How to appeal the refusal or revocation of a Firearms/Shotgun Certificate in Scotland

If you own a firearm in Scotland, it’s important to be up to date with the intricacies of the Firearms Act 1968 (the Act) to avoid any scrutiny from the police and authorities. Firearms and shotgun certificate holders, or those wishing to apply for a certificate, should be mindful of the key considerations that are taken into account by Police Scotland when revoking certificates or reviewing an application for a certificate. Here is a brief synopsis of the important points to remember when an appeal is needed.

What happens if my application is refused or revoked?

The relevant statutory framework for appeals is contained in the Act (as amended in 1988). Section 44 details that an appeal against certain decisions of a chief officer of police (for example, a decision of refuse to grant or renew a firearm or shotgun certificate, or to revoke such a certificate) lies in Scotland with the Sheriff, and that an appeal shall be determined on the merits and not by way of review.

It’s also important for anyone holding or applying for a firearms/shotgun certificate to be aware of the sections in the Act which provide further guidance on the reasons that will be considered when  making the decision to grant, renew or revoke a firearm or shotgun license.

Some of the most common reasons for refusing or revoking a firearms/shotgun certificate in Scotland are summarised below. These set out the legal test and justification used by Police Scotland when making their decisions of refusal/revocation and will form the basis of an appeal.

For grant/renewal:

Section 27 of the Act applies to firearm grants/renewals and states the following:

A firearm certificate shall be granted where the chief officer of police is satisfied—

(a) that the applicant is fit to be entrusted with a firearm to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a firearm;

(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition in respect of which the application is made; and

(c) that in all the circumstances the applicant can be permitted to have the firearm or ammunition in his possession without danger to the public safety or to the peace.

Section 28 of the Act applies to shotgun grants/renewals and states the following:

A shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.

(1A) No such certificate shall be granted or renewed if the chief officer of police—

(a) has reason to believe that the applicant is prohibited by this Act from possessing a shot gun; or

(b) is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

For revocation:

Section 30A of the Act applies to revocation of firearm certificates and states the following:

The certificate may be revoked if the chief officer of police has reason to believe—

(a) that the holder is of intemperate habits or unsound mind or is otherwise unfitted to be entrusted with a firearm; or

(b) that the holder can no longer be permitted to have the firearm or ammunition to which the certificate relates in his possession without danger to the public safety or to the peace.

The certificate may be revoked if the chief officer of police is satisfied that the holder is prohibited by this Act from possessing a firearm to which section 1 of this Act applies.

The certificate may be revoked if the chief officer of police is satisfied that the holder no longer has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition which he is authorised by virtue of the certificate to have in his possession or to purchase or acquire.

Section 30C of the Act applies to revocation of shotgun certificates and states the following:

A shot gun certificate may be revoked by the chief officer of police for the area in which the holder resides if he is satisfied that the holder is prohibited by this Act from possessing a shot gun or cannot be permitted to possess a shot gun without danger to the public safety or to the peace.

It should be noted that the certificate shall, unless previously revoked or cancelled, continue in force for five years from the date when it was granted or last renewed, but shall be renewable for a further period of five years by the chief officer of police for the area in which the holder resides.

The Act also states that in Scotland an appeal to the Sheriff shall be by way of summary application. This application must be made within 21 days after the date on which the notification of the decision of the chief officer of police has been received.

What about air weapons appeals?

For an air weapons appeal, under Air Weapons and Licensing (Scotland) Act 2015, an appeal must be lodged with the court within 21 days of the date stated on the letter of notification from the chief officer of police. This is a subtle differentiation but one to bear in mind if you ever need to appeal an air weapons certificate decision.

And what next?

On hearing the appeal, the Sheriff may either dismiss the appeal or give the chief officer of police further directions. When reviewing their decision, a Sheriff will consider factors such as supportive testimonials, particularly from other certificate holders known to the appellant, medical evidence (if applicable), historic convictions, character traits and the test of reasonableness. Accordingly, a significant amount of investigation and enquiries take place when an appeal is lodged with the courts. Where the appeal will be heard will be determined by the jurisdiction that the individual lives in.

If the Sheriff upholds the decision of the chief officer of police, you may lodge an appeal but only on a point of law and not in respect of the facts and merits of the case.

It’s worth considering the costs associated with the appeal process and whether it is economically proportionate to proceed with an appeal. A significant factor when making this decision is often whether the individual needs the certificate for employment purposes. If you hold or are considering applying for a firearms or shotgun certificate for this reason, we recommend considering a legal expenses insurance policy, which could prove invaluable if you find yourself in a situation where you need to make an appeal.

Essentially, being a law-abiding citizen and following the government guidance associated with the firearms legislation is critical to avoiding any potential breaches of the Firearms Act 1968.

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