THE TOP FIVE SERVICES OFFERED BY THE FIREARMS TEAM
- Providing confidential legal advice on firearms and related matters such as knives, explosives and countryside law.
- Advocacy with firearms licensing personnel on behalf of members.
- Providing technical and ballistic advice on all aspects of sporting firearms use.
- Assistance with completing firearms and shotgun certificate application forms.
- Represent members in court cases with expert evidence.
Other services
Advice on all aspects of firearms ownership and usage including:
- Provide information and advice on historical firearms and other heritage weapons.
- Assist members’ legal representatives with case preparation.
- Forensic examination and reports to evidence quality standard.
SO WHAT CAN YOU EXPECT WHEN YOU CONTACT BASC'S FIREARMS TEAM
If you have a problem with your police firearms licensing department or your certificates - BASC is here to help. As a member of BASC you can expect to receive prompt advice relevant to your problem from a member of our Firearms Team at Head Office.
If your problem concerns licensing, and you agree, a BASC specialist may be able to liaise with your licensing department in order to try to resolve the problem. Our aim is to solve problems by mediation in the first instance. If we do not think you have a sound case – or are better advised to take a different route – we will tell you and confirm it in writing if required.
Occasionally members’ licensing problems cannot be solved by mediation and the only remedy is to go to court by way of appeal where the law allows so. This can be expensive, uncertain and time consuming – and it is important that you should understand BASC’s processes in order to help you. The following principles will apply:
- Your case and any information you provide will be treated in strict confidence at all times.
- The person dealing with your case will be your case officer throughout BASC’s involvement. The case officer will be your main contact and it is important for you to liaise directly with that member of staff throughout the case to ensure continuity. If you have a disagreement with your case officer, please ask him to forward your call to the Director of Firearms for resolution.
- You must tell your case officer everything about your problem and surrounding circumstances. Failure to do so is likely to cause further damage to your situation and may even damage it beyond remedy.
- You will be kept informed about progress when there is information available. If we feel that the case cannot be taken any further, or that there will be a delay for whatever reasons outside our control, we will inform you and confirm the reasons in writing.
- You can expect high quality impartial legal advice on your case from a competent member of BASC’s Firearms Team. This advice will be based on settled law and/or sustainable legal opinion. Without prejudicing impartiality it will be framed so that it serves your best interest. Where this advice is complicated or lengthy, it will be provided in writing.
- An early and properly considered response in writing from the Director of Firearms or a senior member of the Firearms Team will be provided if, after due consideration, we consider the case does not have reasonable prospects of success. If that is so we will endeavour to advise on your best course of action thereafter.
DOES BASC FUND FIREARMS APPEALS?
IMPORTANT– BASC’s insurance package does not automatically provide legal financial cover for the loss of certificates. Your “Key facts” document sent to you at your time of joining the Association outlines the exact extent of the BASC insurance package. BASC is regulated by the Financial Services Authority (FSA) and accordingly by law, BASC’s written insurance documents must not be misleading and will have been sent to you upon joining. Further copies are available from our membership department by phoning 01244-573030.
BASC does not have a specific fund to help members cases; however in certain circumstances, funds may be made available though an ex gratia payment decided upon by the Chief Executive in conjunction with a small panel of specialist assessors. In order to qualify for funding your case officer will have had to make a favourable recommendation to the Director of Firearms who will assess the case ready for the Chief Executive and for the appeals funding process to commence.
If your appeal is agreed, BASC will use the following protocol:
- If BASC agrees to fund an appeal, you will receive regular updates on progress.
- If BASC agrees to fund, all legal expenses connected with your case from the date when funding was agreed will be met by the Association. BASC will not reimburse any costs arising prior to that date. If a partial offer is made we will inform you and confirm it in writing.
- Where funding is agreed, conduct of the case will be given to BASC’s legal advisors.
- BASC staff will act in a professional and supportive manner throughout the progress of the case, and will observe the usual rules of client confidentiality.
- If a BASC member has appointed a lawyer to act on his or her behalf, BASC’s Firearms Team will provide his or her legal advisor with advice or other appropriate information if requested on the members behalf.
- The BASC member concerned should be prepared to be interviewed at BASC Head Office prior to funding being agreed.
- If you have cause for complaint you may write in confidence to the Chief Executive and he will investigate it. He will inform you of his decision which will be final.
WHAT BASC WILL NOT DO
- Meet any legal or other costs incurred by the member prior to BASC agreeing in writing to fund an appeal.
- Lodge appeals in the first instance – these must be lodged by a solicitor appointed by the BASC member. BASC will only take conduct of a case upon agreement to fund an appeal and only upon assessment of the police evidence bundle obtained by the member’s solicitor and forwarded to BASC for comment. All Court matters shall be dealt with by the member’s solicitor until such time as BASC formally takes conduct of the case by agreeing to fund an appeal. Members are advised to brief their solicitors that the case will have to be handed over if funding is agreed.
- Pay for lawyers to represent a member other than those specifically approved to, or instructed to take conduct of the case by BASC.
- Fund cases that are not appeals concerned with licensing e.g. suing chief officers.
OTHER MATTERS
- BASC may decline to settle any legal bill if the member has withheld any material fact which in BASC’s opinion will or will be likely to significantly affect the outcome of the appeal.
- If BASC agrees to fund an appeal the member will be asked to sign a document agreeing to make full disclosure of all material facts in the case and to maintain strict confidentiality.
- BASC reserves the right to make public comment of a factual nature about the case after its conclusion. This notwithstanding, the member’s right to anonymity will be sustained and his identity will not be divulged other than by his express consent.
- If a member is given advice by a member of BASC’s Firearms Team but decides not to act upon it, BASC may, at its discretion, decline to give further advice or take the matter further on the member’s behalf.
13th October 2010
ENQUIRIES TO: Phone 01244-573010 email