BASC challenges police spot checks.

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Mr_Logic

Re: BASC challenges police spot checks.

#31 Post by Mr_Logic »

I agree there is case law also, but what is the original basis in statute? Something isn't initially made with case law, merely clarified and/or extended.
Mr_Logic

Re: BASC challenges police spot checks.

#32 Post by Mr_Logic »

Sorry folks I have been having a look back at this; let me clarify where I'm at.

The Police have a right to inspect firearms security provision, but this does not grant them them right of access at any point they so wish; hence the need to make an appointment to visit. i cannot find a transcript of the case law quoted to verify, but I would imagine it concerns access at an appointment to verify security, and not a spot check without notice.

Therefore, my position is this : No officer, you cannot enter my home without a warrant, and now is not convenient. Please make an appointment and you may inspect at a mutually agreeable time.

And as far as I can say, this is a perfectly legal standpoint since the police have no right of entry.
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meles meles
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Re: BASC challenges police spot checks.

#33 Post by meles meles »

Hmmm, there is much in what you say. In principle we don't like the idea of giving Mr Plod unfettered access to the sett whenever he so choses. We support the basic idea of our home being our castle. However, we find that being nice to our FLO helps us too. If he knocks at our door, we'll generally invite him in, make him a nice cup of tea (using only the finest leaves hand-picked by extra-virgin Indian maidens), serve it in one of Sir Josiah Wedgewood's prettiest tea cups and ensure that there are plenty of jammy dodgers, custard creams and chocolate suggestives for him to choose from. After half an hour or so of amiable chat he generally signs us off for a few more bang sticks and goes about his business. Of course, if a spotty faced yoof in blue turned up, 'ammered on the sett door and started trying to throw his 7.5 stone about we'd send him on his way and make sure our Chief Constabubble knew about it long before he got back to the station...
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Mr_Logic

Re: BASC challenges police spot checks.

#34 Post by Mr_Logic »

Well this is it isn't it? Depends on what they send. If I get my FEO and he's amicable I might cooperate, but if it's two clueless uniform plods, then sorry folks but I'm sticking to the law!
M99

Re: BASC challenges police spot checks.

#35 Post by M99 »

Mr_Logic

I totally agree with what you are saying, they have no right of entry and if it is not convenient they get sent on their way - but they are going to want to come back - they are going to want to know there and then when too, I am fairly certain of that! - that is where you may fall foul if you become obstructive or evasive and do not want to co-operate by agreeing a mutually agreeable time.

The bottom line is if they arrive and you are at home, your tea is not on the table, corrie is not about to start etc - then I see no issues in showing them what they wish to see. (Even though they have no basis to insist)

I'll see if I can get hold of the case law mentioned in this thread and I'll post it up if I do.

Mike
Gaz

Re: BASC challenges police spot checks.

#36 Post by Gaz »

I think BASC's entirely valid point is that the police should not be able to presume they have a right to rock up without an appointment at your home, whenever they feel like it, and demand to inspect your firearms or storage. It smacks of the Continental "Show your papers!" attitude which is totally foreign to the UK.

I'd also question whether this could be seen as entrapment. Have the inspecting plod been ordered to look for reasons to arrest (and build grounds for revocation), rather than ensure compliance?
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