Jump to content

illegal as standard


ballzy1978
 Share

Recommended Posts

What people fail to realise is that the Forensic Science Service Laboratories no longer exist, it is all done by private companies, who may well have negotiated a contract that includes a bonus for successful prosecutions, because your gun can be sent over by using a heavier and correctly sized pellet, don't you think they will? If they can get it over by a little bit of tinkering is the temptation not there? That is why I carry a chrono on me, so I can prove to any police officer that my gun is legal at time of inspection (Combros don't ya just love 'em?)! If you can prove it is legal, they have less reason to take it!

Well I use a pellet which has the average pellet weight on the label and I could offer him a selection to take to the permission holders kitchen to test, he counts 100 pellets out, weighs them, comes out with the fact my pellets weigh what they should (he can check calibration with a known weight, such as a bag of sugar), no problem!

 

I'm not suggesting you should not carry a chrono, but it proves nothing really.

Even assuming plod is happy that your chrono is accurate (i.e not tweaked to make your 50 ft lb rifle appear to be 10 ft lb...), and if they have some understanding of the law and checking it, it still does not mean that the testing lab could not legally alter it when it's in their hands.

The only thing it might do is show plod that it's not drastically over - if you demonstrate it doing 10 ft lb's, they might be satisfied that it's not a 'very powerful weapon' and therefore move on if they're not that interested in it, but is proves nothing.

Link to comment
Share on other sites

  • Replies 106
  • Created
  • Last Reply

Top Posters In This Topic

Lets assume for a moment that for some very innocent reason the police did end up checking your gun and found it to be a bit over.

Chances are they wouldn’t prosecute. They would have to keep the gun from you though.

They ALWAYS prosecute for a firearms offence, and always take your guns.They can check your guns any time they wish without notice or warning.

 

No doubt the FEO would be involved at some point.

No the C.P.S.will bring ALL relevant charges to bear.The F.E.O. has no part to play in this case once it has been established that an offence has been committed.

In such situations I think it would just make sense to chat to the FEO and see about getting a licence and getting the now restricted gun on that licence so you can take it out the stores.

Retrospective licences are NEVER granted ,in this case once you have been charged and convicted you will probably lose your S.G.C. as well as the air gun,F.A.C. certificates are much harder to obtain then a S.G.C. certificate.

 

I see no reason why a law abiding decent person can’t get a licence for an air rifle

Once convicted you are no longer a law abiding citizen,you do not require a licence for a sub 12ft/lbs rifle, an F.A.C. certificate has many conditions, restrictions and requirements including land clearance,mentoring etc

Alternatively, I’m sure the local FEO will know some people at a local gunshop and might be able to help you find a way to part-ex the illegal gun against a legal one without any major out of pocket expenses.

No chance what so ever ,the R.F.D. would lose his licence and render himself liable to prosecution for not immediatley confiscating an over the limit gun from a non F.A.C. holder

I guess it depends on the local FEO.

No its a clear cut prosecutable offence and has nothing to do with the F.E.O.

If you were being a little sod with the air rifle though, and they took it for testing because you were ‘allegedly’ shooting the neighbours gnomes or taking pot shots at songbirds then they might decide to not be helpful regardless of the outcome of the case.

You would be prosecuted wether or not its you or some little sod taking pot shots,the law does not discriminate between offenders.

If there’s a lack of evidence on the other charges they might even try and get you on the powerful airgun charge too.

They will charge you with ANY offence that has sufficient evidence / witnesses and a high chance of securing a conviction.

Edited by Jega
Link to comment
Share on other sites

Jesus, some of you lot are really thick. What 'mole is saying is when the plod take your rifle in, they can use ANY projectile to test with. ie- if your rifle is legal with a 14gr pellet, they can test it with any other projectile that fits in your barrel. If this then takes it over legal, you're in trouble. Holy carp, does that not make any sense to some of you? ??? THE POLICE CAN PUT ANY PROJECTILE IN YOUR BARREL. IF IT THEN TAKES IT OVER LEGAL YOU ARE DONE. A pcp will typically give you higher ftlb with a heavier projectile. That's because a heavier projectile creates more back pressure, thus leaving the valve open a little longer, thus emitting more air, thus increasing output pressure/volume, thus potentially giving more ftlb.

Lumpy, your view is not only over simplistic, it shows you have very little knowledge or experience with basic ballistics and air rifle physics. That goes for the rest of you numptys....

Blimey...... :no:

 

Hahahahahahahahaha

 

'Any'

 

Hahahahahahahaha...... hang on... hahahahahahaha.....!

Link to comment
Share on other sites

In my experience there are 2 types of police officer, one that lives for the police and one that polices to live. There are still officers out there who have common sense and have actually lived in the countryside and I guess it's luck as to which type you bump into.

 

The problem is that for all it's stupidities the law is black and white, over 12ft/lbs muzzle energy requires an FAC and under is unlicenced.

 

If you can afford to buy an air rifle then you can afford the extra £39 to buy yourself a Combro

Link to comment
Share on other sites

Right to put this to bed once and for all,

 

1 Requirement of firearm certificate..

 

(1)Subject to any exemption under this Act, it is an offence for a person— .

(a)to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

 

(b)an air weapon (that is to say, an air rifle, air gun or air pistol [F2which does not fall within section 5(1) and which is] not of a type declared by rules made by the Secretary of State under section 53 of this Act to be specially dangerous).

 

and

 

The Firearms (Dangerous Air Weapons) Rules 1969

 

Made

13th January 1969

 

Coming into Operation

1st May 1969

 

In pursuance of sections 1(3) and 53 of the Firearms Act 1968, I hereby make the following Rules:— .

1.—(1) These Rules may be cited as the Firearms (Dangerous Air Weapons) Rules 1969.

(2) These Rules shall not extend to Scotland.

(3) The Interpretation Act 1889 applies for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.

(4) These Rules shall come into operation on 1st May 1969.

2.—(1) Subject to paragraph (2) below, Rule 3 of these Rules applies to an air weapon (that is to say, an air rifle, air gun or air pistol) capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess, in the case of an air pistol, of 6 ft. lb. or, in the case of an air weapon other than an air pistol, of 12 ft. lb. (2) Rule 3 of these Rules does not apply to a weapon designed for use only when submerged in water.

3. An air weapon to which this Rule applies is hereby declared to be specially dangerous.

 

You will note the highlighting of the word 'capable'

 

But, first, if you possess a firearm that is not specifically exempt from the rules, then you need a certificate.

If you possess a S.1 firearm without a certificate, or an exemption, you commit a criminal offence. There is no defence. There are circumstances where the police and CPS may decide to take no action, but the offence is committed.

 

Now, examine the text around the highlighted word 'capable', above.

 

Nowhere does it specify the type of pellet used. Nowhere does it specify that it must be in the state in which it was found. Nowhere does it specify any type of test that must be carried out. Most importantly, it does not specify any relevance to what the airgun is shooting at the time. Just 'capable' nothing else. So, who decides what that means? Answer, and a very easy one, the court hearing the case decides. Not the police. Not the CPS. Not any trade organisation. Not any magazine writer. And not you (whoever you are). It's the court. And how does the court decide? It listens to the facts presented, and facts they will be, and make up their mind in accordance with the law, which is quite simple. All the essentials are in the two quotes above.

 

If the police decide to take a case, they have to prove the following beyond reasonable doubt.

 

1. That you had possession of the gun. You are in Blackpool sunning yourself. The gun is in a cabinet in your home in Norwich. You are in possession of the gun.

 

2. That the gun is capable of exceeding the permitted muzzle energy.

 

3. That you have no exemption or certificate.

 

Do those three and you're goose is cooked.

 

Also worth bearing in mind is the fact that few if any police forces have their own forensic support services any more ,they have pretty much all been out sourced to the private sector who's sole interest is profit related successful prosecutions .

Edited by Jega
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...