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OCC-HEALTH  September 2017

OCC-HEALTH September 2017

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Subject:

Re: fitness to hold fire arms licence

From:

"Trevor Maze [Leeds]" <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Thu, 14 Sep 2017 11:02:35 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (59 lines)

Alison,

As with other health issues in employment, all they need (as opposed to desire) is a statement of fitness or otherwise.  

I suspect you have been asked the question because someone thought they might be personally exposed in the event of an incident and they wish to pass the liability on to you.  Their resources would be better spent on regular, practical training (i.e., an off-site range, not merely a classroom lecture) and assessment of safe handling by a reputable Firearms Safety Instructor.  The medical aspects have already been covered by the firearms licencing process.  

In any case, I very much doubt that the police will release to a third party the declaration submitted by the applicant and AMRA would not apply here anyway.  AMRA could be used to obtain a copy of any report issued to the police directly from the doctor who wrote it, but a report might not have been requested.  Assuming they did obtain the medical declaration, does the employer have greater resources or are they in any better position to judge the individual's fitness than the Police Firearms Officer?  Or will they then simply dump responsibility for the decision on to you?   

In the case of individuals who already possess a firearm or shotgun certificate, you do need to ask them whether their health has changed or if they have been prescribed medication (or have ceased to take it) since the grant of their certificate. You may wish to supplement this with a confirmatory note from the GP, in the same way that transport employers are now requesting for PCV drivers.  If the individual needs to make a first application for a licence, the granting of a certificate will answer the question of fitness and refusal will make the matter irrelevant. 

If you do agree to undertake specific assessments on each of these individuals, you should probably follow a process similar to the one followed by the police in assessing whether an applicant is fit to carry a firearm.  The following outline applies to England & Wales, but similar arrangements are in place in Scotland and Northern Ireland. In my view, a private employer is unlikely to wish to fund anything quite so thorough.


Every application for grant or renewal of either a firearm or a shotgun certificate requires a health declaration, which is then corroborated with the applicant’s GP.  The same requirement is repeated should the licence holder request a variation of their certificate.  Either certificate has a lifespan of no more than five (5) years, after which the whole process is repeated again. The statutory forms are on the government website.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/511189/Ei_-_Form_201.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/511190/Eii_-_Form_201V_-_15_Mar.pdf

The applicant is required to sign the following declaration: “I understand that I am expected to inform the police if I begin to suffer from a relevant medical condition, having sought medical advice or treatment for such a condition, while the certificate remains valid.” 

The application specifically states the following “You must disclose any physical or mental health condition that may affect your ability to safely possess and use a firearm (including a shotgun).  Sections 27 and 28 of the Firearms Act 1968 (as amended) specify that in order to issue a firearm or shotgun certificate the chief officer of police must be satisfied that an applicant can be permitted to possess a gun ‘without danger to the public safety or the peace’.  Medical fitness is one of the factors police must consider when assessing a person’s suitability.” 

The application notes give examples of what are considered relevant medical conditions which must be disclosed. 
-Acute Stress Reaction or an acute reaction to the stress caused by a trauma 
-Suicidal thoughts or self harm  
-Depression or anxiety 
-Dementia 
-Mania, bipolar disorder or a psychotic illness  
-A personality disorder 
-A neurological condition: for example, Multiple Sclerosis, Parkinson’s or Huntington’s diseases, or epilepsy 
-Alcohol or drug related abuse 
-Any other condition, mental or physical, which might affect safe possession of firearms. 

When a relevant medical condition is disclosed, the police may ask for a medical report from the GP/specialist. Crucially, when no relevant medical conditions are disclosed, the police will contact the GP asking if they are aware of any relevant medical conditions or have any concerns about the issue of the firearm or shotgun certificate.  

The police ask GPs to place an encoded reminder on your patient record to indicate that you have been issued with a firearm or shotgun certificate.  The GP is asked to notify the police if the licence holder subsequently begins to suffer from a relevant medical condition, or if the GP has other concerns that might affect safe possession of firearms.  Following such contact from the GP, a medical report may be required as part of assessment of continued suitability to possess a firearm or shotgun certificate.  

Licence holders are also required to: 
-inform the police if they change their GP practice and provide contact details for the new practice. 
-provide details of all GP practices over the past 10 years 
-State whether they have consulted medical practitioners other than at their GP practice so that all relevant information is available. 

The BASC provide a fact sheet on the medical aspects of the licencing process.
https://basc.org.uk/wp-content/uploads/downloads/2016/03/Firearms-licensing-medical-process-fact-sheet.pdf


I trust this is of help, although I've wandered a bit beyond your question. 

Trevor Maze
Occupational Physician

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