maxie Posted October 20, 2011 Report Share Posted October 20, 2011 Can court baliffs legally remove shotguns or firearms? Quote Link to comment Share on other sites More sharing options...
NickP Posted October 20, 2011 Report Share Posted October 20, 2011 i would have thought they can only seize what they can see, so if they are in a safe they will not know what they are seizing and also if the safe is empty or not. Not your answer but another spin on it. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted October 20, 2011 Report Share Posted October 20, 2011 PM Welsh1. Quote Link to comment Share on other sites More sharing options...
NickP Posted October 20, 2011 Report Share Posted October 20, 2011 or this answer is yes as its an assett Shooting legal expertDAVID FROST Insofar as your guns are a personal asset - they can be seized by a debt collector but seizure of assets can only be enforced by court order. Bailiffs have no exemption under the Firearms Act and must be in possession of a section 7 permit or a shotgun certificate or be an RFD if they want to seize guns. In practice this makes seizure of firearms difficult to enforce. You would be in breach of the law if you handed the guns over to anyone who did not show you a valid permit or certificate or who could not show he was exempt from having one. Whether you can keep guns in rented premises or not depends on the terms of the tenancy agreement. There is nothing in law which automatically excludes keeping guns in rented property. Some local authorities have sought to ban their tenants from keeping firearms but I’ve not heard of any private landlords who do (cue – lots of mail!). You don’t need to tell the landlord you have guns but it would be wise to ask to see the draft tenancy agreement before you decide on a home. If you need to fix a gun cabinet to the wall it is your responsibility to make good the holes when you move out. quoted from http://www.shootinguk.co.uk/qa/394189/Could_bailiffs_seize_my_shotguns_and_firearms.html Quote Link to comment Share on other sites More sharing options...
timps Posted October 20, 2011 Report Share Posted October 20, 2011 (edited) They can seize any personal assets so technically yes BUT.... "Bailiffs have no exemption under the Firearms Act and must be in possession of a section 7 permit or a shotgun certificate or be an RFD if they want to seize guns." You would be breaking the law if you handed over your weapons to some one who did not have the required paperwork or showed they did not need one. But if they came with an RFD or someone had the correct paper work then yes they could take them but the chances of that would be very slim..... Edited October 20, 2011 by timps Quote Link to comment Share on other sites More sharing options...
maxie Posted October 20, 2011 Author Report Share Posted October 20, 2011 I suppose you would make sure the safe was empty before they turned up,just to be sure. Quote Link to comment Share on other sites More sharing options...
bi9johnny Posted October 20, 2011 Report Share Posted October 20, 2011 I suppose you would make sure the safe was empty before they turned up,just to be sure. correct dont forget you can lend them to someone for a short period legally :blink: Quote Link to comment Share on other sites More sharing options...
Billy. Posted October 20, 2011 Report Share Posted October 20, 2011 Just make sure you don't point the bailiffs to the law on your Laptop, or they'll be off with that Quote Link to comment Share on other sites More sharing options...
yankeedoodlepigeon Posted October 20, 2011 Report Share Posted October 20, 2011 Just make sure you don't point the bailiffs to the law on your Laptop, or they'll be off with that Good point Quote Link to comment Share on other sites More sharing options...
mudpatten Posted October 20, 2011 Report Share Posted October 20, 2011 Many firms of bailiffs employ staff who have the appropriate firearms licenses,or employ someone as a "consultant" who does. It`s the same with anything else that requires a licence such as hgv`s of all different categories. If they have court approval to seize it, and they`re a switched on firm,after all it`s how they make their living,they`ll have it away. They can`t take what is`nt there. Quote Link to comment Share on other sites More sharing options...
silpig5 Posted October 20, 2011 Report Share Posted October 20, 2011 bailifs have to follow rules , they only take that what is on a previosly agreed list . it is not all done in one visit . they need to be asked in on the first visit . they cannot force entry unless under extreme circumstances . and the main thing is they do listen and will make a sensible deal when all else fails , gift your guns to a mate and say you owed him cash ! Quote Link to comment Share on other sites More sharing options...
silpig5 Posted October 20, 2011 Report Share Posted October 20, 2011 saying all that made me think , it was twenty years ago when i used to hand over a bunch of flowers to the person and say " oh theres a note with these , " pause ...... " thank you , you have now been served ,can i have the car keys please " bad i know , but it payed the bills . Quote Link to comment Share on other sites More sharing options...
welsh1 Posted October 20, 2011 Report Share Posted October 20, 2011 bailifs have to follow rules , they only take that what is on a previosly agreed list . it is not all done in one visit . they need to be asked in on the first visit . they cannot force entry unless under extreme circumstances . and the main thing is they do listen and will make a sensible deal when all else fails , gift your guns to a mate and say you owed him cash ! Sorry but bailiffs do not have to be invited in,leave your door closed and not locked and they will walk into your house,most bailiffs for your council tax will make an inventory of your goods and make an arrangement,if you default they will then come and remove the goods. Magistrates court bailiffs can force entry when directed by the courts,and High Court Enforcement Officers can break into commercial premises,and also out buildings,so your shed,garage etc. As to the technicalities of removing fire arms,it is very simple,the bailiff seizes them by writing them down or verbally telling the person they are seized,and then calls an rfd who turns up and removes them for the bailiff,no need for exemption certificates,and rfd makes a charge for his services,usually the rfd takes them to an auction house,most of whom are rfd's to sell shotguns and rifles. If a bailiff comes across a gun cabinet,he will ask you to open it,if you refuse he does have a right to force it,most will call a locksmith,and the police so there are witnesses to what is in the cabinet when opened. Or you could be like the person who left 3 rifles in his office when he had popped down the road,and yours truley turned up entered the office and noted 3 rifles and a shotgun stacked in the corner,at least the shot gun was in the slip ,the local police officer gave me two rfd numbers when he turned up,the man in question paid very quickly to get rid of everyone. Over the years when in properties i have found a couple of unregistered shotguns,and a handgun,the hand gun was the males dad who had died,they had never noticed it in the garden shed on a shelf in an oiled rag,it was duly handed to a police officer who took it for disposal,which was the best thing as it looked like it had been used as a hammer,a right dog. It is worth noting that a lot of rifles ar not worth large amounts of money,sometimes the scope is worth more,or the nv unit,and unless the bailiff is into shooting he probably would not know a purdey from a hatsan. The police in the rural areas are fairly relaxed about the mention of removing firearms,but some of the city boys go into hyper panic mode Quote Link to comment Share on other sites More sharing options...
masterzone2 Posted October 21, 2011 Report Share Posted October 21, 2011 There is a catch 22 say for example the firearm is need for your job eg Vet with a .45 pistol for humane dispatch they CANNOT touch this as it comes under tools of the trade. The argument is that with out tools of the trade you cannot do your job to earn money to pay off debts over time and in todays job market you'd be lucky to get a job let alone one you can live on plus pay debts back. But even then I am told by bailiffs they will not touch a firearm under health and safety. Plus if say the gun is on HP and that's being paid off in terms with the contract they take it IT IS THEFT. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted October 22, 2011 Report Share Posted October 22, 2011 There is a catch 22 say for example the firearm is need for your job eg Vet with a .45 pistol for humane dispatch they CANNOT touch this as it comes under tools of the trade. The argument is that with out tools of the trade you cannot do your job to earn money to pay off debts over time and in todays job market you'd be lucky to get a job let alone one you can live on plus pay debts back. But even then I am told by bailiffs they will not touch a firearm under health and safety. Plus if say the gun is on HP and that's being paid off in terms with the contract they take it IT IS THEFT. Tools of the trade is used by a lot of people to try and get out of having their goods removed,but the tool in question must be exclusively used by the person and no other person,your example of a vet would not work,most vets have other means of dispatching animals at their disposal,so you could remove a pistol and leave a bolt gun,also a lot of vets trade as limited companies,as do pest controllers,and the tools of the trade exemption does not apply to ltd companies.Vets can easily carry on their trade without having a hand gun/rifle, it may limit their trade a fraction but it would not stop them being a vet treating animals. “Section 138(3a)(a)(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation” Don't know which bailiffs told you they would not touch firearms under health and safety,none of the people I know would not remove firearms because of health and safety (that's about 30 bailiffs :o ),see my post above about seizing three rifles and a shotgun. You are quite right about hp goods,you must show the finance agreement to the bailiff,if you do and it is valid he will not remove it. What happens when a gun shop cannot pay its debts and a high court writ is issued against it? The bailiffs go and seize the goods,it has been done on numerous occasions, as has the seizure of very expensive shotguns from individuals. Quote Link to comment Share on other sites More sharing options...
masterzone2 Posted October 22, 2011 Report Share Posted October 22, 2011 (edited) valid point but there is a lot on google and direct.gov Interesting is how they must leave the house if there are no adults 18+ present-guess this is common sense. Edited October 22, 2011 by masterzone2 Quote Link to comment Share on other sites More sharing options...
highseas Posted October 22, 2011 Report Share Posted October 22, 2011 There is a catch 22 say for example the firearm is need for your job eg Vet with a .45 pistol for humane dispatch they CANNOT touch this as it comes under tools of the trade. The argument is that with out tools of the trade you cannot do your job to earn money to pay off debts over time and in todays job market you'd be lucky to get a job let alone one you can live on plus pay debts back. But even then I am told by bailiffs they will not touch a firearm under health and safety. Plus if say the gun is on HP and that's being paid off in terms with the contract they take it IT IS THEFT. thats gamekeeprs ok them,, tools of the trade Quote Link to comment Share on other sites More sharing options...
welsh1 Posted October 22, 2011 Report Share Posted October 22, 2011 valid point but there is a lot on google and direct.gov Interesting is how they must leave the house if there are no adults 18+ present-guess this is common sense. Careful what you read on google and even the gov web sites,and be extra careful on advice sites, there are different types of bailiff, each being able to do various things,magistrates breaking into house for arrest,high court breaking into commercial buildings and out buildings,it is a mine field of ancient laws,even the bailiffs have to check the "bible" for various case laws. The no adult present is just common sense, but if there is no one at all home,then a call to the police to attend and then go into the property and seize goods is accepted. ( the police are just there as witnesses) It is surprising what gets seized, our officers recently seized a private jet,and I know of a bailiff that escorted a massive lizard(with owner) to a pet shop where he was sold and the money handed to the bailiff,we have even entered a house to find a full blown cannabis growing operation growing on,the owners were arrested as they returned by the police that were called. Quote Link to comment Share on other sites More sharing options...
Pole Star Posted October 23, 2011 Report Share Posted October 23, 2011 Can court baliffs legally remove shotguns or firearms? If you have problem Maxie for God sake go to citizenz advice & seek their help you will be amazed at the strings they can pull & the time they can buy you . I would not give guns to a baliff unless he could prove he had authority to take them . Citizens advice are there to help & they dont charge for the service . Good luck Quote Link to comment Share on other sites More sharing options...
Mike525steel Posted October 27, 2011 Report Share Posted October 27, 2011 If it's getting that bad that bailiffs are coming to your house you should have sold your guns a long time ago ....... Seems logical to me;-) Quote Link to comment Share on other sites More sharing options...
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