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  1. #1
    Contributing Member
    bigduke6's Avatar
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    Quote Originally Posted by Peter Laidlericon View Post
    The irony is that now, with the modern spec, you can't even insert an un-cut magazine.
    Part of the "legislation" states something on the lines of , A deactivated firearm not conforming to the new specification can only be sold/ transferred to a none EU country, so in affect when we pull out we will be free....... to trade our old specs (for a while).

    I copied and pasted the following from the HMVF,



    "So this has now been enacted, section 128 is the bit that deals with
    deactivated firearms:

    http://www.legislation.gov.uk/ukpga/...on/128/enacted

    If you read through that it's not entirely clear what it means. Subsection
    4(c) effectively makes it an offence to transfer a deac that isn't done to
    the current spec., and by "current spec." I mean the June 13th, 2016 Home
    Office spec. This is a different spec. to the April 2016 spec., which is
    the EU spec. So taken as a whole, what it basically says is, it's illegal
    to sell or gift a deactivated firearm inside the EU, unless it's done to the
    current Britishicon spec.


    Which makes no sense, because the British spec. is not the EU spec. They're
    similar but there are differences.


    The Home Office have attempted to give me clarification and their
    clarification is very vague. What they appear to be saying is this: if the
    UK leaves the EU, then the section becomes meaningless, because then all
    transfers would be outside the EU and thus the section doesn't apply. If
    the UK stays in the EU, they're going to try and get the European Commission
    to adopt the current UK spec. and thus the two specifications will be the
    same, and then they're going to apply for the earlier 2010 spec. to also be
    recognised as sufficient so those can be transferred as well.


    The reason they're being vague in my opinion is because (a) they came up
    with their spec. prior to the referendum thus this whole thing has gotten
    muddled as they didn't expect a "leave" vote and (b) they don't want to
    admit they now have a contingency plan for either event.


    What is noticeable to me is they appear to have no intention of applying for
    any spec. prior to 2010 to be recognised as sufficient. But that only
    matters if the UK stays in the EU.


    Anyway the key point is that up until the UK leaving the EU, it's illegal to
    sell or gift any deactivated firearm unless it's done to the current spec. -
    once the section comes into force and the Home Office tells me that will be
    in "the next couple of months" (but it's already illegal under European law
    if the deac. is prior to April 2016). Note they've made it into an
    indictable offence, so you can get 5 years in prison for violating it,
    unlike with realistic imitation firearms where the maximum penalty is only
    51 weeks".
    Information
    Warning: This is a relatively older thread
    This discussion is older than 360 days. Some information contained in it may no longer be current.

  2. Thank You to bigduke6 For This Useful Post:


  3. #2
    Contributing Member mrclark303's Avatar
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    Quote Originally Posted by bigduke6 View Post
    Part of the "legislation" states something on the lines of , A deactivated firearm not conforming to the new specification can only be sold/ transferred to a none EU country, so in affect when we pull out we will be free....... to trade our old specs (for a while).

    I copied and pasted the following from the HMVF,



    "So this has now been enacted, section 128 is the bit that deals with
    deactivated firearms:

    http://www.legislation.gov.uk/ukpga/...on/128/enacted

    If you read through that it's not entirely clear what it means. Subsection
    4(c) effectively makes it an offence to transfer a deac that isn't done to
    the current spec., and by "current spec." I mean the June 13th, 2016 Home
    Office spec. This is a different spec. to the April 2016 spec., which is
    the EU spec. So taken as a whole, what it basically says is, it's illegal
    to sell or gift a deactivated firearm inside the EU, unless it's done to the
    current Britishicon spec.


    Which makes no sense, because the British spec. is not the EU spec. They're
    similar but there are differences.


    The Home Office have attempted to give me clarification and their
    clarification is very vague. What they appear to be saying is this: if the
    UK leaves the EU, then the section becomes meaningless, because then all
    transfers would be outside the EU and thus the section doesn't apply. If
    the UK stays in the EU, they're going to try and get the European Commission
    to adopt the current UK spec. and thus the two specifications will be the
    same, and then they're going to apply for the earlier 2010 spec. to also be
    recognised as sufficient so those can be transferred as well.


    The reason they're being vague in my opinion is because (a) they came up
    with their spec. prior to the referendum thus this whole thing has gotten
    muddled as they didn't expect a "leave" vote and (b) they don't want to
    admit they now have a contingency plan for either event.


    What is noticeable to me is they appear to have no intention of applying for
    any spec. prior to 2010 to be recognised as sufficient. But that only
    matters if the UK stays in the EU.


    Anyway the key point is that up until the UK leaving the EU, it's illegal to
    sell or gift any deactivated firearm unless it's done to the current spec. -
    once the section comes into force and the Home Office tells me that will be
    in "the next couple of months" (but it's already illegal under European law
    if the deac. is prior to April 2016). Note they've made it into an
    indictable offence, so you can get 5 years in prison for violating it,
    unlike with realistic imitation firearms where the maximum penalty is only
    51 weeks".
    Thanks for that info Geoff, very interesting, many of us here have a blend of deactivated and live Firearms in our collections and this utter mess of pointless legislation needs booting back over the channel along with the rest of EU law. ROLL ON ARTICLE 50!

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