Legal insurance for firearms licence holders and shooting sports explained

Amid an increase in firearms certificate refusals and revocations, having comprehensive insurance as a licence holder is crucial to protect your rights. 

Here, leading firearms lawyer Lachlan Nisbet highlights the importance of public liability, personal accident and legal expenses insurance to protect against injuries, property damage and legal issues for shooting sports.

This article was first published by Gun Trade Insider.

Accidents do happen

By all metrics and statistics, shooting remains a very safe sport. Licence holders are (by and large) a disciplined bunch into whom the safe handling of weapons has been drummed — often from a very young age. 

The adage is, however, that ‘accidents do happen’ — and of course the consequences can be serious. Employers and those organising shooting activities are subject to a host of regulatory requirements relating to health and safety. In the main, they’re alive to the commercial realities and risks and will ordinarily carry suitable insurances for their activities. 

Often referred to as D'n'O (directors and officers) cover, such senior people will protect themselves as individuals against personal and additional liabilities — but what about individuals engaging in shooting sports?

False sense of security?

Most shooters ‘get’ the idea that they’ll need their insurance as a ‘specification load’. Yet the use of public liability cover reflects the reality around risks of injury or causing damage to property when using a firearm.

Risk in our field isn’t limited to people and property. We have a formal process of certification for a reason and these certificates can be put at risk when something goes wrong. We can insure the activities we undertake but how can we protect our certificates?

Accidents, incidents and allegations all have the potential to invoke a knock at the door from the Police and see us subject to formal interviews and suitability reviews. This process often takes many months or even years.

The distinction between different types of insurance cover is often misunderstood and can lead to shooters having a false sense of security and being uninsured when it matters most.

Types of firearms insurance explained

Having spent many years advising individuals and a range of businesses and organisations in this area, I recommend that anyone who picks up a gun should consider three principal insurance products — public liability, personal accident and legal expenses insurance.

Public liability cover will typically respond to provide an indemnity when the acts of the shooter (provided that they’re lawful) have caused injury to someone and/or damage to something. Even the most cautious shooters can have accidents that result in significant damage, whether to people or property.

Personal accident cover responds when the shooter is injured as a result of an accident while shooting and can include cover for their limbs, sight or hearing. Coverage under each scheme varies by factors such as the extent of the injury caused, the length of hospital stay and loss of earnings for the time spent recuperating. In most cases, these policies contain an annual cap, though this is broad in scope.

Legal expenses cover varies by policy to policy but will usually cover shooters in the event that their certificates are revoked or application is refused outright by the relevant police force. Home Office statistics tell us that there are hundreds of refusals for FAC applications, SGGC applications and contentious certificate applications each year. Added to the thousands of firearm and shotgun certificates that get revoked (a number that’s growing annually) and you can see the value in having the right insurance. While many of these decisions are sound and perhaps completely unchallengeable, we see thousands of adverse decisions in any 12-month period.

In the same way that we all consider ourselves to be careful drivers — unlikely to come to the attention of the law — very few of my clients expected to find themselves in the position of being deprived of a firearms certificate. So think carefully — the boundaries of what will be relevant to your own suitability are continually being pushed. When balancing the likely costs of appeal proceedings against the very modest annual costs of legal expense cover, you might consider taking it up to be a ‘no brainer’.

Talk to us

While insurance can’t prevent a refusal or revocation decision, it can provide essential support to fund your challenge. 

Legal expenses insurance cover and FFI charges may be subject to a ‘merit assessment’ that informs whether your insurer will fund your case. Generally, cases will only be funded where there’s a greater than 50% prospect of success on appeal.

If you need advice on making a challenge against a firearms licence refusal or revocation, talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.

Our nationally recognised solicitors help you to navigate the complexities of firearms law and our free-to-use firearms law helpline (0151 600 3420) provides fast access to advice when you need it most.