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Criminal Record & F.A.C


Hoskinz
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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?

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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

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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.

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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.

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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 !

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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

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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.

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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

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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.

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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.

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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.

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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

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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.

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