If you own a firearm licence, did you know that a drink or drug driving allegation may impact the likely continuation of your firearm licence or block an application from being approved? To some, a firearms licence is as essential as holding a driving licence. Eg. farmers, pest controllers. If alleged to have committed an alcohol or drug driving charge this could present major headaches in relation to the continuation of both the driving and firearms licence.
For an overview of the reporting requirement and appeal information, you can review our factsheet here:
Ultimately, the Chief Officer can revoke a shotgun certificate if they are not satisfied that the holder does not pose a danger to public safety or to the peace. Similarly, a firearm certificate can be revoked where the holder is considered to be unsound of mind, has intemperate habits or is unfit to be trusted. Any allegation made against a firearms licence holder may be considered and if you were to be convicted of the offence alleged, this would carry significant weight.
Section 12 of the Licencing Act 1872 covers the offence of a person being “drunk” when in possession of a loaded firearm. Unlike the offence of drink driving, there is no prescribed alcohol limit for being drunk in charge of a firearm.
The case of Chief Constable of Essex v Germaine (1991) 156 JP 109 establishes that the Chief Officer, when considering the suitability of the hopeful firearm certificate holder, can take into account any “irresponsible behaviour”. In this case, Mr Germaine was faced with his third drink driving offence before his driving licence was revoked. This was, however, back in 1991 and tolerance of alcohol and drug-related offences has reduced since then.
The case of Lubbock v Chief Constable of Lothian & Borders Police (2001) is usually cited where a firearm certificate is refused or revoked due to a drink-driving offence. Interestingly, this case was not a drink drive charge but rather an alternative offence of failing to provide an evidential specimen of breath. This was treated as an aggravating factor involving a deliberate attempt to avoid prosecution.
It is therefore likely that a drink driving or drug driving conviction will lead to the licence being revoked or refused. To discuss your options if you are facing a drink or drug drive offence, call to speak to one of our talented legal team for free initial advice.
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