Firearm variation question

[dazeroo]

[johnson3392]

For what it's worth, Henry Krank were very firm about the 'contractual' bit when I asked if I could put a holding deposit on a rifle whilst waiting for my first FAC. We would both be breaking the law if money had been handed over as a deposit. What they did do was remove it from the rack and took it off sale until my ticket came through. Took about 2 months but they were happy to keep it to one side for that time.

[Tony-c]

maybe ask the RFD to credit your account with that amount :)

maybe buy a gift voucher and leave it attached to that rifle?

[Mattnall]

Requirement of firearm certificate.

(1)Subject to any exemption under this Act, it is an offence for a person—

(a)to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

They quite clearly state that its not just possession but also purchasing or acquiring.

Now, you can argue all you want about what constitutes a "purchase" but that will be down to the Judge ( once you have appealed revocation of FAC and stumped up £5000 to a barrister unless representing yourself ) to decide.

My money is on you having purchased as soon as the seller removes it from sale to anybody else based on an agreement to sell to you whether or not money or deposit have changed hands.

Purchase does not have to include payment or taking possession.

If I was a prosecution barrister I would quote the simple example of mail order. You buy the item. You pay for it. But dont take possession until it arrives in the post. But while waiting for delivery, you have still purchased !

Another example. You want to have a bespoke suit made. You get measured. The tailor makes the suit and you return to collect when ready. So, at the start you have made a purchase and dont yet possess the suit as it does not even exist yet !

"Possession" in this (firearms) instance doesn't only mean 'physical possession', there is a term, that I cannot remember just now, that basically means that you have a legal claim on the item, ie by paying a deposit, or access to, it is in a lock up and I have the keys (or my old mother knows where I keep the keys to the cabinet) that is classed as possession.
Therefore you cannot pay a deposit on a firearm if you don't have the legal authority to acquire it, there is also some question on whether paying the dealer a (refundable or not) fee to not sell it to someone else is also taking 'possession'.