STEVEN LOMAX AGAINST THE CHIEF CONSTABLE, THE POLICE SERVICE OF SCOTLAND [2014] ScotSC 108 (10 December 2014)

STEVEN LOMAX AGAINST THE CHIEF CONSTABLE, THE POLICE SERVICE OF SCOTLAND [2014] ScotSC 108 (10 December 2014)

The applicant must demonstrate a good reason for possession of the particular firearm sought, not merely for a general class of firearm. Where a 2 shot revolver is sufficient for the humane dispatch of animals, there is no good reason to permit a 6 shot revolver. Public safety considerations and the statutory scheme to limit proliferation of higher-capacity handguns justify refusal of a certificate for a firearm of greater capacity than required for the stated purpose. The sheriff erred in law by failing to apply these principles and by allowing the appeal.

Citation
[2014] ScotSC 108
Parties
Pursuer and Respondent: Steven Lomax; Defender and Appellant: The Chief Constable, The Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
10 December 2014
Procedural Posture
Note of Appeal / Appeal From Sheriff to Sheriff Principal
Outcome
Appeal allowed; sheriff's interlocutor recalled; Chief Constable's refusal sustained; expenses awarded to defender.
Legal Topics
Firearms Certificate Variation, Good Reason for Firearm Possession, Public Safety and Firearms, Statutory Interpretation of Firearms Act 1968, Capacity of Handguns for Humane Dispatch of Animals
Administrative Law Firearms Law Firearms Certificate Variation Good Reason for Firearm Possession Public Safety and Firearms Statutory Interpretation of Firearms Act 1968 Capacity of Handguns for Humane Dispatch of Animals

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Parties

Steven Lomax

Pursuer and Respondent

The Chief Constable, The Police Service of Scotland

Defender and Appellant

Procedural Posture

Note of Appeal / Appeal From Sheriff to Sheriff Principal

Legal Issues

  1. 1 Whether the applicant must show a good reason for possession of the specific type of firearm sought under section 27(1)(b) of the Firearms Act 1968
  2. 2 Whether the Chief Constable or sheriff may restrict the capacity of a handgun for humane dispatch of animals
  3. 3 Whether public safety considerations justify limiting firearm capacity under section 27(1)(c)

Ratio Decidendi

The applicant must demonstrate a good reason for possession of the particular firearm sought, not merely for a general class of firearm. Where a 2 shot revolver is sufficient for the humane dispatch of animals, there is no good reason to permit a 6 shot revolver. Public safety considerations and the statutory scheme to limit proliferation of higher-capacity handguns justify refusal of a certificate for a firearm of greater capacity than required for the stated purpose. The sheriff erred in law by failing to apply these principles and by allowing the appeal.

Court Disposition

Appeal allowed; sheriff's interlocutor recalled; Chief Constable's refusal sustained; expenses awarded to defender.

Orders

  • The appeal is allowed and the sheriff’s interlocutor of 27 June 2014 is recalled.
  • The decision of the defender dated 4 February 2011 to refuse the application for variation of the firearm certificate is sustained.