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LBR/LBP and "looking at it"?

Posted: Sat Feb 06, 2016 10:11 pm
by Sim G
Right, just for curiosity when I should be doing other stuff....

LBR/LBP, Long Range Pistols and s1 Shotguns. We're aware that exemptions to needing a FAC to be in possession of a firearm, do not extend under the virtues of s15 FAA 1988, with regards to Home Office Approved Clubs, but what is the situation if someone wishes to "look at one" prior to purchase? Possession of firearms offences are strict liability so a "sorry, didn't know" won't cut it.

Now I was always of the opinion that s3(3) would cover that aspect. Being in possession of a valid FAC would give you the authority to "test" a gun as you can "acquire and possess", but after the "test" decide you don't wish to buy it, so hand it back to the vendor. Who would see a £1500 Benelli s1 12 gauge on the dealers shelf, hand over the money and have it put on their ticket before at least hefting it to their shoulder and checking out the controls?

How does it work for RFDs in regards to any s1 or s2 gun that a customer looks at? Am I missing something? I don't think I've ever been asked by an RFD to see either of my tickets prior to showing me something off their shelf....
3(3)It is an offence for a person to undertake the repair, test or proof of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, for any other person in the United Kingdom other than a registered firearms dealer as such, unless that other produces or causes to be produced a firearm certificate authorising him to have possession of the firearm or ammunition or, as the case may be, his shot gun certificate, or shows that he is by virtue of this Act entitled to have possession of it without holding a certificate.

Re: LBR/LBP and "looking at it"?

Posted: Sat Feb 06, 2016 10:46 pm
by saddler
Like Section 5
.....no appropriate licence, no touchy....

Re: LBR/LBP and "looking at it"?

Posted: Sat Feb 06, 2016 11:46 pm
by Sim G
By appropriate license do you mean a valid FAC with an open variation for that category of firearm? A valid FAC with that exact firearm entered on to it before you can even touch it? Or just a valid FAC?

And there are a number of exemptions to s5....

Re: LBR/LBP and "looking at it"?

Posted: Sat Feb 06, 2016 11:58 pm
by saddler
FAC with open slot for same cal./type as being handled. Not shot, handled. ...

Not willing to risk it....even though I've not heard of any prosecution for this offence, no desire to be the first one!
So, erring on the side of caution. ...

The Westlake Club Carbine LBP was/is a good way around this mess of legislation.

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 12:29 am
by Sim G
So 3(3) of the 1968 Act applies?

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 10:43 am
by toffe wrapper
AFAIK
You cannot fire them but you can touch and look at them. If the owner is present they are in possession of it not you.
But your FEO is best placed to confirm.

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 11:14 am
by Sim G
No, unfortunately neither my FEO or the dept manager could confirm or deny..... They were even unaware of the exemptions under the FAA 1988.

And on the subject of such, saddlers FEO told him that they didn't comply with the Home Office Guidance because one aspect was a mistake and it will be taken out of the guidance when it's re-written!

The civilianising of the police was a great idea! 8-) :squirrel:

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 1:24 pm
by Sim G
No, s3 has nothing to do with it.

So, the question is, what legislation allows someone to have in their possession a LBR, long range pistol or s1 shotgun, whilst either examining or testing it prior to purchase...?

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 2:31 pm
by safetyfirst
I've always been told you can't even touch them. Sigh.

Re: LBR/LBP and "looking at it"?

Posted: Sun Feb 07, 2016 4:50 pm
by IsleShoot
My understanding of this was if you had a slot for an LBP/LBR on your ticket you could handle & shoot one as long as the owner was present.

Not to muddy the waters further but those clubs that have successfully won court battles to allow them to aquire & possess LBP's as club guns surely cast enough doubt on the current situation such that the HO guidance is mute?

That said I can completely understand why folk steer clear as its a horribly grey area and who wants to be the sap who is used as the test case, with the dynamic disciplines once again becoming ever more popular its never been more important for this question to be resolved.

I wonder if the Law Commission's codification project will help settle this one way or another?