Firearms Licensing 361/2025

FOI Reference: 361/2025

Request:

1. The number of instances in which holders of a firearm or shotgun certificate have refused to surrender their firearm(s) and/or shotgun(s) when voluntarily requested to do so by your constabulary.
2. In relation to (1), the subsequent action taken by your constabulary in each instance.
3. The number of instances in which your constabulary has had to force entry (either with a warrant or under existing statutory powers) into the dwelling of a firearm or shotgun holder.
4. The number of instances in which your constabulary has had to force entry (either with a warrant or under existing statutory powers) to a dwelling where it was suspected (reasonably or otherwise) that illegal firearms were present.

We would appreciate data covering the longest period for which records are available.

Clarification received:

If possible, the longest period for which you have records, or at least since 2020.

Response:

Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.

I can confirm that the cost of determining whether any information relative to question 1 of this request is or isn’t held is above the amount to which we are legally required to respond therefore we are withholding the whole of the requested information since we consider that the Section 12 (2) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.

Where exemptions are relied upon Section 17 of the Freedom of Information Act 2000 requires Dyfed Powys Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. The following exemption has been applied to the whole of the information you have requested:

Section 12(2) – The cost of compliance exceeds the Appropriate Limit

Section 12(2) states: “…Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.”

The cost of determining what information is held, if any, relevant to question 1 of your request  is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum of  hours) to comply with your request. The regulations can be located at https://www.legislation.gov.uk/uksi/2004/3244

The Freedom of Information Department has been advised that the information in respect of question 1 of your request is not held in an easily retrievable format. Therefore, in order to establish what information, if any, is held in relation to the request would require the individual interrogation of all relevant files in the Firearms licencing department to ascertain a response in respect of question 1 of your request. It has been established that on average for a single year there are approximately 500 files that would need to be reviewed. It has been estimated that it would take an average of 20 minutes to research a single file for relevance to question 1 of your request as outlined above equating to 166.67 hours for a single year. The following broken down time estimate has been outlined for the years 2020 – 2024.

2020 – 2024 = 2,500 files at 20 mins per file = 833.33 hours

In addition to the above, to provide a response in respect of questions 3 and 4 would also exceed the 18 hour time limit equating to 41.25 hours. There are total of 805 logs that would need to be reviewed at 3 mins per log in order to ascertain a response for the period covering 2020 – 2024.

Total time taken to answer request = 874.58 hours (833.33 + 41.25)

Please note: A response to question 2 of your request can only identified once a response to question 1 of the request has been ascertained.

In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the WHOLE of this request under Section 17(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.

You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, however with due regard to the time estimate provided above it is unlikely that refining your request will fall under the 18 hours as the same method and format will have to be undertaken. Should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit.

Please also be advised that should the request be refined, it does not remove the Force’s right to cite exemptions if relevant.                                  

(This is a response under the Freedom of Information Act 2000 and disclosed on 08/04/2025)