k9delboy 138 Posted November 2, 2011 Report Share Posted November 2, 2011 i know a guy who has applied for his shotgun and 22 rim fire but has been turned down due to (1) Serving 6 months for fighting with 2 policeman over 20 years ago. (2) threatning to kill his old man over 20 years ago. (3) various motoring offences from a long time ago. He applied to the police and paid £10 for some type of background check on himself which came back clear so he stupidly decided not to inform them of any of these past histories. Whilst waiting on the feo coming out to see him He was called in to see them a few weeks later at the local nick. They had somehow found out about his past and have subsequently charged him under the firearms act for failing to disclose previous convictions etc. He now reckons he can take the police to court for fraud as they took his £10 and told him in writing he had no criminal record. He also reckons that they will have to give him his license. What do you think ?. I would assume that, had the police made a mistake and found this information out later then they would give him his £10 back and not be forced into giving him a license to shoot. He also has no ground to shoot on but wants an open ticket. Not a good way to start with the police for a firearm is it. Quote Link to post
lapin2008 1,587 Posted November 2, 2011 Report Share Posted November 2, 2011 I think with the offences having occured so long ago if he had mentioned them when he applied he may have stood a fighting chance but probably depends on precise nature of incidents and individual police force and also reasons for needing/owning. As for the rest of it, about taking them to court etc, i think he is in cloud cukoo land! Quote Link to post
The Seeker 3,048 Posted November 2, 2011 Report Share Posted November 2, 2011 What's the chance of him getting a fire arm? ZERO Quote Link to post
paulus 26 Posted November 2, 2011 Report Share Posted November 2, 2011 that would be a zero chance of a sgc or fac being issued and as for taking them to court who will take the case on apart from someone intent on relieving him of his cash the notes that come with the application forms clearly state that all convictions are to be put down on the form. so he doesnt have a legg to stand on Quote Link to post
leeroy 29 Posted November 2, 2011 Report Share Posted November 2, 2011 Hes shot him self in the foot no pun intended , if he had told them if ,he was lucky might have got it . I think he has shown the police he can not be trusted , I would just forget the tenner . Quote Link to post
matt_hooks 188 Posted November 2, 2011 Report Share Posted November 2, 2011 The convictions might be spent, under the rehabilitation of offenders act, but it is quite clear on the forms that for the purposes of a firearms application there is no such thing as a spent conviction. As for fraud, he should count himself lucky he's not up been banged up. The forms are perfectly clear, if he's been stupid enough not to declare something then it's his lookout. For the £10, I imagine it's a data protection request. Should the police have told him that records of his previous convictions are still kept on file, well, maybe. Under the DPA it depends on HOW the records are stored. Three convictions of that sort, from 20 odd years ago, would almost certainly not have affected his application as long as they didn't automatically disbar him (due to a prison sentence of more than three months for example) There is no way he'll ever get an FAC or SGC now. The best he can hope is the CPS decide it's not worth prosecuting, but lying on a firearms application is pretty serious (and that's what he's done, make no mistake. The forms are VERY clear on that point), so the chances of that are slim. Quote Link to post
The one 8,479 Posted November 2, 2011 Report Share Posted November 2, 2011 The convictions might be spent ,But would you give a firearms to someone who threatened to kill somebody ?. Not a hope in hell Quote Link to post
matt_hooks 188 Posted November 2, 2011 Report Share Posted November 2, 2011 The convictions might be spent ,But would you give a firearms to someone who threatened to kill somebody ?. Not a hope in hell No such thing as a spent conviction for the purpose of a firearms application. Quote Link to post
RogerTheCat 3 Posted November 2, 2011 Report Share Posted November 2, 2011 For £10 I think he may have got a criminal record bureau ( crb) check . The basic check would not show spent convictions only the enhanced check shows those. Spent or not the the police will have a list of all his convictions. Quote Link to post
moonlighter 1,164 Posted November 2, 2011 Report Share Posted November 2, 2011 Somehow found out about his past....... Er hello.....they are the police! Quote Link to post
paulus 26 Posted November 2, 2011 Report Share Posted November 2, 2011 Somehow found out about his past....... Er hello.....they are the police! dont wont to sound funny but they aint all inspector morse Quote Link to post
pipcock 21 Posted November 2, 2011 Report Share Posted November 2, 2011 Well from what you have said there,if he does get one i think the issuing officer / chief of police should be sacked for such a decision, but thats just my opinion Quote Link to post
k9delboy 138 Posted November 2, 2011 Author Report Share Posted November 2, 2011 Somehow found out about his past....... Er hello.....they are the police! Exactly what i thought. He reckons they will have to give it to him as they took his money in good faith and told him his record was clean. Also meant to say that the first two were not mentioned by police, it was the motoring offences they charged him with. I said to him he should feel lucky only to get charged with this and not to rock the boat because i would imagine if you shake them the wrong way then what chance would he have in the future. Says he applied 3 years ago and was told to withdraw and wait 3 years which he did to no avail. Quote Link to post
mattydski 560 Posted November 2, 2011 Report Share Posted November 2, 2011 Del, tell him to join BASC, ring the Firearms department, ask for their opinion. If they say he is entitled to apply,. then they will ring on his behalf. If they tell him to forget it...............forget it. But make sure he tells them the whole story. Quote Link to post
SportingShooter 0 Posted November 3, 2011 Report Share Posted November 3, 2011 I'm a little confused over a few points here. First of all, what check has he asked for? A CRB check is not done by individual police forces rather by ACRO in London somewhere. If he has applied to his force for a subject access request then that will tell him what information is held on that forces internal systems for him along with some offences on the Police Computer. Second, three years ago with no convictions for 17 years, he was still asked to wait another three years? Thirdly, where he has got the idea that he can blackmail the police into giving him his certificates I don't know. It quite clearly states on the forms that every offence has to be disclosed on application regardless of how old. He needs to realise that he has committed the offence of not disclosing offences on an application. A subject access request is not a guarantee that you have a clean record it is the information that is held and able to be disclosed at that time. For instance if they knew you were a big time drug dealer they're hardly going to give you all the information they know on you now are they? and they don't have to. There is a lot of missing information here Quote Link to post
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