Recommendations & Conclusions
7 items
65
Conclusion
Third Report - Firearms licensing regul…
Rejected
There are differences in requirements which applicants must meet, in order to obtain firearms licences and shotgun licences. Although legislation related to air weapons is devolved167, Superintendent Duncan told us that “the air weapons test is effectively the same test that would be applied to a firearm”168 - further highlighting …
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There are differences in requirements which applicants must meet, in order to obtain firearms licences and shotgun licences. Although legislation related to air weapons is devolved167, Superintendent Duncan told us that “the air weapons test is effectively the same test that would be applied to a firearm”168 - further highlighting the difference between these requirements and the requirements for shotgun licences. We have heard calls from witnesses for shotgun legislation to be brought into line with firearms and air weapon legislation.
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Government response AI summary
The government has decided not to proceed with the recommendations made to align shotgun and firearms legislation, stating that shotguns are already subject to significant controls and that additional controls are unnecessary and would have a negative impact on their legitimate use; but the government …
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Scotland Office
66
Conclusion
Third Report - Firearms licensing regul…
Rejected
Superintendent Steven Duncan, Head of National Firearms and Explosives Licensing for Police Scotland, told us that, to obtain firearms licences, “you have been deemed to be fit to be entrusted, that you have had good reason for the possession of the firearm, and that that possession would be without danger …
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Superintendent Steven Duncan, Head of National Firearms and Explosives Licensing for Police Scotland, told us that, to obtain firearms licences, “you have been deemed to be fit to be entrusted, that you have had good reason for the possession of the firearm, and that that possession would be without danger to public safety”.169 By contrast, to obtain shotgun licences, Superintendent Duncan told us that “you still need to have good reason, but the only other additional requirement is that there is no additional risk in terms of public safety”.170 Moreover, Superintendent Duncan stated that even “the onus to demonstrate good reason for a firearm sits with the applicant, whereas, with the shotgun legislation, the onus is on the police to show that there is not good reason”.171
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Government response AI summary
The government decided not to proceed with the recommendations made to align shotgun and firearms legislation due to the fact that shotguns are already subject to significant controls and they are important in helping farmers control vermin on their land and in rural pursuits.
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Scotland Office
67
Conclusion
Third Report - Firearms licensing regul…
Rejected
Additionally, the number of referees required to obtain firearms licences is higher than for shotgun licences.172 Superintendent Duncan told us that “For a firearm application you are required to provide two referees, for a shotgun application, you are required to provide one”.173
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Additionally, the number of referees required to obtain firearms licences is higher than for shotgun licences.172 Superintendent Duncan told us that “For a firearm application you are required to provide two referees, for a shotgun application, you are required to provide one”.173
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Government response AI summary
The government has decided not to proceed with the recommendations to align shotgun and firearms legislation, stating that shotguns are already subject to controls and additional controls are unnecessary.
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Scotland Office
68
Conclusion
Third Report - Firearms licensing regul…
Rejected
The differences between firearms and shotgun legislation extend beyond obtaining licences - there are also differences related to revoking licences. Superintendent Duncan stated that: “if you lose your good reason to possess a firearm, we are empowered to withdraw your certificate. However, the same cannot be said for shotguns: if …
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The differences between firearms and shotgun legislation extend beyond obtaining licences - there are also differences related to revoking licences. Superintendent Duncan stated that: “if you lose your good reason to possess a firearm, we are empowered to withdraw your certificate. However, the same cannot be said for shotguns: if you no longer have a good reason, it would need to be on the grounds of public safety”.174 167 Scottish Government, Air weapon licensing in Scotland: a guide, accessed 12 December 2022 168 Q116 169 Q116 170 Q116 171 Q116 172 GOV.UK, Shotgun and firearms certificates, accessed 9 December 2022 173 Q129 174 Q116 Firearms licensing regulations in Scotland 23 He called this “a bit of a gap in the legislation”.175
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Government response AI summary
The government has decided not to proceed with aligning shotgun and firearms legislation, citing the importance of shotguns for farmers and rural pursuits and expressing concern that additional controls are unnecessary and would negatively impact legitimate use, but will keep it under review.
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Scotland Office
69
Conclusion
Third Report - Firearms licensing regul…
Rejected
Rt Hon. Chris Philp MP, Minister for Crime, Policing and Fire for the Home Office, stated that “the test is set differently … [because] there are many people particularly in rural communities, and including across Scotland as much as anywhere else, where the possession and use of shotguns are part …
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Rt Hon. Chris Philp MP, Minister for Crime, Policing and Fire for the Home Office, stated that “the test is set differently … [because] there are many people particularly in rural communities, and including across Scotland as much as anywhere else, where the possession and use of shotguns are part of rural life”.176 However, Superintendent Duncan stated that the requirements for shotgun licences ought to be the same as for firearms and air weapons, as this would make the process “consistent and clear for everyone”.177 He said that “I struggle to see why there would need to be that difference”178 between requirements for different types of weapon. Keith Brown MSP, Cabinet Minister for Justice for the Scottish Government, stated that “It is not immediately obvious to me why we should have different criteria for issuing those licences”.179
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Government response AI summary
The government has decided not to proceed with the recommendations made to align shotgun and firearms legislation, citing public safety balanced with the fact that most licensed firearms holders are law abiding and the importance of shotguns for farmers and rural pursuits.
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Scotland Office
70
Recommendation
Third Report - Firearms licensing regul…
Rejected
Police and officials pointed out the inconsistencies between firearms and shotgun licensing requirements, as described in legislation. To resolve these inconsistencies, they were clear that shotgun licensing requirements ought to be brought into line with licensing requirements for firearms and air weapons. These inconsistencies include: • applicants for shotgun licences …
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Police and officials pointed out the inconsistencies between firearms and shotgun licensing requirements, as described in legislation. To resolve these inconsistencies, they were clear that shotgun licensing requirements ought to be brought into line with licensing requirements for firearms and air weapons. These inconsistencies include: • applicants for shotgun licences not being required to demonstrate that they are ‘fit to be entrusted’ with shotguns; • not having their licences revoked except on the grounds of public safety (rather than no longer having a good reason to own shotguns); • being required to provide one character reference rather than two. Having the same requirements for firearms, shotgun and air weapon licences would make the licensing process clearer for applicants seeking to obtain these licences, and for police forces administering the licensing process.
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Government response AI summary
The government has decided not to proceed with the recommendations made to align shotgun and firearms legislation, arguing that shotguns are already subject to significant controls and additional controls are unnecessary.
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Scotland Office
71
Recommendation
Third Report - Firearms licensing regul…
Rejected
We recommend that the UK Government make the the legislation related to shotgun licences consistent with legislation related to firearms and air weapon licences. We recommend that the UK Government change shotgun licence legislation to require people applying for shotgun licences to demonstrate that they are ‘fit to be entrusted’ …
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We recommend that the UK Government make the the legislation related to shotgun licences consistent with legislation related to firearms and air weapon licences. We recommend that the UK Government change shotgun licence legislation to require people applying for shotgun licences to demonstrate that they are ‘fit to be entrusted’ with shotguns, and to provide character references from two referees. 175 Q116 176 Q197 177 Q118 178 Q118 179 Q157 24 Firearms licensing regulations in Scotland 4 Medical assessments
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Government response AI summary
The government has decided not to proceed with the recommendations made to align shotgun and firearms legislation, citing public safety balanced with the fact that most licensed firearms holders are law abiding and the importance of shotguns for farmers and rural pursuits.
Read full response →
Scotland Office