2012 Contents

Transcription

2012 Contents

Dealer’s Information Pack 2012
Contents
Who can be a Dealer? .......................................................................................................... 2
Types of dealership........................................................................................................... 2
Private security companies (PSCs) ................................................................................ 3
Good reason: ..................................................................................................................... 3
Substantial business ......................................................................................................... 3
Conclusion of Planned interview...................................................................................... 3
Knowledge ............................................................................................................................ 3
Planning permission ............................................................................................................ 3
Place of Business ................................................................................................................... 3
Security: ............................................................................................................................ 4
Storage of ammunition ..................................................................................................... 4
Storage of shooters‟ powders ........................................................................................ 4
Additional places of business.......................................................................................... 5
Record Keeping for Firearms and Ammunition .............................................................. 5
Transfers ................................................................................................................................ 7
Inspections ............................................................................................................................. 7
Servants .................................................................................................................................. 9
Section 5 Authority ............................................................................................................10
Lost or Stolen Weapons and Certificates .....................................................................10
Certificate of Registration ............................................................................................... 11
Game Fairs ............................................................................................................................ 11
Removal from Register of Dealers ...............................................................................12
Gun Barrel Proof Act 1868 .............................................................................................12
Further Information ..........................................................................................................12
-1D Mathias, MIExpE, Explosives Liaison Officer
E Brown, AIExpE, Explosives Liaison Administrator
Devon & Cornwall Constabulary
January 2012
The information set out in this pack is for your guidance. It is not intended to be a
substitute for familiarity with the appropriate legislation, that is the Firearms Acts
1968-1997, the Anti-Social Behaviour Act 2003, the Control of Explosives Regulations
1991, the Manufacture and Storage of Explosives Regulations 2005, the Violent Crime
Reduction Act 2006 and other HSE legislation. Where possible we have highlighted the
relevant Section or Regulation and recommend that you refer to that piece of
legislation.
WHO CAN BE A DEALER?
Section 33(2) of the Firearms Act sets out that the Chief Officer of Police will enter
on to the Statutory Register the names of any persons including bodies corporate who
have or propose to have a place of business in the police area, completes the
application form (Firearms Form 116), and pays the prescribed fee unless:
a)
b)
c)
They are prohibited by a Court under Section 45 of the Firearms Act from being
Registered. All offences must be disclosed even if you think that they are spent;
The Chief Officer of Police is satisfied that they cannot be permitted to carry on
business as a dealer in firearms without a danger to the public safety or the
peace; or
The Chief Officer of Police is satisfied that the applicant will not engage in
business as a firearms dealer to a substantial extent or as an essential part of
other trades, businesses or professions.
The Chief Officer of Police will enter into thorough background checks of all applicants
or the officers of a body corporate to establish their good character, their knowledge
and experience of firearms, the security of their premises and their personal and
professional conduct.
Types of dealership
Section 57(4) of the Firearms Act 1968 gives an interpretation of a firearms dealer as
meaning a person who by way of trade or business manufactures, sells, transfers,
repairs, tests or proves firearms or ammunition to which Section 1 of this Act applies
or shotguns.
Section 31 of the Violent Crime Reduction Act 2006 makes it an offence for anyone to
sell or transfer weapons that are classified under Section 1(3)(b) of the Firearms Act
1968 as air weapons, their component parts or detachable sound moderators by way of
trade or business, unless they are registered with the Chief Officer of Police for their
area as a firearms dealer.
Note: Transfer includes letting on hire, giving, lending or parting with possession.
January 2012
Note: The Act requires dealers to keep a register of air weapon transactions. The
Firearms (Amendment) Rules 2007 outline the details to be recorded in the dealer‟s
register.
Further information regarding registration as a dealer and the sales of air weapons can
be found in the Association of Chief Police Officers (ACPO) and the British Association
for Shooting and Conservation (BASC) Guide to the Violent Crime Reduction Act 2006.
Private security companies (PSCs)
Further information regarding this type of dealership will be written once guidance has
been circulated by the Home Office. This will include applications for the Secretary of
State‟s authority to possess, transfer or acquire prohibited firearms and ammunition.
Good reason: The requirements in the above paragraph (c) provide for those persons
who need to purchase, possess or transfer firearms or ammunition as part of their
trade, business or profession to be registered as dealers.
Substantial business: Any body who proposes to become a registered firearms dealer
must be able to show that they can enter into a substantial business. This will be
measured by the volume of transactions and context of the business during the period
of registration. The dealership must not be used to facilitate private collections of
firearms and shotguns, nor should it be used to provide a service to friends and
associates. Levels of business will be discussed and agreed during the planned
interview.
Conclusion of Planned interview: During the planned interview matters regarding the
safe keeping of firearms and ammunition will be discussed and the measures for
securing will be agreed between the dealer and the Enquiry Officer. Following the
planned visit the dealer will receive a letter setting out the agreed levels of security.
The dealer is required to sign a copy and return it to the Firearms & Explosives
Licensing Unit and a copy of the letter will be for the dealer‟s information.
Knowledge:
The applicant must be able to demonstrate their experience and
knowledge of firearms including safe handling and storage. They should be able to
demonstrate a basic knowledge of firearms legislation relating to their particular
sphere of business.
Planning permission: If you are applying to run a dealership from home, planning
permission may be required. You should contact your local Planning Office for advice.
PLACE OF BUSINESS
January 2012
Security: Dealers‟ security can generally be divided into three areas:
a)
b)
c)
Retail shop premises - display
Stock secure storage
Dealers operating from home
Full guidance on the higher level of security that would be expected for a firearms
dealership can be found in the Home Office produced booklet Firearms Security
Handbook 2005. During the planned interview the security arrangements will be
discussed and agreed. However every business premises will be protected by a
confirmed technology alarm system to PD6662/DD243(2004). Further information
regarding alarm systems can be obtained from the Force Alarms Manager on 01392
452779 or through the web site at www.devon-cornwall.police.uk/alarms
Applicants for a dealership for the selling of air weapons only may be required to install
„reasonable precautions‟ or to level 1 of the Home Office Firearms Security Handbook
2005. Each case will be decided on its merits.
Storage of ammunition: As a matter of good practice Section 1 ammunition should be
kept securely and apart from firearms. Although secure storage of shotgun cartridges
is not required by the Firearms Act it should be locked away for both security and
safety reasons. For further guidance on the safe storage of ammunition the
Manufacture and Storage of Explosives Regulations 2005 should be consulted. If the
dealer only plans to store ammunition then the local Trading Standards (or Fire &
Rescue Service) should be consulted.
Storage of shooters’ powders: Shooters‟ powder means
a)
b)
c)
Black powder
Smokeless powder
Any other substance or preparation based on potassium nitrate or nitro-cellulose
whether in powder, pelletised or granular form used or to be used as a propellant.
For further guidance on the storage of shooters‟ powder the Manufacture and Storage
of Explosives Regulations 2005 should be consulted. If a dealer plans to store
shooters‟ powder the Explosives Liaison Officer for Devon and Cornwall should be
contacted on 01392 452205 or by email to either of the following:
David.mathias@devonandcornwall.pnn.police.uk
Elizabeth.brown@devonandcornwall.pnn.police.uk
January 2012
Should you wish to store shooters‟ powder outside of Devon and Cornwall then the ELO
for that area should be contacted. A national list of Explosives Liaison Officers can be
found on the HSE web site at www.hse.gov.uk/explosives/elo.htm
Additional places of business: The dealer will register all places of business with the
Chief Officer of Police for the area in which they are located. Chief Officers of Police
will doubtless wish to consult each other in cases of this kind but the conditions of
registration should be appropriate to each premises according to their circumstances
and therefore need not be the same in each area. Where a dealer requires to register
another place of business, then they should contact the relevant Firearms Licensing
Department for that area and request Firearms Form 116. Where there is a change in
circumstances regarding a place of business, for example, the dealer plans to move
premises or cease trading, they must consult the relevant Firearms Licensing
Department for that area.
RECORD KEEPING FOR FIREARMS AND AMMUNITION
You are required by Section 40 of the Firearms Act to provide and keep a register
of transactions and shall enter or shall cause to be entered therein the particulars
specified in Schedule 4 to this Act and Rule 10(4) of the Firearms Rules 1998. It
is an offence to knowingly make any false entry into the register. All alterations or
corrections should be made with a single line through the entry to be amended with
the initials of the person who is making the alteration. Correcting fluid or other
mediums of alteration should not be used and under no circumstances should a page
or parts of a page be removed from the register.
The dealer is required to maintain a further register recording all transactions of
Section 1 ammunition. Best practice would be for each calibre and type of round to
be entered separately in the register. The register should show ammunition being
transferred in with details of the transaction. Separate entries should show
transfer of ammunition out and a running stock total. Although firearms legislation
does not require shotgun ammunition to be entered in to a register it would be best
practice to adopt this method of recording transfers of shotgun ammunition.
The register can be kept either as a paper record or electronically. For those who
keep paper records there are a number of commercially produced registers on the
market which take the form of a bound volume with numbered pages for individual
transactions laid out across the double pages. Acquisitions appear on the left-hand
page with the corresponding disposal entry opposite. An example of a layout of a
register is attached to this guide. Exercise books and index card systems do not
amount to a register in law and will not be accepted.
For those who choose to keep their records by means of a computer Schedule 2 of
Section 8(b) of the Firearms (Amendment) Act 1997 requires that the information
January 2012
can be readily produced in a format which is visible and legible and can be taken
away. Daily backups of the data should be taken and stored in such a way as to
preserve its integrity. Alternatively, the system should produce a daily hard copy
of the entries which is dated and page numbered so that there is an effective audit
trail.
The same record keeping is required for dealers who are registered to sell or
transfer air weapons only. The Firearms (Amendment) Rules 2007 prescribe the
format for recording air gun sales and must include
The class of air weapon (air rifle, air gun or air pistol)
The make, type or distinctive name of the air weapon
The calibre
Identification number or other distinguishing mark, if present
The maker‟s name, if known
The name and address of the person who purchased the airgun, or to whom
it was transferred.
Legislation requires that the dealer retain the register for a period of five years
from the date of the last entry.
Component parts:
The Firearms Consultative Committee recommended the
following definition in their Sub-Group‟s 1998 Report:
„The term „component part‟ shall apply to (I) any barrel, chamber or cylinder;
(ii) any frame, action, body or receiver; (iii) any breech, block, bolt, or other
mechanism for containing the charge at the rear of the chamber; (iv) any other part
of the firearm upon which the pressure caused by firing the weapon impinges
directly‟
This matched the long-standing view that component parts should be pressurebearing parts and the similar principle had been adopted by the EU Directive on this
issue.
For the purposes only of Sections 3(1) and 45(2) of the 1968 Act and in the
definition of firearms dealer in Section 57(4), the term shotgun also includes any
component part of a shotgun and any accessory to a shotgun designed or adapted to
diminish the noise or flash of firing the gun. For the purposes of all other
sections/Acts a component part of a shotgun is not a shotgun. Therefore the
dealer must ensure that any component parts of a shotgun are entered in the
register.
January 2012
Component parts of air weapons is taken to mean any pressure-bearing part such as
the barrel, cylinder or air reservoir/piston and valves from a pre-charged pneumatic
or CO2 air gun.
TRANSFERS
Notification of transfers: In transferring firearms and shotguns to certificate
holders firearms dealers are bound by Section 32(2)(b) of the 1997 Act, that is
they must comply with any instruction contained in the certificate or permit
produced by the transferee. For example, if the transferee only has authority for
a 222 centre fire rifle then that is the only firearm the person has authority to
purchase. Details of the transaction must be entered into Table 1 to the firearms
certificate or table 2 to the shotgun certificate as appropriate. The dealer must
enter details of the transfer in the register within 24 hours of the transaction
taking place.
Details of the transfer must be sent to the relevant Chief Officer of Police
within seven days of the transfer by both the dealer and the certificate
holder. It may be helpful to remind the certificate holder that it is their
responsibility to make the notification, but a dealer MUST NOT undertake to
effect notifications on behalf of the certificate holder.
Where the transaction involves a firearm or shotgun being transferred to the
dealer then the details of the transaction must be entered into the register within
24 hours. There is no further requirement for the dealer to notify the Chief
Officer of Police. However, the certificate holder must notify the Chief
Officer of Police within seven days.
The transfer of air weapons by way of trade or business must be face to face with
the buyer or his representative as required by Section 32. RFDs may sell air guns
to buyers at a distance but only through another RFD who will then ensure that the
air gun is transferred face to face.
Dealer to dealer transfers: If the transaction involves a dealer to dealer transfer
then all that is required of the dealer is to ensure that their register reflects the
transaction within 24 hours. No further notification is needed.
No notification of the transfer of air weapons is currently required.
INSPECTIONS
On becoming a firearms dealer you must be prepared for visits by enforcement
officers at least once a year. These visits may take the form of a formal inspection
January 2012
or an ad hoc liaison visit. Any officer who carries out these visits will be in
possession of authority from the Chief Officer of Police to inspect registers. You
are entitled to request the inspecting officer to produce their instrument of
authority. An example of Firearms Form 122 can be seen below.
This Force operates a non-fixed programme or timetable of inspections. Some
inspections will be pre-arranged whilst others will not. To facilitate these
inspections, the dealer will be expected to maintain a level of storage that does not
impede or cause a hazard to the officer carrying out the inspection.
During these visits the inspector(s) will be selecting random sample entries from
the register for verification process. This will include register against stock and
stock against register.
On completion of the inspector‟s review, the register should be ruled off and signed
by the inspecting officer. All open entries should be then brought forward and the
original entry suitably cross-referenced to allow the dealer to refer to the original
entry. This will allow for fewer registers being kept open with only one or two open
entries in them.
Register inspections are also undertaken for dealers who are registered for dealing
only in air weapons.
January 2012
SERVANTS
Section 8 of the Firearms Act 1968 mentions servants. However there is no
definition of what constitutes a servant within the Firearms Acts. The Concise
Oxford Dictionary‟s meaning of the word servant is “person who has undertaken usu.
[sic] in return for stipulated pay to carry out the orders of an individual or
corporate employer”. In using this definition it is accepted that in some instances a
servant will not receive actual payment for their employment.
As there is no definition of a servant within the Firearms Acts the dealer will be
held responsible for any actions taken by the servant on behalf of the dealer.
It is also the responsibility of the dealer to ensure that individuals who are
employed in the capacity of servant are fit under the Act. Therefore the dealer
January 2012
must give the Firearms & Explosives Licensing Unit details of any person they wish
to employ as a servant and notify the Unit should that person no longer act as a
servant. A form will be provided by the Unit which will request the required details.
A copy of this form is attached.
Officers or partners of the company must also provide full details so that the
appropriate background checks can be made.
The dealer should supply a certified copy of their Certificate of Registration to
their servant when that servant is engaged in the transportation of firearms or
ammunition. This certified copy of the Certificate does not hold any form of legal
status but will show that the servant is acting for the dealer at the time. It is also
advisable that the certified copy of the dealership Certificate of Registration be
accompanied by a letter on headed business paper confirming that the bearer is
acting as a servant for the dealership.
SECTION 5 AUTHORITY
Where a dealer wishes to purchase or acquire, manufacture, sell or transfer
prohibited weapons and prohibited ammunition as defined by Section 5 of the
Firearms Act 1968 with the subsequent Amendments of 1988, 1992 and 1997 and
the Anti-Social Behaviour Act 2003, authority must be obtained from the
Secretary of State. All applications to deal in Section 5 firearms or ammunition
must be made to the Home Office at the following address:
Home Office
Public Order and Police Co-operation Unit
Firearms Section
5th Floor, Fry Building
2 Marsham Street
London SW1P 4DP
Tel: 0870 000 1585
Fax: 020 7 035 6436
When applying for Section 5 authority the Home Office will require you to provide
evidence of potential business in connection with prohibited firearms or ammunition.
It is normal practise for the Home Office to task Devon and Cornwall Constabulary
to carry out all local enquiries and establish whether the applicant has adequate
security arrangements.
LOST OR STOLEN WEAPONS AND CERTIFICATES
A list of lost or stolen firearms and certificates is published on the Devon and
Cornwall Constabulary‟s web site and is updated weekly. Should it become known to
- 10 D Mathias, MIExpE, Explosives Liaison Officer
January 2012
a dealer that a firearm or certificate has been lost or stolen or they have
suspicions that the firearm may have been lost or stolen then the dealer must in the
first instance notify the Firearms & Explosives Licensing Unit or contact their local
police. The address of the web site is:
www.devon-cornwall.police.uk/v3/about/departm/firearms/index.htm
The Gun Trade Association (GTA) has access to the Police National Computer
Centre which has a register of stolen weapons and certificates. This list is then
published in their monthly newsletter. The web site address for the GTA is:
www.guntradeassociation.co.uk
CERTIFICATE OF REGISTRATION
The Certificate of Registration will allow the firearms dealer to conduct business
for a period of three years from the date of commencement. Where a dealer
wishes to continue to be registered a correctly completed form of application for
continuation of the registration must be submitted to the Firearms & Explosives
Licensing Unit. The form must be received in good time so that the renewal process
can be completed prior to the date on which the current Certificate of Registration
expires.
Variation: Where a dealer wishes to change address or the circumstances from
those originally agreed, or add a place of business then a completed Form 116 must
be submitted to the Firearms & Explosives Licensing Unit.
Conditions: The Chief Officer of Police can impose, vary or revoke conditions to a
dealer‟s registration. The Chief Officer‟s authorisation for such actions is Section
36(1) of the 1968 Act. Conditions are intended to ensure that the registered
firearms dealer takes reasonable precautions for the safe keeping of the firearms
and ammunition and will be considered carefully on a case by case basis. Section
36(2) of the 1968 Act requires that such conditions be specified on the Certificate
of Registration. Conditions can be imposed, varied or revoked during the period of a
registration; however, the dealer must be given 21 days notice in writing of the
intention to do so. This period of notice will allow time for representations to be
made to the Chief Officer of Police.
Fees: The current fee for registration as a firearms dealer, including for air
weapons only, is £150. At present there is no fee for a variation.
Game Fairs
January 2012
Where a firearms dealer wishes to exhibit or carry on business at a Game Fair
within the Force area of his/her registration then a variation to his/her dealership
needs to be submitted for an alternative place of business. Where the location of a
Game Fair falls outside the Force area of his/her registration then application must
be made to the relevant Chief Officer of Police for that location. In this case the
dealer would be required to pay the appropriate registration fee.
Removal from Register of Dealers
The Chief Officer of Police considers the business of firearms dealership can only
be carried out by people or companies who exhibit a high level of responsibility and
diligence in the safe keeping of firearms and ammunition. The Chief Officer has
the power to remove or partially remove a dealer from the Register of Dealership.
Gun Barrel Proof Act 1868
Registered firearms dealers must familiarise themselves with the provisions of the
Gun Barrel Proof Act 1868 and the subsequent Acts and Rules. Guns must be
proofed as required by the Proof Acts before being offered for sale, sold or
transferred. For further information contact the Proof Master:
The Worshipful Company of Gun-Makers
of the City of London
The Proof House
48 Commerical Road
London E1 1LP
Tel: 020 7 481 2695
Fax: 020 7 480 5102
Birmingham Proof House
Banbury Street
Birmingham B5 5RH
Tel. 0121 643 3869
Fax: 0212 643 7872
Web site: www.gunproof.com
Further Information
Should you have any unanswered questions regarding becoming a firearms dealer
please do not hesitate to contact this Unit at the following address:
Firearms & Explosives Licensing Unit
Police Headquarters
Middlemoor
Exeter EX2 7HQ
Tel: 01392 452205
Email: firearmslicensing@devonandcornwall.pnn.police.uk
January 2012
January 2012

2012 Contents

Transcription

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