Hoskinz Posted January 6, 2009 Report Share Posted January 6, 2009 some one i know wants to apply for a F.A.C but he has been arrested once for possession for a class A drug what are his chances of getting a fac granted obviously there are loads ore things that need to be cleared but lets say everything else went sweet how much would this damage his chances? Quote Link to comment Share on other sites More sharing options...
garyb Posted January 6, 2009 Report Share Posted January 6, 2009 Lots of factors here.. how long ago was the offence for example?? Probably unlikely though I would imagine... Quote Link to comment Share on other sites More sharing options...
libs Posted January 6, 2009 Report Share Posted January 6, 2009 If he has done more than 3 years inside he can absolutly forget it. If the conviction was in the last 5 years he can forget it If the conviction was >5 years ago and he has been squeeky clean since, he has possible got a chance All down to the FEO. If he looks at his record and sees repeat/servere offenses the hes ******'d Quote Link to comment Share on other sites More sharing options...
webber Posted January 6, 2009 Report Share Posted January 6, 2009 You state that he was arrested. Was your friend convicted? or did he accept a police caution? webber Quote Link to comment Share on other sites More sharing options...
Hoskinz Posted January 6, 2009 Author Report Share Posted January 6, 2009 well it was only a gram of coke he got taken to the station mug shots finger prints and dna it was last x-mas no excuses for him having it it was his first and last time Quote Link to comment Share on other sites More sharing options...
roadkill Posted January 6, 2009 Report Share Posted January 6, 2009 so what was the charge ? was it a caution ? I would say that as it only just gone a year he will find it hard to get one Quote Link to comment Share on other sites More sharing options...
libs Posted January 6, 2009 Report Share Posted January 6, 2009 If it was last xmas, or even the one before he will have no chance. FAC holders have to be balenced, well rounded people, and no matter how well you know him, trust him or see him suitable, remeber the officer doesn't know him...... He will see POSSENTION OF and CLASS A and RECENT and just drop the whole thing. Still should ring them just to show interest, if he doesn't get it now at least putting himself out there will show good will. Quote Link to comment Share on other sites More sharing options...
rarms Posted January 6, 2009 Report Share Posted January 6, 2009 I would suggest no if it is only 12 months. However BASC might be a good start for an opinion. Quote Link to comment Share on other sites More sharing options...
Hoskinz Posted January 6, 2009 Author Report Share Posted January 6, 2009 true, it was just a caution, so would it help if he spoke to feo just to show intrest then try and apply in 5 years time? only if he magaes to stay out of trouble in the mean time Quote Link to comment Share on other sites More sharing options...
libs Posted January 6, 2009 Report Share Posted January 6, 2009 true, it was just a caution, so would it help if he spoke to feo just to show intrest then try and apply in 5 years time? only if he magaes to stay out of trouble in the mean time Exactly, no harm in trying. Quote Link to comment Share on other sites More sharing options...
Mungler Posted January 6, 2009 Report Share Posted January 6, 2009 Problem he has is that it's not in his FAO's interests to help him. His FAO would be sticking his neck out if he rubber stamped the application and in this modern age should your mate go postal (as unlikely as that may or may not be) then questions would be be asked as to who allowed the convicted class A drug user to have a firearms certificate. I understand that if you are an existing holder and get done for something like this or a drink drive then with some grovelling (reciting previous years of good character and that it was a one off etc) then a case could be made for leniency. Dunno though, in this day and age no one would want to stick their neck out. Quote Link to comment Share on other sites More sharing options...
winchester Posted January 6, 2009 Report Share Posted January 6, 2009 (edited) It dont matter any of this if the firearns licenceing manager deems him un fit he has had it. SIMPLE AS i AINT GOT A RECORD not even a parking ticket and after 5 years they revoked me on bull And hear say Edited January 6, 2009 by winchester Quote Link to comment Share on other sites More sharing options...
proTOM1 Posted January 6, 2009 Report Share Posted January 6, 2009 some one i know wants to apply for a F.A.C but he has been arrested once for possession for a class A drug what are his chances of getting a fac granted obviously there are loads ore things that need to be cleared but lets say everything else went sweet how much would this damage his chances? i got a record and and it did not stop me ! Quote Link to comment Share on other sites More sharing options...
Bleeh Posted January 7, 2009 Report Share Posted January 7, 2009 I know you're all trying to be friendly, but to be honest I don't want any **** that's stupid enough to play with drugs in the first place, Play with guns too. Quote Link to comment Share on other sites More sharing options...
al4x Posted January 7, 2009 Report Share Posted January 7, 2009 There is only one way to find out and that is to apply and see what happens, if he gets rejected his money will be refunded. Put full details on the application and just see what happens, assuming he was only cautioned he would need to convince his FEO it was a one off. Lets face it it is illegal but not much worse than alcohol and no FEO expects you to be t total. Just depends on the FEO's view on drugs Quote Link to comment Share on other sites More sharing options...
cubix Posted January 7, 2009 Report Share Posted January 7, 2009 FLO thinks :'What if he gets into debt with his dealer buddies ? or they get to find out he has guns? or he has a habit he needs to get money from somewhere to fund? he uses hard drugs, what does that say about his judgement? hmmmmm....'. What would you do?? I doubt they'll touch him with a barge pole, ever. Quote Link to comment Share on other sites More sharing options...
ironduke Posted January 7, 2009 Report Share Posted January 7, 2009 doesnt look good if i was the FEO and had the facts i have here, looking at the case objectively i would say no way. As a previous poster has said, i would question the judgement of somebody who gets involved with class a...would i give them a rifle....no Quote Link to comment Share on other sites More sharing options...
rarms Posted January 7, 2009 Report Share Posted January 7, 2009 It dont matter any of this if the firearns licenceing manager deems him un fit he has had it.SIMPLE AS i AINT GOT A RECORD not even a parking ticket and after 5 years they revoked me on bull And hear say Not necessarily, the licensing manager can only deem him un-fit in his opinion. If he takes them to court and the judge is of a different opinion to the licensing manager then the person can be found to be fit as it were. Quote Link to comment Share on other sites More sharing options...
cubix Posted January 7, 2009 Report Share Posted January 7, 2009 Problem is, there is no specified appeals mechanism in place, probably on purpose - everyone has to 'create' their own - be it getting BASC to take case up, writing direct to Chief Constable, pleading with FLO. Going to court is the only way to get an enforcable decision in your favour, the phrase 'threaten to go to court' gets said a lot but it is so costly and difficult as to be more or less impossible in practice. FLO's have to decide whether a person is fit 'in their opinion', and not whether a person is fit. If it did go to court you'd have to prove that a proper procedure was not followed, not that person's 'opinion' was wrong. If you hold an opinion (e.g. Newcastle need to win some silverware soon) then even if a court tells me it's wrong, I'll not stop holding it because that's what I believe. 'In my professional judgement m'lud'. Leaves them nowhere to go. Quote Link to comment Share on other sites More sharing options...
Hoskinz Posted January 7, 2009 Author Report Share Posted January 7, 2009 cubix you make him sound like a hardened user, he has only touched it the once and regrets it hasnt touched it since and would never touch it again, i will speak to him and see if he will apply and let you know how he gets on Quote Link to comment Share on other sites More sharing options...
rarms Posted January 7, 2009 Report Share Posted January 7, 2009 FLO's have to decide whether a person is fit 'in their opinion', and not whether a person is fit. If it did go to court you'd have to prove that a proper procedure was not followed, not that person's 'opinion' was wrong. If you hold an opinion (e.g. Newcastle need to win some silverware soon) then even if a court tells me it's wrong, I'll not stop holding it because that's what I believe. I disagree. The chief of the Firearms department bases his decisions on the feedback from his FEO's, therefore on their opinions. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted January 7, 2009 Report Share Posted January 7, 2009 I had a police record and I still got a shotgun licence, Mind you, it was 'Walking on the Moon' Sorry Quote Link to comment Share on other sites More sharing options...
evilstoat Posted January 7, 2009 Report Share Posted January 7, 2009 I think people can change...god knows i have (it took a good women) but i think 12 months ago is quite recent...i would tell him not to hold his breath. also i think that if he accepted a caution that it would not be spent yet, i think cautions are never spent but the law is changing and there will be a time for them to be spent soon as it's wrong for a caution never to be spent. if a conviction for posession i still think the conviction won't yet be spent for some time, there are different times for different offences to be spent, have a look on the home offices website, under spent convictions that should shed some light on the whole rehabilitation of offenders act. ATB Quote Link to comment Share on other sites More sharing options...
Cranfield Posted January 7, 2009 Report Share Posted January 7, 2009 Remember it is always easier for the person in authority to say "No", as it absolves them of all responsibility. The acid test for your friend is to phone his local RFO and ask him/her if its worth him making the application. Personally, I doubt it. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted January 7, 2009 Report Share Posted January 7, 2009 I have mixed feelings on this. On the one hand, I accept people do daft things, but can change. On the other - a year ago he thought he might dabble in drugs, got caught and punished. When he accepted the caution, he should have digested what it meant. The full impact of having the drugs and the effect on his future. Does he think it is now okay to apply for a FAC? It could be said that he hasn't faced up to what he has done. Quote Link to comment Share on other sites More sharing options...
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