It has been an interesting 12 months for the regulatory department in shotgun and firearms licensing. Our head of department, Ian Anderson, looks back on some of the cases dealt with by the team, and considers how things have developed in practice:

Case study 1: West Mercia Police
The application for a shotgun certificate was refused citing a police-call out for a domestic incident in 2021. We provided a detailed explanation to the police and asked them to reconsider the decision. Following a short period of reflection, and a visit from a firearms enquiry officer, the decision was reversed and the certificate issued.

Case study 2: Lincolnshire Constabulary
Co-terminus firearms and shotgun certificates were revoked following a suspended sentence of imprisonment for an environmental offence. The suspended sentence triggered the automatic prohibition on the possession of firearms for 5 years under section 21 of the Firearms Act 1968.

We applied to the Crown Court for the removal of the prohibition and negotiated an agreement with the Chief Constable for it to be lifted, on the understanding that our client would delay any application for a new certificate until after the expiry of the suspended sentence order in October 2026.

Case study 3: West Mercia Police
Refusal to renew a shotgun certificate due to a failure to declare a caution administered in 2004. We appealed, citing our client’s neurodiversity and evidencing that any failure was more likely a genuine oversight than an attempt to mislead the police. The refusal decision was reversed and the certificate granted.

Case study 4: Leicestershire Police
Refusal to renew a firearms certificate following a domestic related arrest where no further action was taken. An appeal was lodged with a request to meet the chief constable to discuss the circumstances. Following a meeting, a negotiated settlement was agreed to allow 12 months to elapse between the date of the arrest and a new application, with initial conditions around the storage of ammunition away from the family home. A conditional certificate was duly granted.

Case study 5: Devon and Cornwall Police
Revocation of a shotgun certificate due to an alleged neighbour dispute and medical concerns. We appealed and served comprehensive grounds of appeal and supportive medical evidence. Following a slightly protracted negotiation, our client’s certificates were restored and his guns returned, enabling him to continue to conserve and restore land of significant scientific interest and ecological importance.

Case study 6: Metropolitan Police
Shotgun and firearms certificates revoked following the breakdown of a relationship and proceedings in the Family Courts. We lodged an appeal and served witness and character material. Prior to the final hearing, a further complaint was received by the police, and a decision was made to withdraw the appeal.

Case study 7: West Yorkshire Police
Refusal of an application for a shotgun certificate due to historic convictions, cautions and arrests which were not disclosed on the application form. There had been a long period of stability since the most recent offence. A settlement was negotiated prior to the appeal hearing for the appellant to allow a period of two years (from the original refusal date in 2025) to elapse before reapplying on the basis that, so long as they were declared, the old convictions and cautions would not in isolation be considered a sufficient reason to refuse a new application.

Case study 8: Humberside Police
Refusal of a co-terminus certificate due to a complex history of domestic instability. A clear witness statement setting out the position chronologically was provided, along with witness and documentary evidence to rebut the allegations (none of which had led to a charge or conviction).

Following the service of evidence, a meeting was arranged with the chief constable where a settlement was negotiated for an application to be granted in approximately 9 months and the appeal withdrawn.

Case study 9: West Yorkshire Police
Application for a shotgun certificate refused due to historic convictions and intelligence linking the appellant to various criminal matters for a long period, which had then been followed by a serious illness and a very long period of stability.

The police served material on the day of the appeal which led to discussions to settle the case. We agreed for the appeal to be withdrawn, and for the police to grant a certificate in mid-2028 provided no new issues arose. A nominal costs order was agreed.

Case study 10: Dyfed Powys Police
Application for renewal refused due to medical issues involving the appellant’s partner and concerns over whether the appellant had “good reason” to possess a shotgun. An appeal notice and evidence were filed and a hearing date set. Unfortunately, there followed a further complaint regarding our client, and having considered the nature of the complaint we advised them to withdraw the appeal.

Case study 11: Cumbria Police
Our client had something of a chequered police history, but also very clear evidence of rehabilitation. At the appeal hearing, the appellant, his partner and son gave evidence. We presented a compendium of character references to the appellant’s community standing, but the appeal was refused “with some regret” by the court. The rationale was that the appellant’s most recent conviction took place at a time when he knew that his licence would be in jeopardy if he committed another offence.

Case study 12: Cheshire Constabulary
Refusal to grant based on medical grounds. In response we provided an expert medical report and a great deal of character and other supportive material. Following a full review, the Chief Constable withdrew opposition to the appeal and the shotgun certificate was issued.

Case study 13: Thames Valley Police
An application for a shotgun certificate was refused due to historic police intelligence. The appellant disputed that the intel was accurate. We asked for the decision to be reversed on the basis that the allegation was more likely to be false than true, and the fact that it appeared not to have been investigated or progressed. We provided evidence of this, and the police agreed to reverse the decision. The application was duly granted.

Reflections
There has been a shift toward resolving appeals by negotiation and for the police to reverse revocations and refusals where the gun owner can demonstrate that the decision was wrong. Given the current court backlogs and frequent adjournments, negotiating an agreement is often preferable to waiting for an appeal, and removes the uncertainty and potential costs.

We have also noted a trend where police costs have risen significantly nationwide, and this is something which must be factored into any negotiation or decision to proceed to a full appeal.

It is also clear that any new information coming to light which casts doubt on the suitability of the appellant will be potentially very damaging to an otherwise well-argued case.

For confidential advice on firearms licensing, or to discuss a seizure, surrender, refusal, revocation, prohibition or appeal, we’re here to help. Get in touch with Ian Anderson or the team on IanAnderson@schofieldsweeney.co.uk.