Inquest hears 2015 concerns over police licensing warned of 'another tragedy'
The process of a 'high-risk' decision to award a shotgun licence to someone where it has previously been removed was today outlined at an inquest
Last updated 19th Jan 2023
A jury were today told the shotgun held by Plymouth gunman Jake Davison was not a 'normal' type of gun used for clay pigeon shooting.
Today it also emerged in 2016, police could not force a GP to provide a medical opinion on whether the person was fit to hold the licence - even if the applicant self-declared a medical condition.
The inquest did hear there was a 'discretionary element' in the guidance for police to pursue any medical concerns in further detail though.
Devon & Cornwall Police are due to answer detailed questions about the decisions surrounding Jake Davison's shotgun licence over the coming days.
Superintendent Adrian Davis from Warwickshire Police, the National Police Chief's Council coordinator for firearms' licensing, has this morning been answering questions on the process of applying for a weapon.
The inquest heard that in 2015, a review of firearms licensing across a number of forces (including Dorset and Devon & Cornwall from its close association) called for 'effective monitoring and auditing' and raised concerns about an 'absence of nationally accredited training'.
There was also concern, in the review, that some forces were not following the Home Office guidance at the time and the 'authorised professional practice'.
The inquest was told that the review in 2015 finished by saying 'we cannot make our position clearer, it is now for others to accept the need for change and if they do perhaps the life of the next victim of firearms misuse will be saved. What is highly likely is if change is not accepted there will be another tragedy'.
Supt Davis said a consultation is currently underway on how 'a good police force should operate' in relation to firearms licencing - something he has written.
The session heard that a 'firearm' shoots bullets and is deemed a slightly more powerful type of weapon, while a 'shotgun' can fire cartridges and there's little difference in consideration of 'suitability' for each type of licence. Jake Davison had a shotgun, with an allowance of up to 15,000 cartridges - and could legally hold the type of shotgun ammunition used to hunt big game.
Supt Davis said there was national non-statutory guidance in 2016 from the Home Office about firearms licensing - with clear guidelines that should be followed.
The inquest heard a standard 'high-risk decision' would include if a person had a licence refused or revoked. Supt Davis gave an example of a person refused in late teens, but applying again in their late 50s while 'living a very different life'. He stressed a 'high risk' decision needed to be 'properly scrutinised' and there was guidance about how such decisions were made.
The 2016 guidance said high-risk decisions should be approved by an 'appropriate level of seniority' which was likely to mean as a minimum by a firearms' licensing manager and in some cases someone senior to that. Examples cited included a certificate granted or renewed where there is evidence of violence, domestic abuse or medical unsuitability or 'concerns raised by someone known to licence holder'.
Supt Davis said if investigators were presented with a 'caution for assault', while looking into an applicants' background, they would need to establish more details - after being asked the levels of details investigators were expected to dig.
Each police force had its own firearms licensing department, as they are deemed to have local knowledge - but they all follow the national guidance. The inquest heard it is an offence to own a shotgun or firearm without a licence - or use one without being around someone properly licensed - and only adults can buy a gun.
In 2016 there was a standard form to apply for a shotgun, where personal details would need to be disclosed - such as medical or criminal details - and a reference was needed.
A shotgun license required one reference but a firearms licence required two and the reference had to be from someone of 'good character' and not necessarily an expert in weapons. The inquest heard the police decide if the person applying is 'suitable' and the reference just comments on the applicant's character and background. The person acting as a reference needed to know the applicant for two years.
It was heard that police needed to believe the person applying for a shotgun or firearms licence was 'fit' before granting one, without danger to public safety or police. Someone jailed for more than three years is banned for life and anyone sentenced for more than three months is banned from owning a firearm for five years. Below a three-month term there's no automatic 'unsuitability' but police stressed that officers needed to believe the person was 'fit' to own the weapon before a licence was issued. Supt Davies said they would also 'join the dots' based on the number of police call outs or convictions.
He said: "A lot of people shoot within the UK and the vast majority pose no danger whatsoever to public safety and police."
The inquest heard legitimate activities included game and clay shootings and in relation to shooting, which is an Olympic sport.
It was confirmed today that the inquest heard that once a certificate is revoked the person would need to reapply. There is a 'review' process which decides if the certificate should remain - and police can decide if the person holds the weapon during that process.
In 2016, conditions that needed to be declared included 'any that might affect suitability' and could include issues with alcohol, drugs, self-harm, depression or a condition such as Parkinson’s. At that time ADHD did not appear in the list - and doesn't today - but concerns would be covered by the catch-all of 'suitability'.
The inquest heard that people with conditions such as depression - which are being treated - do currently hold firearms licences and there's no 'condition' that automatically prevents a weapons certificate as applicants are considered on an individual basis. The inquest heard all relevant medical information is considered.
In 2016, the applicant had to give consent for the GP to provide information and also needed to give consent to get a licence consideration.
If the applicant declared a condition, in 2016, it wasn't obligatory for police to contact GP for more information. There was also no obligation on the GP at the time to provide information if asked by police but it was 'expected' that the GP would provide help to officers if asked.
The jury were told police still make the final decision about who is able to hold a licence but there was an 'encoded reminder', or mark on a GP record, so that if a concern or change comes to light the GP will have seen the marker and know that the person has a weapons' licence - thus could notify police if something came to their attention. A weapons licence has to be renewed every five years and there's no 'expiry date' or maximum age - as decisions are made on individual suitability. The inquest heard some people in their 80s still shoot and hold licences in the UK.
The guidance calls for 'continuous' assessment and suitability of the applicant. Applicants must disclose all convictions or cautions - regardless of the length of time passed - as well as any restorative justice proceedings. This gives police the chance to look into circumstances of the 'event' and help to decide on suitability to hold a weapons licence. Any 'intemperate habits' such as aggressive or anti-social behaviour, loss of self control are also considered.
The court heard an applicant could be refused simply due to a person they live with or are associated with. In 2016 there would be a home visit to the premises to gather more information on the other occupants from a licensing professional.
When asked 'how extensive' checks are, Supt Davis said it should be 'a proportionate and reasonable check' and a psychiatric report would be reasonable, before adding: "You have to be sufficiently reassured."
The inquest heard the licensing team are backed by the national guidance to investigate further if they felt necessary. If there is a declared condition then the GP 'should be asked' according to the guidance. Supt Davies said: 'You can't truly assess suitability without the full facts".
Supt Davis said the licensing team would look at whether the person has or hasn't used the weapon, during a review, as it is a 'relevant' factor but not an over-riding one.
The inquest heard the shotgun Jake Davison was allowed to hold was not a 'normal' gun for clay pigeon shooting - but he was allowed to 'posses' a shotgun according to his licence and he did own a type of shotgun. He applied in 2017.
The inquest heard the licensing teams need a 'professional curiosity' when deciding on applications, and this could lead in 'different directions' to information being obtained. If a licence was refused, there is an appeal process to a Crown Court within 21 days for a judge to assess. Supt Davies says that's effectively a 're-application' and costs could vary.
Supt Davis said in Warwickshire, over the past 18 months, a 'handful' of people appealed to courts but none were successful, when asked how many appeals he knows about.