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Is It Really True.....

Discussion in 'Anything Airgun Related' started by Elk hunter, Nov 24, 2013.

  1. Elk hunter

    Elk hunter Keyboard Hero

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    I read this quote and as we all know its not the first when anyone attempts to tinker with a air rifle or a question is asked about power.

    But is it really true if you are caught with an air rifle over powered "YOU GO TO JAIL". Does anyone know of a friend, college who has gone to jail for this offence. How much is over the top does 12.6fbl get a slap on the wrists and 13.8flb get 3 years.
    I have no need to be overpowered as I've FAC to and would be stupid to do so. But when I fixed my Rapid 7 up first off it was very well Rapid. But I was not quaking in my boots of fear the police may arrive.
    I know that it's normaly decent law abiding folk that end up on the wrong side but I've never hear of a jail sentence of an over powered air rifle offence.

    Andrew
     
  2. djwalker

    djwalker Donator

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    think there was a guy in the papers once who got a few months ,but its certainly not a common ocurance . I don't think the police have the time or money to be swooping on air gunners to take there rifles for testing . I have a farmer friend who had rifles and a sec 5 pistol taken by the police after an incident at his farm and the air rifle was never tested . and of course in not advocating illegal air gun practice .
     
  3. couzensmark

    couzensmark Busy Member

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    Whilst it is a hugely serious offence to possess a section 1 without the correct paperwork. I think in reality common sense is applied. No matter what people say the law is not going to spend £££££'s a year keeping someone incarcerated because their rifle was 1 or 2 ft/lb over the limit. Provided they aren't just looking for summat to get you with if you were a "frequent flyer" with them. Obviously having a 40 ft/lb beast without a license is more serious.
    I know you will always get people on their high horses saying if your 0.000000001 ft/lb over your going in for a 5 stretch. But I can't see that being the case .

    Just for the record my 97k is running a healthy 11.3

    Cheers
    Mark
     
  4. ste

    ste Posting Addict

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    I no there was a bloke that took his rifle fishing to shoot the rats and was prosecuted for it being over 12 ft lbs,you could argu your rifle is set to the pellet you use but as soon as they put a heavier/lighter pellet in it it could send it over,
    now I have heard when they test them they use lots off different pellets plus the ones you are using to see the power,
    i have been stopped before and they had no interest what was in My gun bag just asked why I had it ,
    i think there would have to be an incerdent that involves a gun+person for them to test them ,
     
    Last edited: Nov 24, 2013
  5. Sparkyjon

    Sparkyjon Engaging Member

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    I think the guy shooting rats fishing was clueless as to what he'd bought, and I also think the judge was probably making a point and an example of him that buying an air gun with no licence it's your responsibility for making sure it's legal. Ignorance is no defence.

    As for being over and going to jail like what's been said if a guy gets caught with a gun that creeps up to 12.4 ft lbs I'm sure the gun will be confiscated for ever more and maybe a fine but I doubt he will do any time..

    If a person is caught with a 40ft lb no fac and at home has another 3 or 4 rifles over the limit then yeah a custodial sentence is probably due and well deserved.
     
  6. reaper6

    reaper6 Banned

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    It makes no difference if the airgun is .000000001 over or 40ftlbs over as any one will tell you once the law has been broken its broke and there can be no degree of severity
     
  7. ricky

    ricky Engaging Member

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    From what i remember the guy fishing didnt have the landowners consent to shoot their so that adds to the hard line taken by the judge.
    The guy argued that he had just bought it from a car boot and hadnt checked its power.
    People forget that possesion of an illegal firearm is an absolute offence, which in a nutshel means there is No defence, and the prosecution has no requirement to prove you had knowledge you were commiting the offence.
    Any arguments you use in court can effect the sentance given but wont change the fact that the offence has been committed
     
    Last edited: Nov 24, 2013
  8. Sparkyjon

    Sparkyjon Engaging Member

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    Not true in the slightest mate, yes the law has been broken, but the sentence can vary just by having a different judge, what I'm saying is if you have no criminal record and the gun has crept up over 12ft by a small amount they are unlikely to give you the maximum sentence. A differential of a few point ft/lb is easily done , my gun shoots from between 11.3 -11.7 on my chrono I choose to keep it low and am happy with it, people having guns shooting 13ft/lb are probably not doing it on purpose it's just not worth it and firearms department would realise that. The gun will be gone forever but your not gonna be sentenced to 5 years.
     
    Last edited: Nov 24, 2013
  9. secretagentmole

    secretagentmole Low down, dirty and quiet...

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    It is like saying the penalty for doing 4pmh over the limit outside a school is the same as doing 30 over the limit outside a school, the offence is the same, the severity of punishment (ie 3 points a fine and dont do it again or loss of license) varies!
     
  10. Pidlar

    Pidlar Big Poster

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    Over is always over,but the actions taken by different constabularies may differ.May just be an escorted visit to a local RFD for a power adjustment on the spot,of course at the owners expense.
    Regards,Stu
     
  11. couzensmark

    couzensmark Busy Member

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    This is a perfect example of the punishment fitting the crime. If I get caught at 65 I will deservedly get my three points and fine. If I get caught at 165 I'll get porridge. One would think the same logic is applied with firearms offences.
     
  12. Size12

    Size12 Busy Member

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    It does in reality just not on forums!

    Hang em all.........
    :)
     
  13. Sparkyjon

    Sparkyjon Engaging Member

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    Let's not be mistaken any newcomers reading this don't do it, it really isn't worth the risk and the law is the law it will still be broken, but saying you'll get 5 years for being anything over 12ft lb is just scaremongering.

    Still don't do it unless you have fac , and buy a combro best £50-£60 you'll spend piece of mind is priceless.
     
  14. couzensmark

    couzensmark Busy Member

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    Agreed the law should most definitely not be taken lightly. It would be foolish to knowingly flaunt the power restrictions.
     
  15. aldablue

    aldablue Engaging Member

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    I wouldn't like to take the chance tbh. It seems so easy to keep a check.
     
  16. catman938

    catman938 Engaging Member

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    well I think some of you above posters have your head in the clouds. its mandatory 5 years if your caught, the crown court judge as no choice but to send you to prison. i have yet to hear of a police force "letting anybody off" everything goes to cps, they decide if your going to court or not. and yes I do know of people going to jail for firearms offences and spending a long time inside. this is why I have in this and other posts stressed get your rifle checked if your tuning.
     
  17. reaper6

    reaper6 Banned

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  18. r10hunter

    r10hunter Honorary Member

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    Last edited: Nov 24, 2013
  19. reaper6

    reaper6 Banned

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  20. couzensmark

    couzensmark Busy Member

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    I think the OP was getting at the fact there always seems to be loads of scaremongering around this subject.
    I wouldn't dispute what's right and wrong I think that is quite obvious and only a fool would put it to chance
     

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