Legal Question

[Home Brew]

Having put my friend’s rifle over the chronograph the other day we were both astounded to see it putting out just over 12 ft/lb (12.54 to be exact). Unfortunately he's going on holiday later this week and so will be unable to drop the rifle off at a gun shop to get it de-tuned .

Not wanting his next holiday to be a five year stint at her Majesties pleasure he was wondering if he was to remove an important part of the rifle (i.e. a part which would make it inoperable) while he went away would this mean the law couldn't give him any trouble.

I know it’s just a little thing but it’s always good to be on the right side of the law.

Ralph

[Murphy]

Why are they going to raid his house in the near future??

[SCW22]

just remove the trigger assembly, as said if its inoperable then its ok.

steve

[Chris St. MH]

You won't get five years for having an air rifle half a pound over.

I'll happily be corrected, but I personally have never heard of anyone being done for having an over the limit air rifle who wasn't already doing something nefarious (poaching or illegally converting). The one example of that I can remember was 25 years ago and that was a bloke who made a cottage industry out of turning out 20-24ft/lb HW80s.

[shootist]

Be wary of dropping it in to your local dealer. Strictly speaking, he will not be able to return it to you, even if it's downgraded, unless you have a firearms certificate. You cannot downgrade an FAC air rifle once it's over.

Removing a component part will not automaitically make it non-FAC either. The act includes component parts. Disassembling it might do the trick. Practically speaking, the police do not have (yet) an illegal firearm detector. Lock it away until you can sort it out yourself.

[sbd]

...not WOULD Chris, but still COULD which in the pantomime of our courts system at present would be more than enough to get me twitchy.

Ralph, you don't say if springer or PCP but removing either the spring or hammer spring would be the best bet.

[bigtone]

[QUOTE=shootist]Be wary of dropping it in to your local dealer. Strictly speaking, he will not be able to return it to you, even if it's downgraded, unless you have a firearms certificate. You cannot downgrade an FAC air rifle once it's over.

. This only applies if it is registered as an fac rifle.

[mike16]

You won't get five years for having an air rifle half a pound over.

I'll happily be corrected, but I personally have never heard of anyone being done for having an over the limit air rifle who wasn't already doing something nefarious (poaching or illegally converting). The one example of that I can remember was 25 years ago and that was a bloke who made a cottage industry out of turning out 20-24ft/lb HW80s.

Chris is right you know, ive heard stories where chaps have been cought with illegal handguns that only got 2-3 years max.
if a case of someone cought with an air gun a few ft/lb over ever even went to the court, the judge would probably laugh his head off.

[Rapidnick]

Be wary of dropping it in to your local dealer. Strictly speaking, he will not be able to return it to you, even if it's downgraded, unless you have a firearms certificate. You cannot downgrade an FAC air rifle once it's over.

Removing a component part will not automaitically make it non-FAC either. The act includes component parts. Disassembling it might do the trick. Practically speaking, the police do not have (yet) an illegal firearm detector. Lock it away until you can sort it out yourself.

Sorry Shootist I think you are being unnecessarily pedantic here! Taking a marginally over powered air rifle which is NOT 'on ticket' in to an RFD should NOT result in confiscation. Bear in mind that as this rifle is not currently 'on ticket' it cannot be taken 'off ticket'. On discovering that an air rifle is over powered the owner has a choice: either put it 'on ticket'-clearly absurd in this case-OR reduce the power to below 12 ft lb and enjoy using it. If our young fellow member is concerned then he should get his father (as he himself is under age) to contact the RFD and put the position to him 'hypothetically' along the lines of 'if an air rifle is found to be marginally over powered, what should the owner do' and take it from there.
Also the point you make about 'once FAC, always FAC' is open to debate. There are many threads covering this subject and I have yet to find a definitive answer. I am very interested in this topic as I personally have had an air rifle converted back to legal limit by an RFD. My Police authority in full possession of the facts were perfectly content to remove it from my ticket. I know that other authorities read the law differently so it depends where your FAC was issued.
After all that, my advice is however the same as yours! 'Lock it up and sort it out in due course'!

[huntsman]

We seem to have lost the meaning of the question here.

What type of rifle is it?

If either the mainspring of a springer or main hammerspring of a pcp is removed then I think it would be difficult to distinguish it from any other rifle of similar make. I am sure if the make and model is published one of us could answer his original question accurately

Although if it´s a pcp I would think de tuning is easier than removing any of the major components.

The attitude that unless one has been misbehaving, and is expecting a visit from plod because of that, then the worry should not be there!

If on the other hand they have been misbehaving

[SCW22]

Once bought a bsa lightning in " not working order ".

The trigger had been messed with so the gun wouldn't cock.

Working in brum it dropped it off at BSA to put right, got a call from the MD of BSA saying i had dropped in a firearm Turns out it was a 22 rifle with a 177 gas strut in it MD made quite a point of saying i would bet 5 years and he would report it to the police.

In the end it was determined that BSA had fixed it and turned it into a firearm not me as i took them a gun that could not operate.

We agreed in the end that they would put it back to a basic spec and do away with the Gas strut.

Just shows youv'e got to be very careful.

ATB Steve

[simmmo]

Chris is right you know, ive heard stories where chaps have been cought with illegal handguns that only got 2-3 years max.
if a case of someone cought with an air gun a few ft/lb over ever even went to the court, the judge would probably laugh his head off.

Possession of an illegal handgun (this is actually a prohibited weapon as illegal handguns no longer exist) is a mandatory 5yr prison sentence unless there are especially extenuating circumstances and in the current climate no Judge will give this ruling unless it is something unbelievably extenuating. Having been to court quiet alot few judges laugh exept at their own jokes and I personally like to make sure all my rifles are within the limit. Over the limit is after all over the limit and it is down to you the person in possession to make sure you are legal. If you are found with a rifle that breaks the law and end up going to court you will be found guilty and regardless of the sentence handed down you will become a prohibited person in respect of possessing firearms and this includes airguns that are not covered by certification. Depending on the length of your sentence you will be so classed for the next five years or life and subject to further arrest if found in possession of any such weapon. Protect what we have got left keep legal know what the rifles you have got are doing power wise and don't believe it won't be you that the rossers stop and test. Don't forget also all you precharged boys that they don't know how to test them ie: for you boys without regulators what part of the fill to test them at or what pellet to use if you are using a medium weight pellet right on the limit who is to say they won't use a heavy pellet to test it. If your really lucky the lab might not be able to fill the cylinder back up if they haven't the right adapter but do you feel that lucky.
Shoot safe keep legal.

Andy.

[SNAKEBITE]

If you can fix it yourself do so, if it needs dropping into a dealer then do so. My understanding of the law is that you can bring in a rifle that is over the limit but the dealer cannot return it to you until it has been adjusted down to the legal limit (or below).

Hooray for common sense.

[Rapidnick]

If you can fix it yourself do so, if it needs dropping into a dealer then do so. My understanding of the law is that you can bring in a rifle that is over the limit but the dealer cannot return it to you until it has been adjusted down to the legal limit (or below).

Hooray for common sense.

Absolutely 100% right!