Posting airguns from England to Scotland.

[robs5230]

Just thought I'd check.
I need to post an airgun to a scottish license holder.
Is there anything I need to be doing other than normal pf48 ?

Thanks in advance

[fozzy45]

I would imagine to check the licence they have is official.
Being an FAC holder myself I wouldn't be able to just send a rifle to the buyer. It has to go via an RFD both ways. Maybe this is also the case sending an air rifle to Scotland.
Fozzy

[bighit]

not too sure you could read the guidelines

http://airweapon.scot/images/uploads...April_2017.pdf

12. AIR WEAPONS TRANSACTIONS
Sections 24 and 25 of the 2015 Act set out various restrictions on transactions
involving air weapons in Scotland.
The Scottish Government has, as far as possible, sought to avoid imposing any
significant new burdens on registered firearms dealers (RFDs) and others involved in
the manufacture, sale, transfer, repair or test of air weapons by way of trade or
business.
Section 24(1) of the 2015 Act makes it clear that people involved in such
transactions, by way of trade or business, must be an RFD. Under paragraph 2 of
schedule 1 to the 2015 Act, RFDs and their employees are exempt from the general
requirement to hold an air weapon certificate (AWC), whilst carrying on the business
of the dealership. Existing law around RFDs, and the requirements on them
regarding matters such as storage and security, etc are well established and already
cover air weapons in many respects.
Sales and transfers of air weapons are regulated by section 24(2) of the 2015 Act.
This requires the person selling or transferring the air weapon – whether they are an
RFD or a private seller – to satisfy themselves that the person purchasing or
acquiring the air weapon is entitled to do so, either because they are an RFD, hold
an AWC or are otherwise exempt from the requirement to hold an AWC. Similar
requirements are in place for people manufacturing, repairing or testing an air
weapon for another person, under section 24(3) of the 2015 Act.
Section 24(2)(c) of the 2015 Act specifically allows an RFD to sell an air weapon to
someone without requiring to see an AWC or evidence that an exemption applies,
provided that the air weapon in question will be sent out of Great Britain, or to an
RFD in England or Wales, without first coming into the possession of the purchaser.
Where the purchaser is an individual (as opposed to, for example, a corporate body)
the individual must be aged 18 or over for this provision to apply. For example, an
overseas visitor to Scotland who does not hold a visitor permit allowing purchase
might have an RFD export an air weapon directly to their home country.
Section 25 of the 2015 Act requires that commercial sales of air weapons are carried
out face-to-face – this mirrors the requirements of section 32 of the Violent Crime
Reduction Act 2006. This applies to all sales by way of trade or business, except
those between two RFDs, and to those where the sale is concluded outside Great
Britain (for example mail order sales). This provides a reasonable level of control
over commercial transactions, by ensuring that there are checks at the point of sale
or transfer that the individual buyer holds a valid AWC or is otherwise entitled to
purchase an air weapon without holding one.
28
Pawning
Pawning of air weapons is not directly regulated by the 2015 Act. However, The Air
Weapons and Licensing (Scotland) Act 2015 (Consequential Provisions) Order 2017
was passed by the UK Parliament in March 2017. The Order amended section 3 of
the Firearms Act 1968 by adding sections 3(7) and 3(8), which make it an offence for
a pawnbroker in Scotland to take an air weapon in pawn. This puts air weapons
onto the same footing as firearms and shotguns under section 3(6) of the 1968 Act.
In practice, pawnbrokers should not have been taking air weapons in pawn since the
Violent Crime Reduction Act 2006 introduced changes to the 1968 Act. Those
earlier changes made it an offence for anyone other than an RFD to sell or transfer
an air weapon by way of trade or business.


Not much in there ,Seems to be RFD based sales.

Some more info http://www.legislation.gov.uk/asp/20...ercial-matters

[angrybear]

I would say that you don't need to do anything other than post it.

In England it's not a restricted item & I really don't see why you should be expected to know the law of another country.

[bighit]

I would say that you don't need to do anything other than post it.

In England it's not a restricted item & I really don't see why you should be expected to know the law of another country.

Knowing this lot up here, You could be done for importing a firearm without a license

[angrybear]

Knowing this lot up here, You could be done for importing a firearm without a license

But the seller/sender is in England so how can a Scottish law apply to him ?

It's the buyer who would be breaking the law if he doesn't have a licence.

[bighit]

But the seller/sender is in England so how can a Scottish law apply to him ?

It's the buyer who would be breaking the law if he doesn't have a licence.

Yes. They would be even if they have the authority to possess airguns on their FAC or SGC ( you can't buy a rifle ,component parts or a moderator unless you have a license ).

And I was Joking about being done for exporting hence the smiley.


I would contact the Airgun license people and ask AirWeaponandLicensingProject@scotland.pnn.police.u k

And if they do reply please post the reply on here so others will know in the future.

[robs5230]

The receiver of the airgun in Scotland has a valid airgun license.
He won't be breaking the law as he is able to own them and parcelforce are a carrier by which the goods will be sent within their terms so all looks good

[Aimstraight]

not too sure you could read the guidelines

http://airweapon.scot/images/uploads...April_2017.pdf

12. AIR WEAPONS TRANSACTIONS
.....Sales and transfers of air weapons are regulated by section 24(2) of the 2015 Act.
This requires the person selling or transferring the air weapon – whether they are an
RFD or a private seller – to satisfy themselves that the person purchasing or
acquiring the air weapon is entitled to do so, either because they are an RFD, hold
an AWC or are otherwise exempt from the requirement to hold an AWC. ......

Is the OPs question addressed by the above statement?

[gingernut]

Scottish Law applies to airguns in Scotland not Devon.

[robs5230]

Scottish Law applies to airguns in Scotland not Devon.

Hi Patrick. Have I got the wrong end of the stick thinking its ok to post to the receiver if he has a valid airgun license ?

[hammy]

This came up when the license came out.
A person in the rest of the UK or elsewhere is under no obligation to check anything as it's Scottish law not UK law or Firearms law.
It is the person who receives it who has to abide by Scottish law.
I can even order stuff direct from Europe like the rest of the UK.
The law is full of holes and grey areas like this, there's been no case law yet to see whats what.

However best practice would say it would be best to see a copy of their AWC.

[Aimstraight]

I'm glad the OP asked the question, as it had crossed my mind.

So officially, no need to ask for confirmation/copy of a licence.

Because we are aware of the law in Scotland, some might want to adopt the suggested best practice and ask for confirmation that the buyer holds a licence or quite simply that they are eligible to purchase (in a similar manner to asking a buyer in England/Wales to confirm they are over 18 and not prohibited). I guess it is up to each seller to do as they feel fit. Presumably folk selling on G* and eG do not worry about the buyers eligibility.

[angrybear]

Hi Patrick. Have I got the wrong end of the stick thinking its ok to post to the receiver if he has a valid airgun license ?

Yes it's OK for you to post it.

[gingernut]

Hi Patrick. Have I got the wrong end of the stick thinking its ok to post to the receiver if he has a valid airgun license ?

No you are right.

The Scots law applies to " Air Weapons in Scotland"

Much though they would like to make laws for England, they can't.

Asking to see his Licence is just common sense but actually not your problem.