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Re: E MAIL FROM A CLUB TONIGHT
Posted: Mon Oct 24, 2016 7:14 pm
by Sim G
breacher wrote:Three words for you ..........
BURDEN OF PROOF.
Once you have been granted authority for a firearm, and the authorities suspect you are not using it enough - it is for THEM to prove it. Not for you to prove that you are using it enough.
Once you demonstrate a need at time of variation, that need remains in place until such time as THEY prove you no longer have the need.
Keeping a register is merely gathering the evidence they need !
And Home Office guidance is not law.
I dont see any reference to recording serial numbers in the relevant LEGISLATION.
Of course the burden of proof returns to the FAC holder at time of renewal. He/she has to demonstrate that his need continues. However, how that need is demonstrated is not specified in legislation. Sure, a log from the club would assist but I would argue a competition result published or even a statement from a witness who has seen you using the firearm would suffice unless they wanted to challenge it for some reason whereby the court would decide whether on the balance of probabilities, the FAC holder and witness were lying !
The criteria being listed is lifted from the requirements which need to be met by clubs wishing to be approved by the Home Office. It's not guidance or law, but it doesn't have to be it's the requirements that have to met fir approval. So if you don't meet them, you don't get approved. Simple.
But here's the rub. If you own or have had your authority to acquire/possess granted on FAC on the basis of target shooting alone, the s44 of the FAA 1997 stipulates that you must be a member of an approved club.
Catch 22.
Re: E MAIL FROM A CLUB TONIGHT
Posted: Mon Oct 24, 2016 9:27 pm
by nickb834
breacher wrote:...
And Home Office guidance is not law.
I dont see any reference to recording serial numbers in the relevant LEGISLATION.
......
It could well be statutory instrument ie edict from the Home Office - ergo it IS law.......-
http://www.parliament.uk/business/bills ... struments/
Re: E MAIL FROM A CLUB TONIGHT
Posted: Mon Oct 24, 2016 9:30 pm
by nickb834
Sim G wrote:Dellboy wrote:so how does a club stand regarding data protection ?
The club is responsible for complying with the Data Protection Act.
The club doesn't always necessarily have to comply with the Data Protection Act - it could well be exempt:
https://basc.org.uk/join-basc/shooting- ... ction-act/
Re: E MAIL FROM A CLUB TONIGHT
Posted: Mon Oct 24, 2016 10:07 pm
by Sim G
Bloody hell that BASC definition was wafty!!!
Our club looked at this a couple of years ago and decided there was a requirement to be registered as the data we held was not for "personal, family or household affairs".
Neither are we a "commercial business" per se, but, we charge for the use of the facility in the firm of annual subscriptions and we've £20K plus in the bank....
I reckon it would be hard for us to argue otherwise.
Re: E MAIL FROM A CLUB TONIGHT
Posted: Tue Oct 25, 2016 9:39 am
by Mattnall
nickb834 wrote:Sim G wrote:Dellboy wrote:so how does a club stand regarding data protection ?
The club is responsible for complying with the Data Protection Act.
The club doesn't always necessarily have to comply with the Data Protection Act - it could well be exempt:
https://basc.org.uk/join-basc/shooting- ... ction-act/
I thought we all have a duty to protect others' information we hold whether we are registered under the DPA or not. Isn't that part of the DPA?
Re: E MAIL FROM A CLUB TONIGHT
Posted: Tue Oct 25, 2016 1:40 pm
by Chapuis
[quote="breacher"]
I dont see any reference to recording serial numbers in the relevant LEGISLATION.
quote]
It's in the rules governing H.O. approval and is only a requirement placed on approved clubs. Basically its one one the rules you agree to when applying for approval.