The Crown Prosecution Service reached its decision in the case of a Derbyshire farmer who shot a suspected burglar dead in his own home, the most widely read rural story of the summer. Dealers can expect to be asked, politely and repeatedly, what it changes about what a customer may hold and why.

What did the Crown Prosecution Service decide?

Prosecutors confirmed there will be no criminal charges against Rob Lomas, a farmer in his 50s, over a night-time break-in at his farm on Eccles Road, Whaley Bridge, in the Peak District. Derbyshire Police were called at about 1.20am on 1 May 2024. Mr Lomas confronted intruders inside his home and fired a legally held firearm. Marcus Smith, 19, of Chapel-en-le-Frith, died of gunshot wounds and a second man was seriously injured. Mr Lomas was arrested on suspicion of murder and attempted murder, and remained on bail for more than two years before the decision came.

What did prosecutors say about reasonable force?

Janine McKinney, chief crown prosecutor for the Crown Prosecution Service East Midlands, said the decision was taken “in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself”. The service said the law allows individuals to use reasonable force to defend themselves, other people and their property if threatened with violence. What is reasonable turns on the facts of each case, which is why prosecutors weighed all the evidence before reaching a view.

Does the decision change firearms law?

It does not. The case turned on the general law of self-defence, which governs every householder in England and Wales and has nothing to do with the Firearms Acts. No certificate condition, security requirement or licensing test has moved because of it, and for a business that has to explain the law across a counter that is the useful sentence to have ready.

What will customers ask at the counter?

The question will be some version of whether a gun can now be held for protection at home. The answer has not changed: self-defence is not a good reason to possess a firearm in Great Britain, and Home Office guidance is clear that personal protection does not justify the grant of a certificate. The shotgun certificate differs in form, with the police having to show that an applicant has no good reason to possess one rather than the applicant proving that they have, but personal protection is no better an answer there. A customer who offers it to a firearms enquiry officer is inviting a problem rather than solving one, and it is worth saying so plainly and early.

Where does this leave the compliance position?

Exactly where it was. A transfer remains lawful only against a valid certificate with the room on it, entered in the register in the usual way, and the purpose a customer states does not change what the paperwork permits. Dealers who take deposits or hold guns pending a variation will recognise the risk: a customer whose stated reason is protection is a customer whose variation is unlikely to be granted, and the conversation is cheaper before the order than after it.

What does it mean for the security side of the trade?

Rural crime is the wider context and it is sharpening. New powers under the Crime and Policing Act are now in force, and the Home Office told MPs on 13 July that its policing reforms are backed by more than £800,000 of funding for the specialist national rural and wildlife crime units. Cabinets, safes, alarms, lighting, marking and tracking are the products this story sends people towards, so the retail conversation that follows is a security one, not a firearms one, and it serves the customer twice over: the security that protects a farm protects the certificate conditions attached to the guns inside it.

What happens next?

Three men are due to face court proceedings over the burglary at the farm and an alleged burglary at the same property the previous night. Those cases are live and no further detail has been released, so the trade should expect no fresh guidance from this case for some time. The decision itself is final: prosecutors have closed the file.

Useful links

Crown Prosecution Service – the prosecuting authority whose decision ended the investigation

Home Office – the firearms licensing guidance police apply, including the good reason test

Farmers Weekly – the farming press report of the decision

ShootingUK – the full telling of the Crown Prosecution Service decision and what it means for certificate holders

Frequently asked questions

Can a customer be sold a gun for home protection in Great Britain?

No. Self-defence is not accepted as a good reason to possess a firearm, and personal protection does not justify the grant of a certificate. A transfer remains lawful only against a valid certificate with room on it.

Does the Crown Prosecution Service decision change firearms licensing?

No. The case turned on the general law of reasonable force, which applies to every householder. No certificate condition, security requirement or licensing test has changed.

What should a dealer say when asked about the case?

That the law permits reasonable force against an intruder, that this is general law rather than firearms law, and that stating personal protection as a reason on an application or to a firearms enquiry officer will count against the customer.

Related articles

Farmer who shot burglar with legally held gun cleared – the full ShootingUK telling of the decision and the investigation behind it

Firearms licensing delays revealed by Home Office data – where certificate processing stands ahead of the season

BSSC guidance explains the new sound moderator rules – the other licensing change certificate holders have had to absorb this year