Correspondence

Firearms (Amendment) Rules 2019 medical declaration for registered firearms dealers and notification of dealers’ servants

Published 23 May 2019

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This publication is available at https://www.gov.uk/government/publications/circular-0052019-the-firearms-act-2019/firearms-amendment-rules-2019-medical-declaration-for-registered-firearms-dealers-and-notification-of-dealers-servants

1. This circular sets out changes to the Firearms Rules 1998 which will take effect from 10 June 2019.

2. Section 53 of the Firearms Act 1968 gives the Secretary of State a power to make rules prescribing the form of certificates and other things that need prescribing.

3. The prescribed application form for registration as a firearms dealer (Form 116) is set out in Part I of Schedule 5 (Rule 10(1)) and the prescribed form for dealers to notify the police of an additional place of business (Form 116A) is set out in Part II of Schedule 5 (Rule 10(2)) of the Firearms Rules 1998. The 2019 Amendment Rules will make changes to these forms as set out below.

Medical information

4. Amendments to Form 116 will require applicants for registration as a firearms dealer (RFD) to complete a medical declaration disclosing any relevant physical or mental health conditions that they have been diagnosed with or treated for in the past as this may affect their ability to safely possess firearms, shotguns or air weapons. This will bring RFD applicants in line with the medical checking process for firearm and shotgun certificate applicants – to note that these arrangements are currently under review.

5. Where an application is made on behalf of a company (Part C of the form) the officer making the application should either have day to day responsibility for, or direct oversight of, the firearms held by that company.

6. If an RFD applicant is already a firearm/shotgun certificate holder, they should provide details of their certificate(s). There is no requirement for an existing certificate holder to undergo further medical enquiries as part of an RFD application unless their medical circumstances have changed since the firearm/shotgun certificate was issued.

Servants

7. Amendments to Forms 116 and 116A will make it a requirement for applicants to provide details of their servants at the dealer’s main place of business and any additional place(s) of business. This will replace the existing voluntary system set out in the Home Office Guide on Firearms Licensing Law (see below for link).

8. There is no legal definition of a ‘servant’, but it should be noted that a letter of authority does not automatically make someone a ‘servant’ for these purposes. An employee of the dealer working for a firearms-related business would be a ‘servant’, but it is not the case that anyone whose services the dealer uses on any occasion will necessarily be a servant e.g. a self-employed outworker (such as an engraver). In these circumstances the outworker would be required to register as a firearms dealer.

9. The possession, purchase and acquisition of the firearms and ammunition by a servant may only be for the ordinary course of the business of the dealer as directed by the dealer. Further information is available in the Home Office Guide on Firearms Law (see below for link).

10. This new requirement will ensure the police are notified of RFD servants at initial application and at every three-yearly renewal. To capture the notification of those servants engaged by an RFD in between renewals, police forces will want to consider attaching the following condition to registrations, which has recently been added to NFLMS:

The holder of this certificate shall without undue delay notify the Chief Officer of Police who issued the certificate of the full name, date of birth and address of all servants who, by virtue of Section 8 of the Firearms Act 1968, are or will be authorised to be in possession of firearms and ammunition in the ordinary course of the business.

11. The Firearm (Amendment) Rules 2019 (SI No. 2019/963) were laid before Parliament on 21 May 2019 and will bring the changes set out above into effect from 10 June 2019.

12. Applications submitted to the police on or after 10 June 2019 must be completed using the revised application form. Applications received by the police on or after 10 June 2019 using the old-style form must be returned to the applicant for the correct form to be completed.

13. RFD applications received by the police prior to 10 June 2019 should be considered in the usual way.

14. Police forces are advised to update their websites to reflect the introduction of the new forms and arrangements.

15. Changes have been made to NFLMS to facilitate police forces in England and Wales generating a letter to the applicant’s GP asking for factual details about the applicant’s medical history and whether they have any concerns about them being registered as a firearms dealer. GP’s will also be asked to place a firearm code on the patients record indicating that they have access to firearms. Similar changes have been made to Shogun, the police IT system used in Scotland for recording firearms licensing applications.

16. Changes have also been made to NFLMS to facilitate police forces generating a letter to the applicant’s GP Practice Manager asking for the removal of the reminder code in the event that they are no longer registered with the police as a firearms dealer. Similar changes have also been made to Shogun.

Sources of further guidance:

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