Court reopened challenge to FLA’s seizure power under former Act

Duwayne Reid was allowed to pursue judicial review of the Firearm Licensing Authority’s retention of his firearm after the Court of Appeal reversed a permission refusal on 27 February. The judgment concerned the former Firearms Act, not the replacement legislation enacted in 2022.

The dispute began during a licence-renewal visit. The FLA relied on its investigative functions to justify retaining the weapon. The appeal court found an arguable question about whether those functions carried a power to seize a firearm during an investigation, considering the express powers given elsewhere in the former statute.

The court also rejected the finding that Reid had failed to act promptly. The evidence did not establish clearly when the relevant seizure decision had been made or communicated. The judgment nevertheless reaffirmed that applying within three months does not, by itself, satisfy the separate requirement of promptness.

Leave was granted subject to filing the judicial-review claim within the period specified in the order. The result opened the way to a substantive hearing; it did not finally invalidate the seizure or decide the present FLA’s powers under the newer Act.

Permission stage under the repealed 1967 Firearms Act. The judgment expressly says the 2022 replacement provisions are irrelevant to this appeal. Neither a final illegality ruling nor a statement of current seizure powers is reported.