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AGE AND THE LAW


JAT
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Hi all,

 

question for the legal experts.

 

16 year old lad I shoot with has just been granted his first shotgun certificate. No-one else in his house shoots so the police insisted on a cabinet with two keys. One for him to keep and one for his parents.

 

I have an old Baikal shotgun which I would like to give him as a gift. Can I just pass it over, with the approval of his parents, then inform the police of the transaction or am I breaking some law regarding the age of the holder?

 

Thanks for your help.

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The use of the shotgun is regulated...he has to shoot with someone over 21 if he is under 15.

 

A young person cannot buy or hire a shotgun or ammunition until he is 18.

 

 

 

The detail...

http://forums.pigeonwatch.co.uk/forums/index.php?/topic/173038-safe-shooting/

 

Don't think parents should have keys to his cabinet.

Edited by Robin128
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No-one else in his house shoots so the police insisted on a cabinet with two keys. One for him to keep and one for his parents.

 

If his parents don't hold a SGC then they should not have a key to his cabinet, that is giving them access to the guns, which is not allowed. The keys need to be somewhere that ensures the guns cannot be accessed by a non certificate holder.

 

As he is over 15 he can't buy a shotgun (or ammo) until he is 18, however he can be gifted one as you wish to do.

You write the details of the gun on his certificate (make, type, serial no. etc.), and then you both notify the police of the transaction.

Edited by bedwards1966
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Thank you Bedwards1966. Reading info and your reply, I thought that although he can possess he cannot buy and only use when supervised by someone over the age of 21. Just wanted confirmation.

 

So will gift the shotgun and advise the police.

 

As regards the keys, the answer is quite simple. There are two separate locks on the cabinet, which use two separate keys. The lad (who is 16) cannnot open the cabinet without his parents key and they cannot open the cabinet without his. This system has to be observed, as advised by the police, to allow him to hold a certificate.

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Agreed-how can his parents have keys if they are not cert holders?

 

They don't. The original post says that the lad has a key and the parents have a key. Therfore neither the SGC holder or the parents have access without the others consent. The parents are never in possession of the guns so the law isn't being broken.

 

J.

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They don't. The original post says that the lad has a key and the parents have a key. Therfore neither the SGC holder or the parents have access without the others consent. The parents are never in possession of the guns so the law isn't being broken.

 

J.

 

Unless there's only one lock, of course.

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If the parents dont hold an SGC they are not allowed access to any key's to the gun cabinet !

 

Just copied this from the BASC website !

 

Keep your shotgun secured – for preference in a purpose-built gun cabinet – when not in use. Ensure that no-one else has access to the keys – remember it is YOUR responsibility to ensure that unauthorised persons (which includes anyone who hasn’t got a shotgun certificate) do not have access to your guns. :good:

Edited by lumpy
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The Police view - whether right or wrong - only holds good on a cabinet with two locks.

 

If he had or later wanted to get one of the multi-locking point gun safes - their ruling is down the pan.

 

I think it is flawed.

Edited by Gordon R
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If the parents dont hold an SGC they are not allowed access to any key's to the gun cabinet !

 

Just copied this from the BASC website !

 

Keep your shotgun secured – for preference in a purpose-built gun cabinet – when not in use. Ensure that no-one else has access to the keys – remember it is YOUR responsibility to ensure that unauthorised persons (which includes anyone who hasn’t got a shotgun certificate) do not have access to your guns. :good:

 

No. The parents aren't allowed acces to the guns. The piece you quoted says they people aren't allowed access to the 'keys' but that refers to 'keys'in the sense that they could use them to unlock the cabinet. As it goes on to say, it's access to the guns which is the point at issue.

 

J.

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No. The parents aren't allowed acces to the guns. The piece you quoted says they people aren't allowed access to the 'keys' but that refers to 'keys'in the sense that they could use them to unlock the cabinet. As it goes on to say, it's access to the guns which is the point at issue.

 

J.

If his parent's hold one set of key's dosent that indicate joint access ??

 

If the lad cant be trusted with his own key's should he really have a gun ?

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I take it you never read this bit ( Ensure that no-one else has access to the keys) ?

 

You are taking it out of context. The BASC guidance is written is the contect of a cert holder of full age not allowing people access to their guns by allowing ythem access to the 'keys' (ie; the ability to actually unlock the cabinet). We are talking about a different situation here - one of an 'under age' cert holder.

 

There is no breach of law in a non-authorised person having a key to a gun cabinet as long as that person cannot use it to access the guns. The cert holders parents cannot access his guns. The only 'power' they can exercise is that of preventing him accessing his guns. They cannot get to his guns on their own so cannot do anything with them.

 

J.

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Its a practical solution.....

 

Whilst I think the lad should get his father involved in a little clay shooting and encourage him to also get a cert ( and therefore help fund his shooting), surely this is the best solution.

 

A two key, two lock operation provides that little failsafe for the parents and also the lad.

 

thunbs up to the FEO for a solution that brings a youngster into the sport.

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Its a practical solution.....

 

Whilst I think the lad should get his father involved in a little clay shooting and encourage him to also get a cert ( and therefore help fund his shooting), surely this is the best solution.

 

A two key, two lock operation provides that little failsafe for the parents and also the lad.

 

thunbs up to the FEO for a solution that brings a youngster into the sport.

 

Precisely. The lad cannot access the guns and neither can his parents. We slag the cops off a lot but this is actually a very sensible arrangement.

 

J.

 

Posts #7 and 10. We've already been there. Now, where's me tea I'll stir that as well while I'm at it.

 

What on earth are you on about? One of those posts was mine anyway so I fail to see how you are using it to prove me wrong.

 

J.

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