Re: Firearm variation question
Posted: Tue Dec 19, 2017 6:58 am

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"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.breacher wrote: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 !