Firearms Dealer: Registration Approval

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 7 August 2017:

MINISTERIAL DECISION REFERENCE: MD-HA-2017-0063
DECISION SUMMARY TITLE: Application for Registration as a Firearms Dealer - Approval
DECISION SUMMARY AUTHOR:	Policy Officer, Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Application for Registration as a Firearms Dealer – Approval
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Policy Officer, Community and Constitutional Affairs	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Assistant Minister for Home Affairs approved an application by Mr Gary Walton for registration as a firearms dealer. The application has been considered in accordance with the process and criteria for the registration of firearms dealers and is subject to certain conditions as outlined in the attached report.
RESOURCE IMPLICATIONS: None
ACTION REQUIRED: The Assistant Minister to sign and issue a certificate of registration to Mr Walton. The certificate will be valid for a period of 3 years.
SIGNATURE:			POSITION: Connétable Deidre Mezbourian Assistant Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Firearms Dealer: Registration Approval

Application for Registration as a Firearms Dealer – Mr Gary Walton

Report for the Assistant Minister for Home Affairs

In accordance with Article 20 of the Firearms (Jersey) Law 2000, Mr Gary Walton has submitted an application to the Minister for Home Affairs for registration as a firearms dealer.

Mr Walton indicated that the purpose of the application was to allow him to repair, modify and test firearms belonging to other Jersey Firearm Certificate holders. Mr Walton also requested permission to manufacture component parts for firearms where these were not commercially available. This work was to be undertaken on a part-time basis.

The Firearms Registrar at the States of Jersey Police has undertaken a visit to the premises where it is proposed Mr Walton would be undertaking this work. A number of recommendations were made by the Firearms Registrar to further enhance the security of the premises and regarding conditions that should be included (in the event that approval was granted) on Mr Walton’s Registered Firearm’s Dealer certificate. These recommendations and conditions have been discussed and agreed between Mr Walton, Officers in Community and Constitutional Affairs and the Firearms Registrar.

From discussions with Mr Walton, and following the receipt of references and evidence to support the application, the Department is satisfied that Mr Walton has the required skills and experience to undertake this work. The necessary vetting checks have also been undertaken.

The relevant Connétable has been informed of the application, and of the Assistant Minister’s intention to grant Mr Walton Registered Firearms Dealer status, subject to certain conditions.

The application has been handled in accordance with the process and criteria for the registration of firearms dealers. This was agreed in September 2016 by the Firearms Liaison Group which includes representatives of the firearms community, States of Jersey Police, Comité des Connétables and Community and Constitutional Affairs.

Policy Officer, Community and Constitutional Affairs 01 August 2017

Annex – The conditions attached to the certificate

Mr Walton has been granted Registered Firearms Dealer status for the purpose of repairing, modifying and testing firearms belonging to Jersey Firearm Certificate holders. Mr Walton is also able to manufacture small component parts for firearms where these are not otherwise commercially available.

The certificate is subject to conditions, including:

- The certificate holder to only conduct work on firearms which are held on a personal or club certificate;

- All modifications are to reflect the original specification of the firearm and adhere to those as permitted on the personal firearm certificate of the owner;

- The certificate holder is required to hold Public Liability Insurance (to a minimum value of £10 million) to provide cover in the event where a firearm, which has been repaired or modified, malfunctions and causes injury to any person;

- All testing of firearms that have been repaired or modified by the certificate holder must take place on an approved shooting range / on the premises of an approved shooting club;

- A register is to be kept by the certificate holder of all firearms that are repaired or modified (in accordance with Article 24 of the Firearms Law) and made available, subject to reasonable notice being given, to the States of Jersey Police and/or the Minister for Home Affairs;

- The certificate holder is not permitted to manufacture complete firearms;

- The certificate holder is not permitted to sell or purchase complete firearms (only repair, modify and test firearms and manufacture component parts when these are unobtainable through other means);

- The certificate holder is not permitted to trade in ammunition;

- Under this certificate, the holder is not permitted to de-activate firearms or carry out any work on firearms that are classified as ‘de-activated’;

- No firearms or component parts are to be left unattended at any time when work is being undertaken;

- All personal firearms are to be kept separate from firearms being repaired or modified.

Official