certificate if he has reason to believe you are of "intemperate habits." Your drink drive conviction could therefore be used as grounds to support such a revocation. This is more likely if the drink driving offence is an exceptionally serious one perhaps involving a very high blood/alcohol level or having come to light after an accident caused by the reckless driving of the certificate holder whilst "in drink". Although drink driving has (on the face of it) nothing to do with whether a person can be allowed to possess firearms without danger to the public or the peace, your Chief Constable is quite entitled to consider it. In the well known case of Germain the High Court decided that irresponsible or intemperate behaviour in any areas of a certificate holder's life (i.e. areas unrelated to firearms) could be taken into account in deciding whether he was a danger to the public or the peace in continuing to possess firearms. In this context drink driving convictions indicated a lack of self control. However, in the absence of aggravating factors, it is unusual for a certificate holder to lose his Shotgun Certificate after one drink drive conviction. It is more usual for him to receive a warning letter to the effect that if a further drink drive conviction follows he will then be revoked. If revoked after an ordinary drink drive conviction you could Appeal to the Crown Court with a good prospect of success. Any such Appeal must be filed within 21 days of receipt of the Notice of Revocation and will then require detailed legal preparation. Word version of this article 
David M.B. Barnes B.A. is a Shooting and Countryside law Solicitor Enquiries Tel. 07887 762275 Email: bb@shootinglaw.co.uk |
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