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UK gun laws need urgent reform to protect the public, Plymouth shooting coroner says (10 March 2023)

Date: 10/03/2023
Duncan Lewis, Main Solicitors, UK gun laws need urgent reform to protect the public, Plymouth shooting coroner says

Gun laws in the UK must face “root and branch” reform to protect the public, the coroner in the Keyham shooting inquest says in his Preventing Future Deaths report.

Ian Arrow said the 50-year-old Firearms Act is at “odds with public safety and the fundamental principle that owning a gun is a privilege and not a right”.

Jake Davison, who had a shotgun licence, shot and killed his mother and four others in August 2021, before ultimately using the weapon to kill himself.

Following the six-week inquest instructed by Duncan Lewis’ Graeme Rothwell, the jury outlined a number of “catastrophic failures” by both police and Government, which led to one of the worst mass shootings in British History.

Davison’s siblings, Jake and Zoe, called for sweeping changes to gun laws in the UK after the jury ruled the victims were unlawfully killed.
Arrow’s report says there is a need for the legislative distinction between Section 1 firearms – such as rifles – and shotguns to be ended.
He adds that he is “concerned the public would be better protected if the legislation provided that a certificate ‘shall not be granted’ unless the applicant has satisfied the relevant chief officer of police that they are safe to hold a gun of any type.

“I am concerned that whilst the criteria for issuing shotgun licences remain less stringent than those for holding Section 1 firearms, a misleading impression of potential fatality of each type of weapon will continue to affect the perception of and attitude to risk amongst police firearms and explosive licensing units and public safety will be compromised.”

“Numerous recommendations” arising from previous tragedies and reviews pointed to a lack of nationally recognised training for firearms officers, which is something that was required urgently, he writes in the report.

Davison used a shotgun that Devon & Cornwall Police had licensed to him in 2017 purporting to have used existing guidelines and licensing legislation. In September 2020, police confiscated the weapon after Davison committed a sustained, unrestrained and misdirected assault on two children, but later handed the weapon back to him.

The failings highlighted by the jury’s findings, which contributed to the shootings and which will likely be used to make widespread changes to UK gun laws included:

• That Devon & Cornwall Police [Firearms and Explosives Licensing Unit (or ‘FELU’)] made serious errors in granting Jake Davison’s application for a shotgun licence and by failing to revoke it in 2020
• Following the assault on two children in 2020, the force made an unreasonable decision to charge the assault as one of battery and to properly investigate whether it was safe to return the shotgun and certificate, after initially seizing them.
• The force did not have robust systems in place concerning the training of FELU staff, or to ensure decisions were made at the correct level.
• Sufficient medical information was not taken in respect of the initial shotgun licence application
• FELU failed to properly obtain and consider all the relevant evidence before deciding whether to grant the licence.
• A lack of national accredited firearms licensing training failed to equip police staff to protect the public.
• There was a catastrophic failure in the management of the FELU, with a lack of managerial supervision, inadequate and ineffective leadership.

The Independent Office for Police Conduct (IOPC) said a criminal investigation into possible health and safety breaches by Devon and Cornwall Police was ongoing.

Plymouth's senior coroner Ian Arrow praised the jury for their efforts over the course of the six-week inquest and the advocates, noting that he was struck by the high degree of collaboration. He also thanked them for their assistance in helping him prepare a Prevention of Future Deaths report.

Duncan Lewis’ specialist inquest team provides expert advice on all matters relating to inquests.

Experienced Claims Against Public Authorities director and solicitor Graeme Rothwell instructed barrister Nick Stanage, of Doughty Street Chambers.

Graeme is expert in holding public authorities to account when they abuse their powers, fail to observe their professional obligations, or otherwise act unlawfully. He has assisted a wide variety of clients as a result of their experiences at the hands of the state and regularly represents bereaved families in inquest proceedings and assists in bringing civil claims against the police, the prison service and government departments.

For advice in relation to inquests, contact Graeme via email graemer@duncanlewis.com or via telephone on 020 7275 2886.







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