Firearm variation question

[Charlie J]

Maybe the answer is on here but I couldn't find it so here goes .

Can I pay for a gun that someone is selling and have them bring it to my local gunshop , let them both do their respective paperwork and then when my one for one variation comes through get it put on my ticket from the gunshop .Obviously I would pay the gunshop for their time and storage.

Basically a guy has a gun I want and needs cash now but I don't have spare slot so need to do a one for one variation by which time I will miss this gun.

Thanks Charlie

[dromia]

Legally you cannot purchase a firearm you have no authority to possess, i.e no slot for it on your FAC.

The person selling the firearm has to enter the sale on the purchasers FAC, an RFD should not do that unless they have sold you the firearm.

I suggest that you read the Distance Sales sticky at the top of this forum.

[Charlie J]

Fair enough will do , how about this scenario . The seller sells it to the gunshop and the I buy it from them when my variation comes through .

[dromia]

Who ever you buy it off must enter it onto your ticket and the RFD's register should reflect this.

If you buy from the individual then they will notify firearms certification of the sale, if you purchase from the RFD they they will notify firearms certification of the sale, if the seller sells it to the RFD then they will notify firearms certification that they have sold it to the RFD.

[Charlie J]

Ok thanks

[Les]

Legally you cannot purchase a firearm you have no authority to possess, i.e no slot for it on your FAC.

You can purchase a firearm without having a slot for it, but you cannot take possession of it. It's possible to buy and pay for a gun at an RFD, for example, and then wait for a variation to come through. I've done it a couple of times.

[breacher]

Legally you cannot purchase a firearm you have no authority to possess, i.e no slot for it on your FAC.

You can purchase a firearm without having a slot for it, but you cannot take possession of it. It's possible to buy and pay for a gun at an RFD, for example, and then wait for a variation to come through. I've done it a couple of times.

As I understand it, Met Police had some sort of conference with as many of its RFDs as would attend - and this was mentioned.

You cannot do it. And paying a deposit is included. Anything which forms a transaction or part of a transaction is not allowed if its for an item you have no authority to possess.

I believe it falls under constructive possession and title etc

If you pay for something ( even deposit ) You have gained title to something. And although you dont have it in your hands you constructively possess it.

[Charlie J]

Thanks guys
I have paid down on guns in gunshops as opposed to having finance and obviously only been to take the gun on the final payment . Must have been illegal then or is that different ?
Anyway thanks for the advice
Chas

[dazeroo]

In every piece of Firearms legislation I have read, it is the "Possession" of Firearms that is controlled by law.
I don't believe that the Firearms Acts cover the contractual ownership. It would be a legal minefield.
The "Holding" RFD will still need to record the Firearm onto his register, and later off it, onto your newly varied FAC. In these circumstances, I used to use the option "Given" on the certificate. The RFD will almost certainly charge you for the transaction & storage.

[breacher]

In every piece of Firearms legislation I have read, it is the "Possession" of Firearms that is controlled by law.
I don't believe that the Firearms Acts cover the contractual ownership. It would be a legal minefield.
The "Holding" RFD will still need to record the Firearm onto his register, and later off it, onto your newly varied FAC. In these circumstances, I used to use the option "Given" on the certificate. The RFD will almost certainly charge you for the transaction & storage.

Possess, purchase or acquire is the term I have seen.