Firearms safety, security and compliance explained

The Firearms Act 1968 (as amended) broadly provides for conditions to be imposed on which shotgun and firearms certificates can be held and creates a criminal offence when breaches occur.

The most frequent criminal allegations that we advise on relate to security. As the holder of a firearm or shotgun certificate, you’re required to comply with the security conditions’ on your certificate — namely conditions 4(a) & (b). 

Here, leading firearms lawyer Lachlan Nisbet explains what these conditions are and how to take steps towards safety, security and compliance.

This article was first published by Gun Trade Insider.

Conditions 4(a) and 4(b)

Condition 4(a) states: "The firearms and ammunition [for shotguns] to which the certificate relates must at all times (except in the circumstances set out in paragraph (b) below) be stored securely so as to prevent, so far as is reasonably practicable, access to the firearms or ammunition by an unauthorized person."

Condition 4(b) states:"Where a firearm or ammunition [or shotgun] to which the certificate relates is in use or the holder of the certificate has the firearm with him for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the firearm or ammunition is in transit to or from a place in connection with its use or any such purpose, reasonable precautions must be taken for the safe custody of the firearm or the ammunition."

Clearly, there can’t be a one-size-fits-all formula for guaranteeing compliance with these conditions, as each case will be fact-specific.

Gun cabinets, safes and secure ammunition storage

Firearms and ammunition should be stored in cabinets or safes that may be considered suitable to prevent unauthorised access by meeting the legal requirements for British Standard BS 7558/1992.

In non-commercial situations, the Police like to see cabinets situated in discrete areas to limit obvious identification by visitors to the address. They may also deploy varying fittings. Others will try to impose the use of raw bolts (or similar), which can be damaging to block and brickwork. Chemical fixing may provide wider utility than custodial fittings and are — at least in my view — more than adequate for facilitating security.

Safes can also provide physical protection that would exceed even that expected on a section 1 firearm subject to BS7558/1992. However, the weight of the safe, its forward loading implications and lock mechanisms are some of the important considerations that should be applied as appropriate.

Section 1 ammunition must be stored clearly and separately, ideally in a different secure location such as a separately locked compartment within the shotgun cabinet. This should not be secured in the same way as section 1 ammunition.

It’s important to note that the certificate holder’s obligations are “preventing, so far as is reasonably practicable (SFAIRP)” access to the firearms or ammunition by an unauthorised person when the weapon isn’t being used or transported or “making reasonable precautions for the safe custody of the firearm or ammunition”. In other circumstances, SFAIRP is terminology most commonly discussed in the law relating to health and safety — and to some extent we can borrow from the decisions made in those types of cases. The term recognises that myriad situations might present when considering firearms security. For example, an individual living in an area of central London with high burglary rates and gun crime and who holds multiple weapons — perhaps of high value or humane dispatch weapons — will be expected to employ a far higher standard of security than a person who lives in a very remote area and who keeps only cheap workhorses of a shotgun.

Travelling with firearms

Traveling with firearms can present difficulties. You may recall the unfortunate incident in 2014 where Police Scotland were called out by staff at the Malmaison Hotel in Dundee when well-known shooter Rachel Carrie had checked in as a guest with her shotguns. 

Generally, when traveling with firearms, you first need to plan. Call ahead and make sure that you’re expected. Wherever it is that you’re going will need to implement sufficient layers of security to meet the legal requirements. Some hotels in shooting areas may have specific facilities built in where vehicles and gun boxes might be used. Yet preferably, weapons should be broken down to reduce the likelihood of anyone being able to piece them together.

When thinking about the security of firearms, always ask yourself the question — is there more that I could have done to prevent the risk of access arising? If anything presents itself that’s cheap and easy, you should probably do it.

Consequences for breaching conditions

While breaching security conditions can result in criminal convictions, even if criminal proceedings aren’t taken your suitability to continue to hold certificates will be reviewed and — depending on the facts — may set you back. Certainly, the highest possible standards are expected of a registered firearms dealer (RFD).

Security issues can find keepers in tied accommodation without a job or home and there can be professional consequences too. Senior Scottish barrister Lord Keen KC was convicted of a security offence following a burglary of his property that resulted in an appearance before the Bar Tribunals and Adjudication Service. While there was — undoubtedly correctly — no finding of professional misconduct, I’m sure Lord Keen would have rather avoided the experience. The point, though, is that any personal or professional standing may find themselves receiving police attention as well as interest from their respective professional body.

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