Firearms licensing

Firearms licensing overview

This authorised professional practice (APP) relates to the licensing of firearms and focuses on the: 

• strategic issues
• roles and responsibilities of individuals involved in this activity 
• licensing process

The term ‘firearms’ is generally used in this APP to refer to all lethal barrelled weapons. This includes shotguns, unless there needs to be a distinction. For example, distinguishing between issues to do with firearms certificates and shotgun certificates.

Forces should align their activity with this APP and the Home Office guide on firearms licensing law, and must take into account the Home Office statutory guidance.

Forces that choose not to align their activities with statutory/non-statutory guidance and this APP should notify the national policing lead for firearms and explosives licensing. They should provide a rationale for these decisions. 

Aims and objectives of firearms licensing

The aim of firearms licensing is to ensure public safety by controlling access to firearms. We can keep the public safe by focusing firearms licensing activity on the following objectives.

• Prevent foreseeable or avoidable harm.
• Manage risk and act decisively if risk is identified.
• Be proportionate and timely.
• Provide a fair, rigorous, transparent and consistent service to the public.

Effective assessment, use of professional judgement and decision making underpins the aim and objectives.

Legislation

Firearms licensing activity is governed by legislation, the most relevant being the Firearms Act 1968. Forces must align their activity with all relevant legislation.

Firearms licensing enables the lawful granting or renewal of firearms certificates to suitable people. Certificates allow the holder to possess, purchase and acquire the firearm to which they refer.

Some people deal in firearms for business (for example, manufacture, sale, repair, testing). These applicants may be registered as a firearms dealer.

Assessing suitability

Chief constables are responsible in law for firearms licensing decisions in their force. They grant and authorise firearm and shotgun certificates. Certificates are given to applicants with a good reason for possessing a firearm or shotgun and who are assessed as suitable.

Suitability criteria are set out in the Home Office statutory guidance for chief officers of police on firearms licensing.

The main consideration for suitability should always be whether the applicant can possess a firearm without danger to either:

• public safety (including themselves)
• the peace

The chief constable should establish the governance and infrastructure to support effective firearms licensing in their force. This should be done in line with the underpinning aims and objectives set out previously.

Firearms licensing activity includes the refusal or revocation of certificates. Certificates are refused or revoked for individuals who are unsuitable, or become unsuitable, to possess firearms.

When forces use risk assessment tools alongside the national decision model (NDM) to inform the assessment of suitability, they should ensure they are used in conjunction with professional judgement to aid effective decision making.

Supporting guidance and bodies

Several national products and bodies support firearms licensing activity. These include the following.

• The Home Office statutory guidance for chief officers of police on firearms licensing, which covers the processes and criteria for assessing suitability to possess firearms and to be a registered firearms dealer (RFD).
• The Home Office guide on firearms licensing law.
• The Home Office firearms security handbook, which provides guidance for police and others on securely storing and moving firearms.
• The National Police Chiefs’ Council (NPCC) portfolio and Firearms and Explosives Licensing Working Group (FELWG), which address national issues and act as gatekeepers of organisational learning.
• The firearms and explosives licensing community on Knowledge Hub, which enables practitioners to discuss ideas, problems, processes and legislation with colleagues from different forces.

Governance 

A chief constable is responsible and accountable to the public for firearms licensing decisions. They should be able to audit and give reasons for decisions concerning grants, renewals, refusals, revocations and returns of firearms and certificates.

They should also ensure that any risks to public safety and/or any breaches of the Firearms Act 1968 are identified and investigated.

The chief constable should consider appointing a member of the chief officer team to act as senior responsible officer (SRO) and strategic lead with responsibility for governance of firearms licensing in their force. This appointment should be based on appropriate capability, experience and capacity. The strategic lead should help forces to adopt and correctly implement this APP, the Home Office firearms licensing guidance and nationally agreed policies and procedures.

The role may also include:

• assigning and managing appropriate resources for the department
• monitoring performance
• financial responsibility
• public engagement

This appointment does not remove or reduce the chief constable’s responsibility and accountability for firearms licensing.

The chief constable or strategic lead should hold regular governance meetings. These should be used to discuss and/or assess the overall performance of the licensing department.

A chief constable may delegate some or all of their powers to other staff in accordance with their role and responsibilities. The delegation of powers supports efficient and effective compliance with the administration of the Firearms Act 1968. Powers should be delegated to staff based on their capability, experience and capacity.

Full authorities should only be delegated to the strategic lead, a senior officer and/or the firearms licensing manager. Other selected staff members may be given partial authorities to grant, renew or vary a certificate.

The chief constable should define, agree and communicate in writing:

• the parameters of delegated authorities
• what decisions can be made and by whom

To be open and transparent, forces should consider making this information available publicly. For example, as part of the strategic demand assessment.

A chief constable may delegate some of their authority to selected staff members (for example, the strategic lead). They must, however, keep oversight, governance and accountability for all firearms licensing decisions made on their behalf.

Staff with delegated authorities should have the experience and capability to ensure that they can audit and account for their decision making. Although the majority of decisions will be made during office hours, forces need to ensure arrangements are in place to provide delegated authority 24/7, all year round – for example, to make urgent decisions around revocation.

Forces should document who can exercise delegated authority against different types of decisions (with a focus on ensuring appropriate experience and capability is aligned to each category). Categories of decision can include:

• granting
• renewal
• variations
• refusal
• revocation
• return of firearm (following a suitability review)

Strategic demand assessments 

Chief constables should develop a strategic demand assessment (SDA). This ensures their force has the appropriate capacity and capability to meet firearms licensing-related demand. The SDA should be undertaken against the underpinning aims and objectives. It should consider:

• identifying the demand for firearms licensing capacity and capability. This would include business as usual (for example, applications), anticipated renewals and ongoing suitability assessments for all certificate holders
• identifying the way this demand will be effectively managed, including the people, places, equipment and training required
• identifying and assessing the risks to capability and capacity
• outlining the plans to manage those risks

The SDA should be reviewed annually. The review should include input from the firearms licensing department. There may also be a need for support from other parts of the organisation (for example, performance analysts).

The chief constable should approve the SDA, or sign-off should be delegated by them to a senior member of staff (for example, to the strategic lead for firearms licensing).

Results of the SDA should be forwarded to the national lead via the NPCC firearms licensing portfolio. This enables the national policing lead to assess the level of national demand and capacity, as well as having oversight of challenges in the system. The portfolio and supporting working group (FELWG) can advise and facilitate discussion and action for forces who identify problems as a result of the SDA.

Early sight of potential or actual issues relating to demand, capacity and capability offer the opportunity for effective mitigating action.

Delivering a good service

Although it is not a legal right in the UK to possess a firearm, staff in firearms licensing departments should strive to deliver a high-quality service to applicants and certificate holders who require a firearm as part of their work or elect to hold a firearm for sporting and recreational purposes.

The ways in which the police engage and interact with the community – as well as the negative and positive experiences of the public when accessing firearms licensing services – can influence subsequent perceptions of police fairness and legitimacy, and confidence in the police.

Forces must deliver a high-quality service that encompasses public engagement and complies with the Human Rights Act 1998 and the Equality Act 2010. Adopting a procedurally just approach can help achieve this. For example, by:

• making impartial decisions and explaining how they were reached (for example, by explaining decisions on suitability)
• showing trustworthiness by being open and honest (for example, by making documents such as the strategic demand assessment publicly available)
• treating people with dignity and respect

Forces should ensure they are responsive to enquirers and provide communication options into the licensing department, for example telephone, email and/or web forms.

Information should be made available to applicants and certificate holders on how to appeal decisions made by the force. Forces should also make clear their complaints procedure.

Firearms licensing processes 

Overview

Every grant or renewal application received by a firearms department must be recorded and checked by firearms licensing staff. These should be recorded on the National Firearms Licensing Management System (NFLMS) as soon as practicable. The grant or renewal process ends in a decision about whether a certificate is granted or refused.

The process that leads to this decision presents various opportunities to assess suitability. This section highlights some of these opportunities and processes. (These also apply to decisions on revocations and return of firearms.)

The statutory guidance should be read in conjunction with this APP as it covers the criteria for assessing suitability.

Applications

The Home Office provides a standard form for applying for a firearms certificate. Forces should have systems in place to receive:

• applications (electronic and non-electronic)
• payments
• photos

Enquiries and checks for suitability by firearms licensing staff begin with the application.

These enquiries and checks should be sufficiently rigorous to provide FEOs with as much information as possible before the home visit of an applicant. These enquiries and checks should be informed by the statutory guidance.

Home visits

The Home Office statutory guidance provides information on when home visits are required. Home visits for grants or renewals should be conducted by the FEO.

During the visit, the FEO should cross check any information on the application form relating to suitability concerns). They should also check the applicant’s:

•  ID
•  physical security relevant to safe storage of firearms (see the Home Office firearms security handbook)
•  competence around safe handling and usage

The FEO should be inquisitive and apply professional judgement to the identification of other sources of information that could be relevant to the application.

As part of the visit, the FEO may identify issues that are wider than firearms licensing. For example, they may notice signs of vulnerability or criminality. In these cases, the FEO should:

• assess the impact of these issues on suitability
• be aware of how and where to escalate any wider issues where appropriate

The FEO should record information collected during a visit. Any outstanding issues or actions as a result of the visit should be followed up. This should be done by the FEO or other members of the firearms licensing department in a timely manner.

Decision making 

Investigative activity, including checks and in-person visits, should inform the assessment of the applicant or certificate holder’s suitability. The decision to grant, refuse or renew will then be made by the post holder who has appropriate delegated authority.

If this investigative activity has not returned information that undermines or compromises the applicant’s suitability to acquire, possess and lawfully use a firearm, a firearms certificate should be granted or renewed.

If investigative activity and assessment of suitability have established information that puts in question the applicant’s suitability to acquire, possess or lawfully use a firearm, the decision will be to refuse the application or revoke the certificate, unless outstanding issues around suitability have been resolved.

In cases of refusal or revocation, sufficient rationale should be provided to the applicant. This should be clear and detailed enough to help them decide whether to appeal.

When considering the assessment on suitability, decision makers should apply professional judgement.

The majority of decisions may be straightforward. But the decision maker should:

• be ready to challenge any discrepancies and seek clarification
• remember all cases are unique and not be complacent in their decision-making

The NDM provides a framework that can be used to examine and challenge decision making.

Quality assurance

The strategic lead for firearms licensing or the firearms licensing manager should develop and own a quality assurance (QA) strategy that covers all aspects of firearms licensing. This will help the force meet the aims and objectives of firearms licensing. It also enables and encourages continuous improvement.

QA can help ensure that processes (for example, quality of intelligence checks) are being undertaken appropriately and that the correct decisions are being made – whether in relation to ‘routine’ or ‘complex’ applications or renewals. Dip sampling decisions made can help achieve this.

Decision making – increased complexity or risks to public safety 

Some cases may have greater complexity and/or potential risks to public safety. (For example, the decision to return firearms after removal.)

In these cases, decision makers (this is likely to be the firearms licensing manager for many decisions) should always:

• consider the underpinning aims and objectives and use the Code of Ethics and the NDM to help guide decision making
• apply their professional judgement
• be prepared to seek additional information and advice – for example, from the force legal team, FELWG or other partners

Peer review and support can also help the decision maker. For example, seeking the view of experienced colleagues with knowledge of firearms licensing and/or decision making in other areas of policing.

In accordance with the statutory guidance on authorising decisions, the decision can also be referred to an officer or staff member senior to the firearms licensing manager with functional responsibility for firearms licensing. For example, the strategic lead.

Ongoing processes

Managing risk, monitoring suitability and QA

Certificates are issued for five years (three years for registered firearms dealers). But the need to monitor and assess risk is a continuous and ongoing process during this period. This should be achieved in two ways.

1. Police systems (such as the Police National Database and the Police National Computer) and/or information or intelligence from internal or external partners and stakeholders may flag up issues on current certificate holders. This may affect their suitability.
2. Some certificate holders may require extra checks during some, or all, of the licensing period. For example, to monitor any issues identified during the application process that could affect ongoing suitability if not reviewed. Forces should factor this checking into their SDA.

Based on risk assessment and their professional judgement, decision-makers (likely to be the firearms licensing manager) will need to take proportionate and appropriate action in response to any information identified during monitoring.

However, in any circumstances where it is assessed that there is a risk to public safety, firearms, certificates and ammunition must be removed.

As a result of monitoring, additional enquiries and investigative activity may be required. Any required investigative activity should involve the most appropriate staff. For example, in some cases there may be a requirement for other departments, such as public protection, to be involved. The progress, quality and outcome of any investigation should be monitored through processes agreed at the governance meetings.

Forces should also consider developing a dip sampling process to select and review current certificate holders. Forces should ensure there is an agreed process for this. This will support QA and could cover:

• decisions made to grant or renew certificates (including temporary permits) and returning firearms
• checking a certificate holder against the Police National Database, which may provide information around the involvement of certificate holders in incidents within and outside force boundaries
• checking local systems, for example intelligence and incidents

Short notice removal of firearms and certificates 

Chief constables and/or the strategic lead for firearms licensing should ensure that advice is available to officers on the processes and legal options available to them when responding to incidents where:

• a firearms certificate holder is involved
• an officer believes the holder should not remain in possession of their firearm(s) and certificate because they may pose a risk to public safety (to others or themselves)

This advice should emphasise the underpinning aims and objectives of firearms licensing and the process officers should follow if there is time and opportunity to seek advice from their force’s firearms licensing department. For example, contact details for FEOs, staff with delegated authorities.

Need for immediate action

There may be circumstances where officers assess the need for immediate action that requires the removal of firearms and certificates to ensure public safety. Relevant examples could include but are not limited to:

• alcohol or drug use
• medical suitability
• domestic abuse incidents
• violence or threats of violence made to others, including those made online
• ongoing and escalating disputes with neighbours
• associations or links to organised crime groups
• involvement in a crime where the conduct of the certificate holder is such that it would be a cause for concern if they were left in possession of their firearm

Note: Force procedures should be followed for the criminal use of firearms or immediate threats to life.

Options for short notice removal of firearms and certificates

If an officer assesses there is a risk to public safety, they have the following options to remove firearms and certificates:

• seek voluntary surrender
• revocation
• use of legal powers to seize firearms and certificates

The NDM can be used to guide officers and staff (including those with delegated authority) on the most suitable action to take.

If seeking voluntary surrender of firearms and certificates, officers should engage with the individual and encourage voluntary surrender. They should also explain the rationale for why they are taking this course of action. Officers should ensure they have contingency options available to them should voluntary surrender be unsuccessful.

If voluntary surrender is unsuccessful, or it is not an appropriate option, there are legal options available to officers to remove the firearms and certificates. For example, revocation of the firearms certificate can be authorised by an individual with delegated authority.

Other options may be applicable, depending on circumstances. For example, if:

• the firearm(s) has been used or suspected of use in a criminal act (section 19 of the Police and Criminal Evidence Act 1984) and the officer is lawfully on the premises
• the possession of the firearm or shotgun is not authorised by a shotgun or firearm certificate or, in the case of an air weapon which, because of its power level, must be held on certificate or with the authority of the Secretary of State (section 47 of the Firearms Act 1968)
• a warrant has been issued by a magistrate (section 46 of the Firearms Act 1968)
• it is required to prevent a breach of the peace (Common Law) – this applies when an act is committed or threatened, which either harms a person or is likely to cause such harm being done

Officers should also follow any force processes associated with the removal of a firearm(s) and certificate. For example:

• obtaining/seizing certificates at the same time as firearm(s) and ammunition to prevent the purchase of more firearms
• recording serial numbers to ensure all firearm(s) associated with the certificate holder have been removed
• issuing of receipts and recording the removal, for example by using body-worn video or taking photographs
• whether to remove firearms in person’s own gun slip or box, or attempt to dismantle the firearm(s) and any considerations around this
• considerations around storage of removed firearms (for example, registered firearms dealer, police premises or other certificate holder whose suitability has been reassessed in relation to the circumstances)
• ensuring all firearm(s) are made safe by a suitably qualified person

Regardless of the action taken, a slower time investigation by the firearms licensing department can ensure that any decision to return firearm(s) and certificates or revoke them is informed by the required information.

When firearms are removed from certificate holders, receipts must be issued as soon as practicable in accordance with the Home Office statutory guidance.