Have you received a Suspension of a Licence and Notice of Proposal to Cancel under section 47 of the Firearms Act 1996?
There may be a way to fight the suspension and potential cancellation of your licence using sections of the Firearms Act 1996. The following sections may apply to your suspension:
Section 48 Making of Submissions
The holder of a licence who has been notified under section 47 may make written submissions on the proposal to cancel the licence.
- Submissions made under subsection (1) must be made within 28 days of the holder being notified.
Section 49B Review of Decision as to Period of Disqualification
A person whose licence has been cancelled under section 49 may apply to the Committee for a review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence.
Section 50 Review of Decision to Cancel a Licence
The holder of a licence under this Part whose licence has been cancelled by the Chief Commissioner under section 49(1), on any ground set out in that subsection other than the ground set out in paragraph (fa) may, if the holder is a non- prohibited person, apply to the Committee for a review of that decision.
Consider contacting an experienced criminal lawyer to assist you in contesting a suspension and potential cancellation of your licence. For more information, please read below.
The offence
Section 47 of the Firearms Act 1996.
The chief commissioner may seek to suspend or cancel a licence for any reason outlined in section 49 of the Firearms Act 1996.
The maximum penalty
Cancellation of a licence.
Where will my case be heard?
Any dispute over a suspension or cancellation will most likely be heard in the Magistrates’ Court.
What to do next?
Contact an experienced criminal lawyer immediately to act on your behalf in attempting to retain your licence. With specialist legal assistance and expertise, you have the best chance of overturning any attempt to have your licence cancelled.
The legislation
Section 47 Suspension of a licence and notice of proposal to cancel
(1) If the Chief Commissioner is satisfied that there may be grounds for cancelling a licence under section 49 the Chief Commissioner may suspend the licence.
(2) The Chief Commissioner must serve notice of the suspension of the licence on the holder of the licence either personally or by post.
(3) A notice under subsection (2) must—
(a) state that the licence is suspended; and
(b) state that the Chief Commissioner is satisfied that there are grounds for the cancellation of the licence; and
(c) set out those grounds; and
(d) state that the holder of the licence may make written submissions on the proposal and that any written submissions made must be made within 28 days of the giving of the notice.
(4) A suspension under this section remains in force—
(a) if the Chief Commissioner decides to cancel the licence, until the coming into effect of the cancellation; or
(b) if the Chief Commissioner decides not to cancel the licence, until the making of that decision.
(5) The holder of a licence, whose licence is suspended is deemed not to be the holder of a licence for the period of the suspension.
