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Preemptive Shotgun certificate with criminal record


nines
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First post here and it's probably a bit if an unusual one to start off my jolly adventures on this forum (hopefully)

 

The title implies it all. As of recent my father has had some health scares and he isn't getting any younger. As a result we have recently started talking about wills. Not just him but pretty much the entire family due to a spate of health problems and deaths and he told me everything will be divided 50/50 with my sister but his shotgun will likely be given to me as my sister, being a classic lady, probably won't care much for it.

 

This brings me on to the obvious problem I will inevitably face sooner or later of contacting the relevant licencing authorities and sticking my head above the parapets, if I like to or not, (I'm pretty sure I will have no other choice) to say I'm now the owner of a firearm I would ideally like to keep..

 

I was instead thinking it might be a lot more streamlined to apply for a shotgun certificate beforehand as I imagine dealing with one after my dad kicks the bucket would be awkward and frantic to say the least. I have two main problems however, One is my criminal record from late 2012. It's a fairly oldish conviction and my only brush, or shall I say drag over the coals naked with the law. It was a conviction that resulted in a 12 month prison sentence however it was not violent, not drug related, not a spontaneous loss of temper or against a vulnerable person. This was my only contact with the courts or police in any way, not even a single speeding ticket before or since. My second problem is my previous history depression which is just as old, starting in 2009 and ending in 2012 but I'm feeling much better now and have had no need to visit the doctors about it since.

I can understand if they take a dim view as I would imagine it would raise some eyebrows however, lets move on to the positives. I have taken great efforts to change my ways so to speak. Since my conviction I have gotten a full time job, paid off two houses that I'm now the landlord of and I can't really ever envision repeating what I done as a result. The shotgun in question has also been in the house all my life until my parents divorce in 2015 along with two air rifles that did belong to me but are now back in my house from their long holiday at my grandparents residence. I hope it might give whoever is deciding on a potential certificate some confidence in knowing if I really wanted to get up to no good with guns in general, I probably would have by now in the 25+ years Iv'e been within 20 feet of them, even throughout my prohibited period.

I'm not really interested in selling the gun as it means more to me sentimentally than financially and I imagine many people up and down the country every year are unwillingly put in the same situation that I will one day be in but I never really hear about the outcomes.

 

I imagine that all you people on this site are fairly knowledgeable about firearms and the legal minefield surrounding them in the UK and are also a very broad and varied group of people, some might have criminal records, many not. 

 

What I'm asking is what do you think my prospects are of successfully being granted a shotgun cert? Do you think it might be a waste of time or something I should wait out a little longer to put a few more years behind the depression and crime? It's probably a case of just asking the authorities and finding out the old fashion black and white, yes no way but someone who might provide a hint or a very rough baseline for what might mount to a "no" would be great.

 

Thanks all

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I'll just say this :

You (notably, to my point of view) don't say what the criminal offence was, that got you a prison sentence, only that it was NOT for various offences.

So ... it might be for fraud. Burglary. Supporting terrorism. Child porn. Or one of ... well, hundreds of other offences. 

As you can imagine from that short list, depending on what it is might make a huge difference to your getting a SGC or not.

But without that information, nobody is in any place to even be able to start to reckon what your chances are.

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2 minutes ago, JDog said:

You should apply for a shotgun certificate  now.  If you are successful there will be no problems with keeping your father's gun.

Members of this forum, no matter how knowledgeable, cannot determine whether you get a certificate or not.

JDog nailed it in one 👍.

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I would apply and see what plod say! I would imagine 12 months custodial sentence would preclude you holding a SGC for some time? But seven years have elapsed, so it is worth applying and see how the land lies.....it may be worth ringing BASC as a prospective member (or even joining) and asking their advice/opinion? 
Without knowing precisely what you did to get a 12 month prison sentence for a first offence...it would be hard for anyone to advise you! As long as the depression is under control It should not alone preclude you from being granted a certificate.....but together with the custodial sentence it may have some negative impact!

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3 minutes ago, JDog said:

You should apply for a shotgun certificate  now.  If you are successful there will be no problems with keeping your father's gun.

Members of this forum, no matter how knowledgeable, cannot determine whether you get a certificate or not.

This ^^^^^^^

and be totally honest with firearms license officer 

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2 minutes ago, robbiep said:

I'll just say this :

You (notably, to my point of view) don't say what the criminal offence was, that got you a prison sentence, only that it was NOT for various offences.

So ... it might be for fraud. Burglary. Supporting terrorism. Child porn. Or one of ... well, hundreds of other offences. 

As you can imagine from that short list, depending on what it is might make a huge difference to your getting a SGC or not.

But without that information, nobody is in any place to even be able to start to reckon what your chances are.

My offence is a rare offence that doesn't really pop up on the news often. The timeline of the offence combined with the the actual crime might be more than enough info to find out who I am which is why I'm reluctant to really say what it is. I'm not really trying to be secretive but I tried to give as much info as I could while remaining confident that I'm anonymous. You're indeed probably right about it making it harder to gauge my chances however by omitting it.

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As said, no one here can tell you. They can offer advice based on experience or opinion but its down to your licensing branch. I would apply and see how you get on.

Another option is to have the gun deactivated and therefore exempt from licensing. However, that obviously depends on the value of the gun and how much that value will depreciate by deactivating it, and also if you ever actually intend to use it.

Best of luck anyway

Edited to say that obviously the gun can be stored with a friend who has a certificate or with an RFD indefinitely until you get a certificate granted. Just gives you more options,  however I would still apply. There's no fee if you get refused. 

Edited by stuartyboy
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First thing to do is join BaSC. You may have no interest in their activities but membership does include legal assistance when it come to license problems. My advice join before you apply.. Then apply and see what happens. If you get your SGC then no worries. If you don't then you will have expert advice available to you for the princely sum of about £80.

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Being honest, I can’t see them granting it, especially if  the offence was relating to some sort of deception type of crime. As mentioned give it a go, but they kicked my *** over a caution I received owner 25 years ago, admittedly awarding me the license with provisos. All depends on the police force in your area. Tough to answer without any facts to be fair

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16 minutes ago, TK421 said:

Being honest, I can’t see them granting it, especially if  the offence was relating to some sort of deception type of crime. As mentioned give it a go, but they kicked my *** over a caution I received owner 25 years ago, admittedly awarding me the license with provisos. All depends on the police force in your area. Tough to answer without any facts to be fair

Damn...that seems harsh.

I noticed from what research I have done that it seems to be a bit of a postcode lottery. Surprisingly when I did come back out of prison the officer who visited my house didn't care in the slightest about the air rifles I had despite being freshly prohibited from owning anything that went pop at the time. They were even neatly laid out on the living room floor for me before I returned home. 

Edited by nines
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Everyone here can only speculate. Only thing I’d add is that our justice system is (rightly imo) often criticised for being too lenient. If you got a 12 month sentence for a first offence then the offending must have been of some significance on the scale?

Again, I am however only speculating. Pretty sure most forces will let you apply and if it becomes apparent that you would get refused, will ask you to withdraw your application as opposed to refuse it, and therefore avoid having a refusal on record. This would pave the way to applying more successfully at some point in the future. 

 

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Contact your local Firearms Team and seek advice. Whatever anyone says on here will count for little, compared to getting first hand advice. The FEO will also be aware of the exact nature of your crime, so it will be easier to pass a legitimate opinion. Depression might be a problem, depending on what your doctor said when you last saw him or her. You say the problem no longer exists, but the doctor might say you failed to follow advice - hence not seeing you for some years. 

Speak to the FEO and good luck. However, be prepared for a knock-back and a host of questions.

 

 

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27 minutes ago, Gordon R said:

Contact your local Firearms Team and seek advice. Whatever anyone says on here will count for little, compared to getting first hand advice. The FEO will also be aware of the exact nature of your crime, so it will be easier to pass a legitimate opinion. Depression might be a problem, depending on what your doctor said when you last saw him or her. You say the problem no longer exists, but the doctor might say you failed to follow advice - hence not seeing you for some years. 

Speak to the FEO and good luck. However, be prepared for a knock-back and a host of questions.

 

 

^this 

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Guest cookoff013
10 hours ago, TK421 said:

Being honest, I can’t see them granting it, especially if  the offence was relating to some sort of deception type of crime. As mentioned give it a go, but they kicked my *** over a caution I received owner 25 years ago, admittedly awarding me the license with provisos. All depends on the police force in your area. Tough to answer without any facts to be fair

+1

i`d be doubtful too.

 

Edited by cookoff013
i removed a random letter that just turned up. i have fat finger you see, and my keyboard is on a cardboard box at an angle.
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12 minutes ago, Diver One said:

If it was me I would join BASC now as I Believe they will only assist with new 'legal issues' and not become involved with 'ongoing issues' from before membership was taken.....but I may have misread their rules

I think you have to be a member for 3 or 6 months before you are entitled to legal assistance too. However not 100% sure on that.

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No one on here can answer the questions you have put forward, no one knows the reason for the sentence and I fully understand you're not wanting to put it out on a forum. 

As has been said, your best course of action is to contact your local firearms office and have rhe conversation. If granted then you get to keep the shotgun, if denied then unfortunately you'll have to sell when the time comes. 

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10 hours ago, JDog said:

You should apply for a shotgun certificate  now.  If you are successful there will be no problems with keeping your father's gun.

Members of this forum, no matter how knowledgeable, cannot determine whether you get a certificate or not.

This...... No second guessing will help you.

There are various law firms advice on line which refer to The anti social and policing act 2014 and if a person has a suspended sentence or served a sentence of between 3mths and 3yrs they are prohibited from Posessing a firearm or ammunition for 5yrs. Sentences over 3yrs is a permanent ban.

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11 hours ago, nines said:

I actually have no idea other than it being an over/under shotgun of unknown make but probably from Japan according to what a previous dealer has told my dad.

do you want to take up shooting with you fathers gun......or just have it as a keepsake.........it just seems you will be going thro a lot of trouble just to hang on to a "japanese gun ".....wheras you could have it deactavated.........

i could understand if it was a cased Holland&Holland ....

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I wonder if they will grant a Shotgun certificate if you don't actually plan procure a gun in the near future, I'm fairly sure you wouldn't be granted a Firearm certificate under the same circumstances.

You might have to ask your Father to agree to give you the gun or loan it to you if the certificate were to be granted.

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