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Drink driving and SGC


markm
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surely if you are daft enough to D&D then you would be considered to be daft enough to get a gun out when you're ******?

 

 

What if you get caught in the morning...

 

 

you were still ignorant of the effects of alcohol on the system, and this ignorance could be transferred to other situations. the punishment is the same if you get caught on the night or the morning after.

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Home Office Guidance To The Police-

 

II. Intemperate habits

12.8 Factors for consideration include:

a) Evidence of alcohol or drug abuse that

may indicate that a person is unfit to

possess a firearm due to the possible

impairment of judgement and loss of

self-control. The relevant case law here is

“Luke v Little†(1980) supported by “Chief

Constable of Essex v Germain†(1991).

An assessment will need to be made into

the circumstances of each case. Usually,

it will be a pattern of behaviour that

causes concern but there may also be cases

where one-off incidents will bring into

question the fitness of somebody to

possess firearms. In the case of “Lubbock v

Chief Constable of Lothian and Borders†(2001)

the Sheriff ruled that the revocation of a

firearms and shot gun certificate following

one isolated drink driving incident was

justified given the individual’s general

attitude towards the offence;

G.M.

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I have 2 DD's to my name :P and yes I am ashamed that I have them but I was young and even more reckless than I am now.

 

When I had my first visit/interview a few years back I was told in no uncertain terms that should it happen again I could wave good bye to any possible renewal.

 

I believe, with hindsight of course, that if you are stupid enough to cop a DD you are a liabilty to the community and yourself and in now way should you be allowed a ticket.

 

 

 

 

 

 

LB

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I have a drugs conviction , it was a long time ago , blah blah blah , but i obtained my sgc and renewed it 3 weeks ago . So a DD i see no problem with . Lets face it , there's the unlucky DD . i.e 2 pints in the pub you get pulled and blow . Then there is the DD thick end of a gall an a half .

 

all the best yis yp :P

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I was told by my FEO that it's a possibility you'd lose your ticket, and rightly so! Lets face it, you have as much chance of killing someone (if not more chance) on a 5 mile drive home at closing time as you would firing your c/f rifle in the air randomly! I think drink driving is very reckless, and have no sympathy for anyone who's done it recently. Obviously we've all been young and stupid, but then you have to wait 5 years to prove you've changed. I think any conviction like this just shows you're capable of doing something stupid when drunk.

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I know one or two people with DD conviction's and still hold their SGC & FAC. The crunch comes if you have a second DD offence, you are then going to lose it. As it goes they have give you one chance and you won't get another.

 

Most of all this is on individual case basis though I feel (And issuing force) as you hear of different cases where people have retained their licences for mistemeanors where others have committed trivial offences which result in loss of SGC or FAC or both.

 

Anyone heard of similar things?

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I beleive that if you can not be trusted / abide by the law or act responsable with a motor wehicle why should you be trusted with a leathal weapon.?

 

At the end of the day a motor wehicle is a leathal weapon on the wrong hands just the same as gun is.

 

however if you was picked up for DD long before you applied for your SGC or FAC then this would be a different matter as long as you had no convictions within a couple of years of you applying for your certificate. But if you were a certificate holder at the time that you got pulled for a DDO then you would probablt lose your licence and your gun's. And quite rightly so. IMO.

 

Its not worth the risk certificate holder or not.!!!

 

just my 2p worth.

 

Kipper :P

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It's all gong to depend on individual circumstances.

 

If you've been squeaky clean all your life and then get caught with a marginal D&D they will probably look into it and see if you've become a drinker. If this was literally just unlucky then I think you stand a chance of retaining it, so long as you can demonstrate you learned something and it won't happen again.

 

If you had anything else on your record, or it was a bad one (you crashed, injured someone or were way over the limit at 3 in the afternoon) then I think you'd probably loose it.

 

The prima facie case stated in the Firearms guidance to Police document quoted above refers to Scottish law and also clearly states that the attitude of the defendant had a lot to do with him loosing his tickets.

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Its deemed a pretty serious criminal conviction in the eyes of the law, even though motoring related you would be very lucky to keep your shotgun ticket under the circumstances and even more unlikely to keep your firearms. Its hard enough getting a ticket with past convictions with current ones they normally revoke your license

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Sound advice but what else could he say on the matter?

 

He's not going to go "ok, so you can have 1g of charlie and 3 pints and still keep it but anything more and you're in trouble sonny!" is he ? B)

 

So can I have .9 g of charlie and 2.5 pints and play it safe?

 

I will ask him the next time he pops round :P

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