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An extract from chapter 8 The certification system relating to section 1 firearms
8.15 The Association of Chief Police Officers for England and Wales (ACPO) submitted that police officers should be given the power to enter premises and seize firearms without warrant on refusal, revocation or suspension of a firearm certificate. The Association of Chief Police Officers in Scotland (ACPO-S) submitted that police officers should be given a power to seize certificates, firearms and ammunition prior to any revocation. It may be noted that where a firearm certificate is revoked under section 30(1)(a) or (2) of the 1968 Act the chief officer of police may require the certificate holder by notice in writing to surrender the certificate and any firearms and ammunition which are in his possession by virtue of it. Failure to comply is an offence (section 12(1) and (2) of the Firearms (Amendment) Act 1988). This would justify an application for a warrant to search premises and seize firearms and ammunition under section 46 of the 1968 Act which applies where there is reasonable grounds for suspecting that a relevant offence has been, is being or is about to be committed. However, leaving that particular case to one side, there do not appear to me to be explicit powers enabling police officers to seize certificates, firearms and ammunition where there is no question of an offence but where there is reasonable ground for suspecting that there is a substantial risk to the safety of the public. At present the police have to rely on the co-operation of the holder. I consider that provision should be made for such a power to be granted by a justice of the peace or, in Scotland, the sheriff, on the same lines as section 46. The powers under section 46 should also be extended to any civilian licensing and enquiry officer who is authorised in writing by the Chief Constable for that purpose.
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