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Thread: SMLE without deac certificate

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    SMLE without deac certificate

    Can anyone out there give me a definitive answer as to what the implications are of buying a deactivated weapon without a deac certificate? Deactivation was carried out in the 60/70s and no cert issued. I realise this will make it more difficult to sell on later but what are my legal responsibilities?

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    The only thing you need to concern yourselkf with is this............... I know that there will be a hundred others who come oin board, but as one who has been in the courts as a so-called expert witness, it's this. Is the rifle you possess capable of discharging a shot, bullet or other like missile and/or, does it contain any unaltered load bearing parts that are themselves firearms in their own right, capable of bearing the load or pressure of discharge. These parts include the bolt, barrel and body.

    For example, many dealers sold on skel;etonised No1's and No4's for years before the law on deacts was formalised. Equally, hundreds were welded up and then sold on as wall hangers. The deact legislation was not retrospective so if it were a deact THEN, it is NOW.

    The very BEST piece of advice I could give you, as one who had acted for three or four 'unfortunates' is this iF IT COMES TO PUSH AND SHOVE DO NOT SAY ANYTHING EXCEPT THAT YOU WILL ONLY SPEAK AFTER TAKING ADVICE. And the second bit of advice. DO NOT EVER, EVER, EVER, UNDER ANY CIRCUMSTANCES BE BROWBEATEN INTO SAYING, DOING OR WRITING ANYTHING Then GET the bloody advice.

    Was that simple enough? You do not need a deact cert for a deact weapon. The difference between a pre-deact and a post deact is that with a pre-deact era weapon, the onus of proof is upon you. Afetr that, when there is a missing/lost cert, the onus of proof is upon the prosecutors

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    Advisory Panel Patrick Chadwick's Avatar
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    Quote Originally Posted by Peter Laidlericon View Post
    does it contain any unaltered load bearing parts that are themselves firearms in their own right, capable of bearing the load or pressure of discharge.

    Which means that a chamber that can still accept a live round is unacceptable for a de-act. Because someone can cut down the barrel and fire out of the stub.

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    Peter
    As always, thanks for that reply.
    Regards

    Chris

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    Please excuse my ignorance, but what kind of guns in the UKicon are subject to de-activisation and what, if any, are not.

    This is a very alien concept to me.

    tom

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    Quote Originally Posted by shop tom View Post
    Please excuse my ignorance, but what kind of guns in the UKicon are subject to de-activisation and what, if any, are not.

    This is a very alien concept to me.

    tom
    Sorry I asked........................

    I'll look elsewhere.

    tom

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    Quote Originally Posted by shop tom View Post
    Sorry I asked........................

    I'll look elsewhere.

    tom
    Sorry shop tom, deactivation can include any weapon, from a bolt action rifle to 15 pound field gun, all depends on if the owner has the right certificate etc to own , if he wants to posess a firearm but not use it and does not want to keep it live then de activation is the way to go.

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    Quote Originally Posted by bigduke6 View Post
    Sorry shop tom, deactivation can include any weapon, from a bolt action rifle to 15 pound field gun, all depends on if the owner has the right certificate etc to own , if he wants to posess a firearm but not use it and does not want to keep it live then de activation is the way to go.
    Thank you very much. I was beginning to think I was invisible.

    tom

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    WiltshireSpud,
    For a small sum of money, you can get a local gunsmith to look at it for you and properly deactivate it if it is still "live". PM me if you want the name of a good fellow who works quite near you.
    Rob

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    Advisory Panel Patrick Chadwick's Avatar
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    Thank you Peter for a very clear answer. Translated into Germanicon it would be a very good answer for anyone over here with the same problem.

    Here a weapon can now only be deactivated by a gunsmith and must afterwards be checked and marked by a governmental agency. Which, with transport to and from the agency by approved means, plus the cost of the "negative proof" on top of the gunsmith's work, makes it so expensive that a "modern-rules" de-act is more expensive than a perfectly usable functioning weapon. The result is that new de-acts are uneconomical for dealers, and have become extremely scarce, and many old rifles are simply scrapped outright, not even being available for parting-out. So "old-rules" de-acts are at a premium! Has the market in the UKicon been affected in a similar way?
    Last edited by Patrick Chadwick; 01-13-2013 at 06:33 PM.

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