Alcohol, Guns and Automobiles

A shotgun certificate may be revoked if the chief officer of police is satisfied that the holder can’t be permitted to possess one without danger to the public safety or the peace.  A firearm certificate can be revoked on similar grounds and also where the holder is considered to be of intemperate habits, unsound mind or otherwise unfit to be entrusted with a firearm.  The term “intemperate habits” does not appear in the test for revoking a shotgun certificate, but, as the recently updated Home Office Guide on Firearms Licensing Law makes clear, it will still be relevant to the assessment of the danger posed to public safety or the peace.

Where alcohol abuse is concerned, the issue is whether it indicates that a person is unsuitable to possess a firearm due to possible impairment of judgement and loss of self- control, and the police will look closely at the circumstances of each case.  Usually it will be a pattern of behaviour that causes concern, but there may be cases where a single isolated drink driving offence may be enough.  And whenever a firearm or shotgun certificate holder comes to the attention of the police, a report is routinely forwarded to the firearms licensing team. 

Where excessive alcohol and guns come together, you won’t be surprised that the risk of revocation is greatly increased.  BASC’s Health and Safety Guidance for shoots states that no one who is obviously drunk should be allowed anywhere near a gun, and few would disagree with the observation that “the safest option is for all guns not to take alcohol during the shoot”. 

There is no prescribed alcohol limit for being in charge of a gun, as there is for driving.  It is something of a moveable feast and the basic offence remains largely unchanged since Victorian times.  Under section 12 of the Licensing Act 1872 a person found “drunk” in possession of any loaded firearm commits an offence and is liable to a fine - currently up to £200 - or one month’s imprisonment.  All firearms, including airguns, are covered, and an offence can be committed anywhere, on private as well as public premises. “Drunk” is a question to be decided in each case on the facts, and the test is whether the person concerned had, through consuming intoxicating liquor, lost the power of self-control.  This may take somewhat more alcohol than the drink drive limit.

Drink driving is, of course an offence, which carries an obligatory disqualification from driving, a hefty fine and the possibility of up to 6 months imprisonment.  The starting point is usually the level of the alcohol reading. Slightly over the legal limit and a minimum 12 months ban and a fine will usually be the punishment.  Three times over, and the period of disqualification will be considerably longer and prison a distinct possibility. The higher the alcohol level, the greater the likelihood of revocation, although that may be the least of your worries. 

There may be other, more serious, offences where guns and alcohol come together, as a member of a pheasant shooting syndicate discovered. During an enjoyable but uneventful shoot, he had his usual glass of wine at lunch, and at the end of the day he called into a nearby pub, where he had a couple more drinks before heading home.  It was getting dark and his route took him down a narrow country lane, where he had the misfortune to collide with a dangerously parked car. 

Police arrived at the scene, asked him what he’d been doing and he told them. They asked to see his shotgun, which was out of sight and secure in the boot of his car.  On inspection, it was found to contain a live cartridge.  He was of impeccable character, cooperated fully with the police throughout, apologised profusely for his oversight, which numerous witnesses confirmed was completely uncharacteristic.  He was breathalysed and found to be slightly over the legal limit, and as a result he was charged with two offences, drink driving and possession of a loaded shotgun in a public place. 

A valid certificate provides no defence for having a loaded shotgun (or a section 1 firearm together with ammunition) in a public place.  It merely saves the holder from committing an offence of unauthorised possession.  Whether it is lawful or not depends on the circumstances, which will include compliance with the law and conditions.  Any firearm must be unloaded before setting off for home and rifle bullets kept separately from a rifle whilst in transit (ideally in a locked container bolted to the vehicle). 

The drink driving offence led to an obligatory disqualification.  For the shotgun offence 3 months’ imprisonment was imposed, suspended for 12 months, with an order to perform 150 hours of community work.

A drink driving conviction is a serious matter for anyone with a shotgun or firearm certificate, which can quite possibly lead to revocation.  Where there are firearms offences, whatever the circumstances, alcohol consumption is likely to be regarded as an aggravating factor, and stopping off at the pub on the way home is really best avoided.  

Tim Ryan of Warners Solicitors has a niche criminal practice advising private clients on firearms offences. Gamekeepers feature amongst his regular clients. Sources praise him for being professional and considerate in his client care. For any questions about the legalities of shooting please call Tim on 01732 770660 or email t.ryan@warners-solicitors.co.uk. 

  Post by www.GunsOnPegs.com.