Interesting approach to new Crime reduction bill

[ANDYLASER]

OK. I sincerely hope I'm not being thick here - if I am feel free to let me know but I've never questioned how air guns are catagorised. My point was this:

You cannot sell and air gun unless you are a registered firearms dealer.

Correct for sale of NEW guns. Second hand trades are still allowed. Also sales of new guns from abroad is allowed, (including mail order).


There is no mention of second hand sales / private sales in the legislation so is it safe to assume it's legal?

Yes


I did question whether an air gun could be classed as a replica firearm - this may only be settled in a test case. We all know air guns are covered by firearms legislation but in a case where someone has used for example a CP99 to hold up a post office, would they face charges including 'replica firearm' offences?

If you held up a post office or committed any "violent" type crime. Yoy would be dealt with as if you had a REAL firearm.

My thinking is like this - a shovel is a normal everyday tool. Take it out of the shed and run through the High St. whacking people with it and it becomes and offensive weapon. So, could the circumstance alter whether a CP99 is seen as a air gun or replica firearm? (as it could be accuratly described as either as it is a near exact copy of the C99) Is part of the definition of a replica firearm the fact that it is not capable of fireing a projectile? If so then that would settle it.

Again, I'm no expert but if I'm to get my reading of this act right then it will need to be from a verifiable source rather than a general opinion.

There are many threads about this on AirgunBBS I have been doing my homework there.

[wanderingblade]

OK. We'll go with that, good enough for me.

I'd personally like to see the second hand sales issue covered officially but if the general view is that it is ok then that's cool.

Does this mean all of the stores who were selling air guns can, as previously mentioned, stick a few pellets through all of the guns in stock, knock a quid off the price and sell them (legitimately) as second hand and continue trading pretty much as before?

Anyway, thanks for all of your time helping get this straight!

[Martyn]

OK. We'll go with that, good enough for me.

I'd personally like to see the second hand sales issue covered officially but if the general view is that it is ok then that's cool.

Does this mean all of the stores who were selling air guns can, as previously mentioned, stick a few pellets through all of the guns in stock, knock a quid off the price and sell them (legitimately) as second hand and continue trading pretty much as before?

Anyway, thanks for all of your time helping get this straight!

No, cos they are traders/dealers. A private sale, is by definition "secondhand". Individual, private sales are allowed. Traders and dealers cannot trade via the internet, regardless of whether their stock is new or used. The legislation is targetted at people who sell "by way of trade or business", not individuals selling their own private property.

A “trader” is any person who trades in the course of business, with the intention of making a profit.

[wanderingblade]

That was means more tounge in cheek - I was reminded of the car dealers who advertise in the local papers and meet buyers in Lay-by's pretending to conduct a private sale.

[Danzo]

Lots of good stuff in this thread so I'm going to copy it to the Law Library as a useful resource.

Danzo