Car boots / Flea markets legality of gun sales.

[edbear2]

I thought I would start a fresh thread after reading Gareth's reply to the Annie 275 question.

I have been told myself (by a police officer......yeah I know) that selling an air gun at a flea market / car boot, no matter what the age (ie. post vcr exempt) is seen / treated the same as an advert in the local rag.....ie. if the seller is a private householder having a garage clearout, and they find dad's Airsporter / Webley pistol or whatever, then it is perfectly O.K. to sell it privately, or take it to a car boot.

He was VERY clear however, that if they see people regularly selling more than one gun (at our local flea anyway) then they will "have words" with them and explain that they really should be an RFD as it appears that the guns are more like a business for them (some folk have gun racks full at Malvern....but the 3 regulars I see all are RFD's)

I don't know the exact law myself, or if it can be interpreted in different ways, but this seems to be fair enough

[whitevanman574]

to be honest mate most of the police do not know the law on this ....


how can they call you a dealer when you could be a collector for years


they could not prove it one way or the other ...


car boot sellers always sell what they want ...

[inproved]

Hi,

I thought that any Pre-War Air Rifle or Pistol, because of it's age is regarded as an Antique or Curio, I think that there is a Home Office List of Air Rifle's and Pistols....Then there are people that have vast collections that have been around for Years I know a guy who inherited a vast collection from his dad several hundred's of Air Gun's..He could sell these as he wishes, and post them without breaking any law..

Regard's

Inproved

[The Ratcatcher]

Totally agree with this. I spend most of my time looking around car boots and see plenty of guns etc. Usually the same house clearance stalls selling pistols, rifles. Always see police but they can't say anything as long as you sell them to people over the legal age and that the rifle/pistols are legal.

to be honest mate most of the police do not know the law on this ....


how can they call you a dealer when you could be a collector for years


they could not prove it one way or the other ...


car boot sellers always sell what they want ...

[gingernut]

If you sell in the course of a trade or business you must be an RFD.
I think most people can see who are traders at a car boot, whether they are selling airguns or not. I expect organisers and the Police use their judgement accordingly.
I do think it is difficult to prove that someone is a trader if they say they are not- especially in a muddy field. But eg if they are selling new stuff or are there every week Police will draw their own conclusion.

[Rickenbacker]

I guess that as long as the selling of airguns is ok with the land owner / organiser of the sale, then as collectors we could buy / sell without issue. Buyers would of course have to be over 18, and leaving the ground with the gun uncased (in a car or not) could be a problem.

However, if a seller was unaware that the organisers had a 'no guns' rule, but had one laid on the table - then omg! - armed tresspass!!?

Just IMHO

Phil

[rick]

Trading Standards would say that if you are regularly selling items you are a trader, the same way that a person who sells cars through the local paper would be classed as a trader and there ads would be marked accordingly.

[gingernut]

I was told by the Tax Office -now HMRC- that you can sell up to 6 cars a year before you are deemed to be a Trader.
I didnt ask about airguns!
This was in connection with a neighbour who was dealing off his drive- and was a kn*b.

[olly321]

i wouldnt take much notice of the police on this issue ,theres a old fella at one of our stalls has always got air guns for sale not the best mind you but hes got them ,and the police see him every week ive never seen him be pulled

[Rickenbacker]

I was told by the Tax Office -now HMRC- that you can sell up to 6 cars a year before you are deemed to be a Trader...

Hrm, I have heard that DVLA automatically inform HMRC if a person registers more than 6 or 7 vehicles in a year. For sure its evidence, but I doubt its proof of being a trader.

As a hobby I collect / restore motorbikes, and have prolly had more than 6 V5s through my hands during some years. I've yet to hear from 'big brother' about it (knock on wood)

Appologies for straying off topic...

ATB
Phil