Disclosure of firearms certificates

Summary

The requester asked for detailed statistics on firearms certificates, specific application form responses, and data on applicants with criminal convictions or under age 17. The Isle of Man Constabulary provided aggregate certificate numbers and conviction statistics but refused detailed breakdowns and specific form responses due to disproportionate effort and privacy concerns.

Key Facts

• Aggregate data for Regulated Weapon and Firearms Certificates issued and renewed between 2011 and 2019 was provided.
• Detailed breakdowns by calibre, make, type, and serial number were refused as retrieving them would constitute a disproportionate effort.
• Responses to specific application form questions (31, 32, and 33) were withheld due to the confidential nature of the process and disproportionate effort.
• As of March 2019, 789 out of 2003 individuals holding certificates had criminal convictions.
• The response did not explicitly state the number of applicants under the age of 17, though the request was acknowledged.

Data Disclosed

• 2019-05-01
• 2019-05-03
• 2011
• 2019
• 808
• 1757
• 2003
• 562
• 789
• 107
• 94
• 46
• 71
• 64
• 59
• 58
• 44
• 49
• 56
• 51
• 48
• 287
• 340
• 84
• 48
• 102
• 26
• 59
• 34
• 55
• 21

Exemptions Cited

• Disproportionate effort to retrieve data by hand for each certificate
• Expectation of privacy regarding confidential application processes

Original Request

I am requesting the disclosure of; (a) the number of firearms and regulated weapons certificates granted under the Shotguns, Air Weapons and Cross-Bows act 1994, per year, since 2011 and; (b) the number of those granted under the Firearms Act 1947. Could this be broken down by (i) Calibre (ii) Make (iii) Type & (iv) Serial Number. Also included in the scope of this request: Could you disclosure the responses to question 31, 32 & 33 from the Constabulary's Application form for the grant or renewal of a firearm certificate. Could you also advise how many permitted applicants hold criminal convictions?; If so, what are the offences? And; How many permitted applicants were under the age of 17? In anticipation

Data Tables (3)

Full Response Text

Isle of Man Constabulary Freedom of Information Department of Home Affairs Headquarters Tromode Road, Douglas Isle of Man, IM2 5PA Tel: +44(0)1624631394

Our ref: 807465 3 May 2019

Dear ###

We write further to your request which was received on 1 May 2019 and which states:

"I am requesting the disclosure of; (a) the number of firearms and regulated weapons certificates granted under the Shotguns, Air Weapons and Cross-Bows act 1994, per year, since 2011 and; (b) the number of those granted under the Firearms Act 1947. Could this be broken down by (i) Calibre (ii) Make (iii) Type & (iv) Serial Number. Also included in the scope of this request: Could you disclosure the responses to question 31, 32 & 33 from the Constabulary's Application form for the grant or renewal of a firearm certificate. Could you also advise how many permitted applicants hold criminal convictions?; If so, what are the offences? And; How many permitted applicants were under the age of 17? In anticipation"

Our response to your request is as follows: I have detailed below the information. Part 1

Requests the disclosure of: (a) the number of firearms and regulated weapons certificates granted under the Shotguns, Air Weapons and Cross-Bows act 1994, per year, since 2011 (b) the number of those granted under the Firearms Act 1947. If feasible, the above results to be broken down by: (i) Calibre (ii) Make (iii) Type (iv) Serial Number Part 2 Requests the disclosure of: The responses to questions 31, 32 & 33 from the Constabulary's Application form for the grant or renewal of a firearm certificate: 31. For what reason do you require, or wish to continue to possess, the firearm(s) and ammunition specified? 32. From whom will firearm(s) be purchased? (If seller is known, please include Firearms Dealer's Certificate number or the certificate number of the holder of the firearms). 33. Where do you intend to use each of the specified firearms? Part 3 Requests the disclosure of: The number of permitted applicants who hold criminal convictions. What offences (if any) the convictions are for. Part 4 Requests the disclosure of: The number of permitted applicants who were under the age of 17 at time of application. Part 5 How many of each of the following licences have been issued each year, since 2011? Description Grant of Firearms Certificate Renewal or variation Replacement (where lost/destroyed) Visitor's permit (white single A4 form) Black powder (dangerous goods) licence

Results The requests made have been divided into five parts, as shown above. Part 1 (a) and (b) can be summarized from data published in the Chief Constable’s Annual reports for the period, equating the number of Regulated Weapons Certificates granted as equivalent to (a), and the number of Firearms certificates granted as equivalent to (b). Regulated Weapon Certificates require the CC to show why the licence should be granted under Section 3 of the Shotguns, Air Weapons and Crossbows Act 1994. Part 1 licences (for a Firearms Certificate) require the applicant to provide good reason as to why they should be granted a licence under Section 2(2) of the Firearms Act 1947. 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 Regulated Weapon Certificates Issued 107 94 46 71 64 59 58 44 Regulated Weapon Certificates Renewals 49 56 51 48 287 340 71 84 Firearms Certificates Issued 48 102 26 59 34 34 55 21 While data is recorded on the details of weapons for which certificates are applied, retrieving it is possible but would represent a “by hand” search of each granted certificate, and would be a disproportionate effort to retrieve for all certificates, and so breakdown by parts (i)-(iv) will not be provided. Part 2 Applications for Firearms Certificates are dealt with within a confidential process. There is an expectation of privacy and the Constabulary asks questions 31 to 33 to make a balanced decision as to whether an individual should be granted a certificate. The Constabulary, again, would have to access each certificate application to ascertain the reasons behind the application. This would represent a disproportionate effort to the Constabulary. The Constabulary has conducted a reasonable search and any further retrieval of data would be a significant effort. Part 3 There are currently, as at end of March 2019, 808 Firearms Certificates and 1757 Regulated Weapons Certificates recorded by the Constabulary. These relate to 2003 individuals (562 individuals hold both certificates).

789 of these individuals hold criminal convictions. These are for a variety of offences. The Constabulary takes each application on its merit, and makes a balanced assessment on whether the applicant should be granted a certificate. The keeping of criminal records is a confidential process and as such the Constabulary will not divulge the nature of the offences for which individuals have been convicted. The Constabulary also believes that by releasing the nature of those offences this may raise a fear of crime, or a fear of crime would be realised. It may also lead to that data leading to the identification of individuals.
Part 4 Of the certificates recorded in the period, 9 individuals were under 17 at time of application. Part 5 Description Notes Grant of Firearms Certificate Provided in part 1 Renewal or Variation Included in the figures for granting of Firearms Certificate. Replacement Not individually recorded – included in the figures for granting of Firearms Certificate. Visitor’s Permit These are speciality licences, granted temporarily, and are included in the figures for granting of Firearms Certificate. Black Powder (dangerous goods) 7 – 2018/2019 17 – 2017/2018 Most are renewals as each certificate has to be applied for independently. s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Isle of Man Constabulary is satisfied that the information amounts to personal data of which you are not the data subject; and • The Isle of Man Constabulary is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Isle of Man Constabulary can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article and in this case, none of those conditions have been met.

s25(b)(iii) While our aim is to provide information whenever possible, in this instance the Isle of Man Constabulary can neither confirm nor deny that it holds the information requested. This is because you have requested third party personal data, which, if it was held and was requested by the data subject, would not be disclosed to them because of an exemption from disclosure under the Implementing Regulations. The release would possibly identify individuals - or would identify items which are confidential i.e. criminal records.

While our aim is to provide information whenever possible, in this instance the information is exempt under section 32(1) of the act as disclosure of this information would be likely to prejudice:

(a) the prevention or detection of crime; (b) the apprehension or prosecution of offenders; (c) the administration of justice; (d) the assessment or collection of a tax or duty or of an imposition of a similar nature; (e) the operation of immigration controls; or (f) the maintenance of security and good order in institutions (within the meaning of the Custody Act 1995) where persons are lawfully detained.

While our aim is to provide information whenever possible, in this instance the information requested is exempt under section 32(2) of the Act as disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes mentioned in subsection (3) or any civil proceedings brought as a result of the exercise of such a function. (3) The purposes are — (a) to ascertain whether a person has failed to comply with the law; (b) to ascertain whether a person is responsible for conduct that is improper; (c) to ascertain whether regulatory action under any enactment is justified; (d) to ascertain a person’s fitness or competence in relation to — (i) the management of bodies corporate; or (ii) any profession or other activity that the person is, or seeks to become, authorised to carry on; (e) to ascertain the cause of an accident; (f) to protect a charity against misconduct or mismanagement (whether by trustees or other persons) in its administration; (g) to protect the property of a charity from loss or mismanagement; (h) to recover the property of a charity; (i) to secure the health, safety and welfare of persons at work; and (j) to protect persons, other than persons at work, against risk to health or safety where that risk arises out of, or in connection with, the actions of persons at work. Or any civil proceedings brought as a result of the exercise of that function. Fear of crime may be realised As section 32 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure Better awareness may reduce crime or lead to more information from the public.

Factors in favour of withholding A fear of crime would be realised. Without the ability to put into context the criminal convictions held on individuals or justifying why each individual has a certain criminal record i.e. that is happened years ago or other factors which feature in the decision making process. That the Constabulary is not able to put into the context of the application the reasons why a certificate is granted under those circumstances. This may also hinder the prevention and detection of crime. This may impact on police resources. More crime may be committed and it may undermine the partnerships the constabulary has.

In taking these factors into account the Isle of Man Constabulary determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 807465 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely