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Mike W Grant
Location: UK, Exiled Scot in England Joined: 06 Feb 2011
Posts: 48
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Posted: Wed 23 Feb, 2011 5:37 am Post subject: UK Gun Law & Antique Replicas |
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Hi All
Can anyone advise on UK law and non-firing antique replica pistols, this is what I have found:
"38 Meaning of “realistic imitation firearm”
(1) In sections 36 and 37 “realistic imitation firearm” means an imitation firearm which—
(a) has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
(b) is neither a de-activated firearm nor itself an antique."
So a replica 18th century pistol could be banned even if non-firing?
Cheers Mike
Yes thats me in the picture and my beautiful Danish "Wife To Be"! Scotland + Denmark = Warrior Nation
"Stand Fast Creag Eileachaidh"
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Simon G.
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Posted: Wed 23 Feb, 2011 6:26 am Post subject: |
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Nothing in what you posted bans imitation pistols, could you post sections 36 & 37?
I don't know UK law but I'd be surprised if non-firing realistic replicas were banned for possession inside one's home. Carrying is probably another matter entirely.
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Julian Reynolds
Location: United Kingdom Joined: 30 Mar 2008
Posts: 271
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Posted: Wed 23 Feb, 2011 11:08 am Post subject: |
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I am a UK holder of Firearms, Shotgun & Explosives licences, and have been for over 20 years.
The law regarding Realistic Imitation Firearms as laid out in the Violent Crime Reduction (VCR) legislation is specifically aimed at imitation guns that post-date 1870.
An imitation 18thC firearm is not subject to this legislation and can be freely purchased (as long as you are over 18). The same goes for a deactivated firearm (these are not restricted) or an antique firearm (ie. an original firearm in either an obsolete calibre or one that pre-dates 1870).
A replica firearm (ie. a live-firing gun, that shoots real bullets) of a model that was made pre-1870 (such as, for instance, a modern Italian-made muzzle loading flintlock pistol) is classed as a modern firearm and you need a licence to own one, although an inert (or deactivated) version of exactly the same gun is freely sold.
Of course, there are other laws regarding the use or handling of imitation firearms in public places, but that is not your question.
Julian
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Julian Reynolds
Location: United Kingdom Joined: 30 Mar 2008
Posts: 271
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Posted: Wed 23 Feb, 2011 11:28 am Post subject: |
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Mike,
It occurred to me, from your post on the Scottish pistols topic, that you may be tempted to buy a non-firing replica from outside the UK (eg. the US).
The problem there is that these guns are not classed as inert under UK law because they only need a touch-hole drilling in order to feasibly use them as a live firearm. They are therefore classed as readily convertible replica firearms and are thus very, very illegal here in the UK, unless you have a licence and arrange for a RFD (Registered Firearms Dealer) to import one, drill it and send it to be proofed, then sell it on to you as a fully working firearm.
An inert replica, such as is sold by UK companies like Henry Krank, Derbyshire Arms etc. is UK legal to buy freely.
Julian
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David Sutton
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Posted: Wed 23 Feb, 2011 11:51 am Post subject: |
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Its slightly complicated but as i understand it restrictions on replica firearms only apply to replicas of weapons made after c1870 and their sale not their purchase or ownership (unless you attempt to import one from abroad including the EU).
Therefore a replica Colt .45 1911 would fall under restrictions. A replica (non-firing) 18th Century pistol would be perfectly legal to buy, sell and own without restriction.
Also replica firearms made after 1870 are not illegal. But its an offence to sell a replica firearm to someone unless the customer can provide proof that they are either a member of a historical re-enactment society or a TV/theatre company or represents a museum/gallery or is a 'crown servant' (for example a police officer purchasing a replica pistol for training purposes etc).
The relevant legislation is contained in the link below. Its not readily apparent that there is an 1870 watershed on replicas in the VCR Act 2006, but:
Section 38, Subsection (1) states that:
In sections 36 and 37 “realistic imitation firearm” means an imitation firearm which—.
(a) has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and.
(b) is neither a de-activated firearm nor itself an antique..
Subsection (7) states that:
“real firearm” means—
(a) a firearm of an actual make or model of modern firearm (whether existing or discontinued); or
(b) something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.
Subsection (8) states that:
In subsection (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870..
Basically if the replica is a sufficiently realistic rendition of a 'modern firearm' then it falls under the restrictions I cited at the top regarding who can have one sold to them. A non-firing replica 18th Century pistol should be no problem provided you buy from a UK dealer.
http://www.legislation.gov.uk/ukpga/2006/38/p...n-firearms
'Reserve your right to think, for even to think wrongly is better than not to think at all'
'To teach superstitions as truth is a most terrible thing'
Hypatia of Alexandria, c400AD
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Mike W Grant
Location: UK, Exiled Scot in England Joined: 06 Feb 2011
Posts: 48
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Posted: Fri 25 Feb, 2011 12:27 pm Post subject: |
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Many many thanks all!
So it looks like its ok to own these replicas, thats a relief! Mind you if you were to use one in a robbery it would look pretty strange holding a 18th C. pistol, but probably more threating as they would think you were a mental man!!!
Yes thats me in the picture and my beautiful Danish "Wife To Be"! Scotland + Denmark = Warrior Nation
"Stand Fast Creag Eileachaidh"
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Jack W. Englund
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Posted: Fri 25 Feb, 2011 3:49 pm Post subject: |
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Mike W Grant wrote: | Many many thanks all!
So it looks like its ok to own these replicas, thats a relief! Mind you if you were to use one in a robbery it would look pretty strange holding a 18th C. pistol, but probably more threating as they would think you were a mental man!!! |
Hey, Mike, Being "Kilted" sometimes = same reaction
Jack
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Mike W Grant
Location: UK, Exiled Scot in England Joined: 06 Feb 2011
Posts: 48
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Posted: Sat 26 Feb, 2011 1:50 pm Post subject: |
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Jack W. Englund wrote: | Mike W Grant wrote: | Many many thanks all!
So it looks like its ok to own these replicas, thats a relief! Mind you if you were to use one in a robbery it would look pretty strange holding a 18th C. pistol, but probably more threating as they would think you were a mental man!!! |
Hey, Mike, Being "Kilted" sometimes = same reaction
Jack |
Aye indeed!
I'll no doubt I'll get the same reaction when me and my brother wear ours the Scotland v Brazil match in March, in the Arsenal stadium in London. Bring on the Brazillians......
Cheers Mike
Yes thats me in the picture and my beautiful Danish "Wife To Be"! Scotland + Denmark = Warrior Nation
"Stand Fast Creag Eileachaidh"
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