Firearms Deactivation: Approved Person and Stamp Mark

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 October 2014:

Decision Reference: MD-HA-2014-0059

Decision Summary Title :

De-activation of firearms

Date of Decision Summary:

26 September 2014

Decision Summary Author:

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

De-activation of Firearms

Date of Written Report:

26 September 2014

Written Report Author:

Chief Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Approval of Mr Richard Le Brocq to deactivate firearms and approval of the relevant proof mark.

Decision(s):

The Minister approved Mr Richard Le Brocq to carry out de-activation of firearms in Jersey and approved the relevant proof mark to show that a firearm has been de-activated by him.

Reason(s) for Decision:

Article 51 of the Firearms (Jersey) Law 2000, provides that the Minister must approve the mark to signify that a firearm has been de-activated and must approve the person to carry out the de-activation.

Resource Implications:

There are no manpower implications. Stamps bearing the approved proof mark will need to be produced. This is likely to cost in the region of £390 for 5 stamps.

Action required:

The Home Affairs Department to notify Mr Le Brocq of the approval and to order the relevant de-activation stamps.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Firearms Deactivation: Approved Person and Stamp Mark

REPORT

APPLICATION TO PROVIDE A FIREARMS DE-ACTIVATION SERVICE

Mr Richard Le Brocq has applied to the Home Affairs Department to provide a firearms de-activation service. Mr Le Brocq is already an approved firearms dealer (Ministerial Decision MD-HA- 2012-0057, dated 20 June 2012 refers). Consequently, he has the facilities, knowledge and physical security measures necessary to be able to provide a de-activation service.

Article 51 of the Firearms (Jersey) Law 2000 provides that:

`51 De-activated weapons

For the purposes of this Law it shall be presumed, unless the contrary is shown, that a firearm has been rendered incapable of discharging any shot, bullet or other missile, and has consequently ceased to be a firearm for the purposes of this Law, if –

(a) it bears a mark which has been approved by the Minister for denoting that fact and which has been made by a person approved by the Minister for the purposes of this Article; and

(b) that person has certified in writing that work has been carried out on the firearm in a manner approved by the Minister for rendering it incapable of discharging any shot, bullet or other missile.’

In relation to Article 51(a), the Minister approved the `mark’ by Ministerial Decision MD-HA-2011-0067 dated 26 October 2011, and approved Newton and Newton to carry out the service in the same decision. Newton and Newton do not provide the service under a contract arrangement. Rather, they are recognised as an approved service provider having satisfied the Department that they can comply with the standards approved by the Firearms Law Liaison Group. They responded to a request for expressions of interest to provide the service and, at the time, they were the only firm interested. It is not the case, therefore, that other firearms dealers cannot provide the service.

Mr Le Brocq has confirmed that he can comply with the relevant de-activation standards and has a good reputation as a firearms dealer. The Connétable of St Ouen, in which Parish Mr Le Brocq is resident, has confirmed that he is fully supportive of Mr Le Brocq’s application.

The proof mark, which is used on a firearm that has been de-activated, clearly indicates which individual or company has undertaken the de-activation. The proof mark, which the Minister approved in 2011 was for the use of Newton and Newton only. A new proof mark will need to be created for use by Mr Le Brocq.

Recommendation

It is recommended that the Minister approves Mr Richard H Le Brocq as a provider of a firearm de-activation service and that he asks the Department to order new de-activation stamps for Mr Le Brocq.

Appendix

The proposed proof mark for Mr Le Brocq would look like this: