Just for those that called me and the GTA liars.
https://www.gov.uk/government/publicati ... ed-records
FROM: HOME OFFICE
TO: Firearms Licensing Managers and Registered Firearms Dealers
DATE:
23 December 2014
Notice of a change in law affecting Registered Firearms Dealers and Computerised Records
–
EU Weapons Directive 2008/51
–
updated advice
Advice was provided to Firearms Licensing Managers and Registered Firearms Dealers
in March 2014 about the introduction at the end of the year of EU Weapons Directive 2008/51
.
Registered firearms dealers were advised that they would need to keep computerised records from 31 December 2014.
The Home Office has now revisited its position on the implementation. We do appreciate that it is not ideal to be changing our approach at this late stage. However we have reconsidered the scope of the requirements and have decided that rather than mandating firearms dealers to computerise their records we will rely on the National Firearms Licensing Management System (England and Wales) and SHOGUN (Scotland), with both the police and firearms dealers continuing to record current
information.
As a reminder, the EU Directive states that from 31 December 2014: “Member states shall ensure the establishment and maintenance of a computerised data filing system, either a centralised system or a decentralised system which guarantees
to authorised authorities access to the data -filing system in which each firearm subject to the Directive shall be recorded.
This filing system shall record and maintain for no less than 20 years each firearm’s type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. Throughout their period of activity, dealers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and
the names and addresses of the persons supplying and acquiring it.
Upon the cessation of his activities, the dealer shall deliver the register to the national authority responsible for the filing system provided for in sub-paragraph 1.”What does this mean?
This means that from 31 December 2014 firearms dealers will be required to keep their registers for a minimum of 20 years
and can do so either as a paper -based record or computerised record.
Firearms dealers will not be required to record anything more or less than they are already required to do. The only difference for firearms dealers will be the length of time they must hold them for.
The Home Office will shortly be amending the Firearms Act, by way of a Statutory Instrument, so that records will be kept
for a minimum of 20 years and not five years as currently required.
Questions Q:
Why has the approach changed?
A
.
Continuing to use the centralised system for the majority of the recorded transactions
is now our preferred approach because it has a limited impact on both police and
fire
arms dealers.
We already have robust processes in place as firearms dealers are
required to maintain their own register of firearms under the Firearms Act 1968, details
of which are passed to the National Firearms Licensing Management System
and
SHOGUN
.
Q
: Wh
at
do I need to
do
now
?
A.
From 31 December 2014
you should
begin retaining your records for
firearms
transactions for a
minimum of 20 years
.
Q: Do I need to record anything differently than I am at the moment?
A.
The requirements in Article 4(4) f
or what has to be recorded are already covered by
section 40 and schedule 4 of the Firearms Act 1968 and Part IV of Schedule 5 to the
Firearms Rules 1998. As such, there is no change required in relation to the detail of
what is recorded.
Transactions can
be
record
ed
either as
a paper
-
based
record or
computerised.
Q: I only trade in air weapons do I need to comply with the Directive?
A.
There is no requirement for firearms dealers trading
only
in air weapons
to comply
with
the
Directive.
However,
firearms
dealer
s
trading
only
in air weapons
are
required to
comply with the
current system in section 40 of the
Firearms Act
1968
and
to
maintain a
register of transactions for
five years
.
Transactions can be recorded either as a paper
-
based record or computerise
d.
Q: I also trade in ammunition
–
for how long sh
ould
I keep
these
records?
A.
T
here is no requirement for ammunition
transactions
to be
reta
ined for longer than
five years
, as now,
but if you are
also
holding
records for firearms transactions
you may
choos
e to include ammuni
tion
and keep those records for twenty years
.
Transactions
relating to ammunition can be recorded either as a paper
-
based record or computerised.
Q: I trade in firearms, ammunition and air weapons what do I need to do?
A.
From 31 December
2014 for
firearms
related transactions you will be required to keep
these records for a minimum of 20 years.
B.
For transactions involving
ammunition or air weapons
there is no requirement for
these
records
to be
kept
for any longer than five years
. Firearm
s dealers
are still
required to comply with the current system in sect
ion 40 of the Firearms Act 1968 and to
keep these records
for five years.
Q
:
I offer a repair and/or storage facility, do I need to comply with the Directive?
A
.
Yes.
As registered fir
earms dealer you will be required to comply with the Directive
and to continue to meet the requirements
of the Firearms Act as
set out above
Q: I
w
ould like
to change to a computerised register, i
s there a particular format I
need to follow for maintainin
g
it
?
A.
No. The only requirement is that
whichever type of record you are maintaining,
your
record
s
must
contain all of the information that is already required under the Firearms
Act and which is outlined above.
As long as your record holds all of this i
nformation it is
open for you to
set
out the record in the way you want to.
Q: I
already maintain a
computerised
record is
there anything else I should be
aware of?
A.
When keeping electronic records individuals should also be aware of the principles of
th
e Data Protection Act 1998 and the requirement to protect information that they hold.
A link is attached concerning small business and cyber security which may be helpful:
https://www.gov.uk/government/uploads/s ... /197177/bi
s
-
13
-
780
-
small
-
business
-
cyber
-
security
-
guidance.pdf
If you have any questions please contact
Firearms@homeoffice.gsi.gov.uk
)
