New statutory guidance

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mag41uk
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New statutory guidance

#1 Post by mag41uk »

Christel
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Re: New statutory guidance

#2 Post by Christel »

Thank you for posting, I am assuming it is related to the survey we all filled in?
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Re: New statutory guidance

#3 Post by dromia »

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Re: New statutory guidance

#4 Post by Rarms »

How does one get access to that link?
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Re: New statutory guidance

#5 Post by Graham M »

Never argue with an idiot, he will drag you down to his level and beat you with experience.
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Re: New statutory guidance

#6 Post by Graham M »

Information about medical suitability
2.24 It is the responsibility of the applicant to arrange for information about their medical
suitability to be provided by their General Practitioner (GP) or another suitably
qualified doctor registered with the General Medical Council (GMC)7 to the police
firearms licensing department dealing with their application. When the medical
information is being provided to the police by a doctor from a private company, the
doctor must receive the applicant’s medical information direct from the GP practice
and not via the applicant.
4 RFDs are not required to put forward referees.
5 The police may carry out some background checks on the referee in order to determine his/her character.
6 ‘Family’ is taken to mean the following: wife, husband, mother, father, son, daughter, sister, brother, aunt,
uncle, grandparent and in-laws or step relations as above. Cousins are not regarded as immediate family,
but co-habiting or civil partners or partners in a same-sex marriage should be considered as ‘family’ for these
purposes and should not be accepted.
7 The term ‘suitably qualified GMC-registered doctor’ is used in this document to refer to a doctor with a full,
specialist or GP (rather than provisional) GMC registration and a licence to practise (including where this
doctor is providing this service for a private company).
FIREARMS LICENSING: Statutory Guidance for Chief Officers of Police
7
2.25 Chief officers should consider information provided by a suitably qualified GMCregistered doctor for every person who applies for either the grant or renewal of a
firearm or shotgun certificate, or to be registered as a firearms dealer, to assess any
issues regarding medical suitability. If an applicant does not have a GP in the UK,
they will not be able to fulfil the criteria to be issued with a firearm or shotgun
certificate.
8
2.26 In July 2019 the Home Office, police and British Medical Association agreed a
Memorandum of Understanding which sets out the roles and responsibilities of police
and doctors regarding the medical assessment of firearms applicants and the
ongoing monitoring of those in possession of a firearms certificate.
9 In Scotland
similar arrangements are set out in a joint letter from the Chief Medical Officer and
Police Scotland, dated March 2016.10
Information sharing between the GP and the police
2.27 The application form requires the applicant to declare relevant medical conditions.
The police may approach the applicant’s GP to obtain relevant medical information
both during the application process and at any time during the validity of the
certificate if there are concerns about the applicant’s continued fitness to possess
firearms safely.
2.28 Doctors owe a duty of confidentiality to their patients, but they also have a wider duty
to protect and promote the health of patients and the public.11 Depending on
whether a firearms applicant or licence holder has capacity or not, whether they pose
a risk to themselves and/or others, GPs may, depending on the individual
circumstances, share relevant information with the police on the following grounds:
• with the individual’s consent;
• on public interest grounds; or
• in some rare circumstances, if it is legally required.
Detailed information on the potential grounds for disclosing information by GPs can
be found in the GMC’s guidance on confidentiality at www.gmc-uk.org. The GMC is
the regulator for doctors.
Medical information required by the police
2.29 When a person applies for a firearm or shotgun certificate or to be registered as a
firearms dealer, the applicant will ask their GP, or a suitably qualified GMC-registered
doctor, to provide information to the police which will confirm whether or not the
applicant is or has been diagnosed or treated for any relevant medical condition
which could affect their ability to possess a firearm safely. A medical proforma to be
8 Military personnel who are posted abroad and have an MOD GP may still be regarded as resident in the
UK for licensing purposes.
9 MOU between BMA, HO and Police re medical applicants (England & Wales)
10 Information sharing requirements between police and general practitioners for grant/renewal of
firearms/shotgun certificates (Scotland)
11 GMC. Confidentiality: good practice in handling patient information (2017). Para 60 GMC Guidance for
Doctors - confidentiality and good practice in handling patient information
FIREARMS LICENSING: Statutory Guidance for Chief Officers of Police
8
used for this purpose is part of the firearms application form and should be detached
by the applicant and passed by them to the doctor for completion. This process is
also to be used for the renewal of certificates.
2.30 Doctors should not be asked to give general access to an applicant’s medical record
as this may result in doctors being in breach of the Data Protection Act 2018. Nor
should they be asked to either endorse or oppose applications. Responsibility for the
decision about whether a person is suitable to be granted a certificate lies with the
police, not the doctor.
2.31 It is for the applicant to arrange for the medical information to be sent to the police
either with the application itself or, alternatively, direct from the doctor. An application
for a certificate will not be granted without such medical information. If medical
information is not provided the police should inform the applicant that the application
cannot be progressed in the absence of the required information from the doctor and
will be refused. The police may contact the applicant, or the doctor directly, to
request missing medical information before making such a refusal, at the chief
officer’s discretion.
Relevant medical conditions
2.32 Medical conditions that could be relevant include:
(i) Acute Stress Reaction or an acute reaction to the stress caused by a trauma,
including post-traumatic stress disorder;
(ii) suicidal thoughts or self-harm or harm to others;
(iii) depression or anxiety;
(iv) dementia;
(v) mania, bipolar disorder or a psychotic illness;
(vi) a personality disorder;
(vii) a neurological condition: for example, Multiple Sclerosis, Parkinson’s or
Huntington’s diseases, or epilepsy;
(viii) alcohol or drug abuse; and
(ix) any other mental or physical condition, or combination of conditions, which
may affect the safe possession of firearms or shotguns.
The list above is not intended to be exhaustive. Doctors should consider any other mental
or physical condition which may affect the individual’s safe possession of a firearm or
shotgun, now or in the future. See also sections 3.34 and 3.35 when a patient has been
subject to the provisions of the Mental Health Act 1983 and/or the Mental Health (Care and
Treatment) (Scotland) Act 2003.
Payment of a fee
2.33 Whether or not the doctor requests that a fee be paid in advance of responding to the
request to supply information to the police and, if so, the level of that fee, are matters
FIREARMS LICENSING: Statutory Guidance for Chief Officers of Police
9
between the applicant and the doctor. It is not an issue that the police should
become involved in.
Requesting medical information from a GMC-registered doctor other than the applicant’s
own GP
2.34 The supply of relevant medical information from a doctor who has access to the
applicant’s medical record is necessary to determine the level of risk to public safety
arising from the grant of a certificate. The certificate should not, therefore, be granted
or renewed if this information is not provided.
2.35 An applicant may, if they wish, approach a suitably qualified GMC-registered doctor
to supply the relevant medical information to the police firearms licensing department.
2.36 Where the doctor indicates that there are relevant medical issues and the police
require further medical information in order to consider the application, the police
may, at the chief officer’s discretion, contact the doctor directly to discuss the
application or seek further clarification. If necessary, the police should ask the
applicant to contact the doctor to obtain further information, such as a medical report,
about these issues. Any fee required by the doctor at this stage is a matter between
the doctor and the applicant. If, having received further information, the police still
have concerns about any of the medical information given or wish to obtain a more
detailed report, they may request this from the doctor, the applicant’s GP or, if
appropriate, from a relevant specialist. The police should meet the costs associated
with the provision of this additional report.
2.37 If the applicant themself has declared a relevant medical condition on the application
form the police may ask the applicant to obtain and pay for, if required, a medical
report to assist with their consideration of medical suitability. If a further medical
report is subsequently required by the police to assist with consideration of the
application, the police will pay for this.
The role of Local Medical Committees
2.38 Good working relationships between the police and local GPs will help to ensure
effective information sharing arrangements.
2.39 Engagement with the Local Medical Committee can help to secure a consistent set of
arrangements in place across a local area. For example, if all parties are in
agreement to developments or innovations that help to speed up application
processes without compromising public safety, this is likely to be acceptable,
provided that any variations from the processes described in this guidance are
delivered on a voluntary basis, and that the procedures described here are adhered
to if any concerns are expressed by the applicant.
Firearms reminder on the patient’s medical record
2.40 When a firearm or shotgun certificate is granted, or a person is registered as a
firearms dealer, the police will contact the applicant’s GP to ask them to place a
firearms marker on the applicant’s medical record. The purpose of having a marker
on the medical record is to provide a reminder to the GP that they may need to notify
FIREARMS LICENSING: Statutory Guidance for Chief Officers of Police
10
the police if a person begins to suffer from a relevant medical condition, or a relevant
condition worsens significantly, specifically when this may affect the person’s ability
to possess a firearm safely. The marker will be on the record during the validity of
their firearm or shotgun certificate or registration as a firearms dealer. This is added
to the patient’s record by the GP on a best endeavours basis, to reduce the risk that
such relevant developments or changes are not reported to the police, which could
endanger the certificate holder, members of his or her family, or the wider public.
2.41 There is no requirement for GPs to monitor or assess a patient who currently holds a
firearm certificate, but they should consider notifying the police if they become aware
that relevant aspects of a licence holder’s circumstances have changed that mean
they may no longer be safe to hold a firearms licence. Doctors owe a duty of
confidentiality to their patients, but they also have a wider duty to protect and
promote the health of patients and the public12. This is set out in the Memorandum of
Understanding agreed between the Home Office, police and British Medical
Association in July 2019. Full consideration must be given to the security of the
patient record once the marker has been applied.
2.42 Detailed information on the grounds for disclosing information can be found in the
GMC’s guidance on confidentiality at www.gmc-uk.org. It is open to a GP to
approach the police at any time in order to pass on information of possible concern
about an individual, whether a patient or not, who possesses firearms or is applying
to do so.
Revocation, cancellation, expiry (without renewal) or refusal
2.43 The police must inform the GP within one month if a certificate is revoked or
cancelled, if it expires and is not renewed, or if the application is refused. The GP
can then remove the firearm marker from the patient’s record.
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Re: New statutory guidance

#7 Post by Blackstuff »

And there you have it. Got a wife, girlfriend, partner who doesn't like guns/shooting, potentially bye bye certificate. :wave: Had an argument with a sibling or just don't generally get on with them? Well here's a massive stick for them to beat you with/'keep you in line'. troutslapping

I think we can safely say that there'll be even fewer certificate holders now disclosing any mental health issues to their GPs than even before too. Definitely not a recipe for disaster. 5mith

Is there any info the GMC link that states that a GP should be giving their professional opinion on any relevant conditions, and not their personal opinion on firearms (i.e. remove that ridiculously named 'conscientious objector' clause)?
DVC
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Re: New statutory guidance

#8 Post by Pippin89 »

Blackstuff wrote: Thu Oct 21, 2021 7:53 am Is there any info the GMC link that states that a GP should be giving their professional opinion on any relevant conditions, and not their personal opinion on firearms (i.e. remove that ridiculously named 'conscientious objector' clause)?
To be honest, although its a pain when a doctor is a 'conscientious objector', I think I would rather someone like that was not involved in my firearms application!
My doctor when I got my grant was a shooter so was really good about it all. Sadly he retired and my new doctor is an objector. I would rather go through the faff of dealing with a third party than let an objector get the opportunity to get my guns taken away!
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Re: New statutory guidance

#9 Post by Graham M »

This is ridiculous. Should you have a break-up with a girlfriend, wife, husband, partner or any other version that is applied in these times, and then upset them at any time later, all they have to do is make a spurious complaint and you can lose your guns.
Additional checks by the police relating to domestic abuse
2.46 Evidence of domestic abuse is one of the most serious factors that should be taken into consideration in assessing an application (see paragraphs 3.24 - 3.25).
The Government’s existing definition of domestic abuse (prior to the Domestic Abuse Act 2021) is as follows: ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality’13.
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Re: New statutory guidance

#10 Post by Christel »

The domestic abuse checks...it is already happening, where guns are seized due to the other part reports you for whatever reason.

Latest one I heard was a chap who lost his wife about a year ago, two work colleagues addressed him at work the other day asking why are you so quiet with the added words ...have you not got over your wife yet. He in turn turns around and tells them to mind their own business in a very nice way...no shouting, apart from please mind your own business.
All hell breaks loose later that day, guns seized. Reported by two work colleagues who had their noses put out and obviously this was a way to get back at him. Being quiet is now signs of being a danger to society and yourself.
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