From: [EMAIL PROTECTED] > >Got to agree with Steve and Jonathan here. > > > >If you don't have a valid FAC in your possession then > >you commit an offence - absolute, no defence in law. The > >fact that you have applied for renewal of the FAC and > >been assured of it's issue by the police is a mitigation > >not a defence. > > That would be a matter of fact for a jury to consider. In the > circumstances as described I believe they would decide that the > new certificate was in force. Certainly, if your fee cheque has > been cashed you have a certificate in force. The fee is payable > for the NEW CERTIFICATE, not for an application or for a refusal > to renew. Sorry Peter, got to disagree here. The cert is not in force until the renewal is actually completed and signed by the Police. I don't think the payment comes into it. I once sent in a fee for a variation for which didn't require payment, the police cashed the check and I was sent a check of thiers back with my varied cert. The Law is quite clear, no cert or sec 7 permit in force, illegal possesion. > I smile when people say this or that is an absolute offence. > There is nearly always a line of defence if you are prepared to > think about it. NEVER PLEAD GUILTY. Until Mr Blair succeeds in > bulldozing his abolition of the right to a jury trial through the > House of Lords, all Englishmen are innocent until a jury decides > otherwise. And they will if you don't have the relevent authority to possess, they have no option, there is no authority for anyone to make an exception anywhere in the law. > >Do you trust your local Police? > > In this respect, and in this police area, yes. Absolutley not, because they are wrong and if it gets to court you will be convicted of illegal possession. > >Even if you do its safest to follow advice and ask for a > >Section 7 permit or lodge the guns and ammunition with an > >RFD. > > Do as you please, but if your local police say it is OK, and if > you confirm that in a recorded delivery letter to your Chief > Constable, with a copy to your MP, you are in the clear and you > save your local licensing department a little time. Bear in mind > that the more unnecessary work we create for the police the > higher they must push the fees under the doctrine of full cost > recovery. Well I know of at least two cases where the Police had told people that "we will cover you until you cert is renewed" on asking for confirmation of this in writing what drops through the letter box the next morning? Yep, a sec 7 permit. The police may be horribly incompetant when it comes to firearms licensing but they are not quite stupid enough to tell you in writing to be in illegal possession of firearms. The other problem that has been missed is what happens if for some reason they refuse your renewal. If your cert is not in force they are perfectly entitled to come round your house, confiscate your guns and arrest you. Jonathan Laws -- West Midlands Police cash the cheque as soon as they get it, if you get turned down they send their own cheque back. From what I recall of the PSA moaning about it most forces do that. Steve. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___________________________________________________________ T O P I C A The Email You Want. http://www.topica.com/t/16 Newsletters, Tips and Discussions on Your Favorite Topics
