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uk air gun limit what a farce

Discussion in 'Firearms Certificate (FAC) Guns' started by davesid, Oct 6, 2014.

  1. davesid

    davesid Newbie

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    Location:
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    WARNING I own a couple of rifles one is a .177 browning hunter pheonix. Back in May a naighbour who I have had a long running dispute with compained to the police I had shot a hole in his fence. What he really meant was 3 weeks ago I notice an hole in my 15year old fence and it must be him because I have seen him with an air rifle. To cut the story short the bog standard factory set rifle was confiscated. Nothing more heard untill the back end of August when I got a court summons for a over powerd rifle criminal damage and a shot leaving the boundry of my land,bearing in mind I have not yet been arrested and nither have I to this day. They claim the rifle fires at 12.13pfe. I have been to the majistrates and pleaded not guilty and I am now on trial on the 30th of this month. Two of the charges are likley to be thrown out but the section one will most likley go ahead. If found guilty,well lets just say a social worker with a section one firearms offence aint gona look good. The gun I belive is 11.2 as standard they took 12 shots the lowest being 11.5 the highest 12.9 and averaged it to 12.13. That means every air gunner out there who has what is called a full powerd air rifle had better just get rid and dont run the risk.
     
  2. milek

    milek Honorary Member

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    What has your brief said?
     
  3. Damon

    Damon Posting Addict

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    You will be fine. Mark my words.
     
  4. darklord

    darklord Can’t beat a tx200 at 30m

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    guns and [issed off neighbours don't work.
     
  5. Samon

    Samon Donator

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    Subbed for the results!

    Hope it works out for you but with the reputation the people have that test the power of airguns I wouldn't be too happymyself. (Purposeful overpowering to get paid/secure convictions!)



    The neighbour needs to understand the implications his bs accusations may have!

    I called the police on my old hillbilly, scum of the earth, inbred wart factory neighbours when their one eyed trolls was using his 'its been jacked up by my uncle!' Pos rifle like a fool, aiming it in the street and shooting through gardens. Shooting my shed door and firing over my garden.

    The police did jack sh+t!

    I reported these things to the local council house manager and said of my concerns, and explained I'd tried to help them how to shoot safely. But when mother hen of the mutant hoard said I too had been shooting in my yard it was a simple case for a haggered suit wearing bellend to say 'well, your both doing it so you both need to stop!'.

    Tarred with the same brush, even though me operating within genuinely safe practice's was compared to walking excrement with no regard to safety or proper use of an airgun.

    Ahem.. Rant over.

    Keep us informed and plead innocent no matter what!
     
  6. r10hunter

    r10hunter Honorary Member

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    Sorry to hear this it's very unusual to be prosecuted for being over such a tiny amount.

    I hope you have a barrister who understands firearms offences there are many that specialise in them.

    As it's an absolute offence you need to prove there is reasonable doubt whether the gun was not over the limit or not.

    I hope your brief is looking at calibration of the chrono and scales. Expected accuracy tolerance on the scales and chrono ect. 12 shots to find an average and they get 11.5ftlb to 12.9ftlb would be unlikely for a start.
    Good luck.
    Cheers Andy
     
    Last edited: Oct 6, 2014
  7. SteveO

    SteveO Top Poster

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    The police confiscated your guns on the strength of a hole or two in a 15 year old fence panel? no one had been injured or threatened or any other damage caused?

    I was shot at deliberately by a neighbour for merely popping my head over the fence to see who/where they were firing it during a drunken orgy of stupidity after a few pellets came through the fence and narrowly missed my kids.

    The police attended two days later and did absolutely nothing despite my fence looking like a piece of Swiss cheese!

    Something more to this story IMO.
     
  8. milek

    milek Honorary Member

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    I'm sure it was a recent well publicised case in Yorkshire where an ex con (drug dealer) had his house raided by the old bill who found two secreted shotguns (cupboard/behind the bath panel) and they deemed it that he was not guilty as they had been put there years ago and he had forgot all about them?

    Op, get a decent brief because they cannot prove the gun exceeded the limit whilst in your possession.
     
  9. dr.tigger

    dr.tigger Well-Known Member

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    Stay friendly with neighbours. I've had mine around to have a go with air rifle.
     
  10. engraver

    engraver Keyboard Hero

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    I feel for you mate.

    But unfortunaltely you cant educate pork!

    They do the damage to the sport and we all get tarred with the same brush!

    And then we all suffer inevitably eventually with more restrictions, or licensing, which Im not apposed to in fact.

    Regarding the OP that was not directed at you by the way, but I don't know the circumstances of your feud with the neighbour, the simple fact is over the limit or not if they have retrieved a pellet and matched it to your rifling then Im afraid that alone is enough for prosecution, but with regards to the power, if it is fluctuationg that much its more than likely dieseling if its a spring or gasram gun and new, so I would find a good barrister who knows firearms law, that alone would maybe be wavered in court if it wasn't for the other circumstances we don't know about surrounding your feud.

    A good solicitor would press on the points that any airgun is a complex instrument suseptable to changes in the temperature affecting the internal lubrication on a new gun causing dieseling highlighted by the irratic shotstring, and if you show your recent proof of purchase or the shop can confirm your sale and the gun hasn't been tampered with, Im sure this call be argued in court In your favour.
     
    Last edited by a moderator: Oct 16, 2014
  11. Clubshot

    Clubshot Clubshot

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    Shootings Associations like BASC have Fire Arms Teams that Deal with such cases

    No they will not Act as a Solicitor for you but offer your legal team advice

    Sounds like Police have not done it correctly -

    As other cases I have herd and read about they first look at possible Dammage - wanting proof you was seen in garden / area with Gun @ Time

    Air Guns are not Tested by Police for Court Cases - Depending on Police Area - But still worth asking for copy of report -

    Best Of Luck -

    BOB/R
     
  12. techno

    techno Busy Member

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    And their certificate of calibration for their chrono and what pellet was used.
     
  13. whitevanman574

    whitevanman574 bell target champion

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    spot on ...even police chromos need caliberation, or gun shop they was using
     
  14. whitevanman574

    whitevanman574 bell target champion

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    where do you live steve ,cameras , shot at ??? it is a british address and not a far east one isn't it ?:D
     
  15. SteveO

    SteveO Top Poster

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    Would you like to house swap mate?

    I've always fancied living in Moss side! :D
     
  16. Barni

    Barni Donator

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    First post straight to FAC ..... knowing overpower ?? ... must know a thing or two about airguns .... hmmm

    Good luck fella :)
     
  17. gargloit

    gargloit Posting Addict

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    The first two charges are a nonsense, don't worry about them. As far as the over powered aspect goes, if it's gone over then it is clearly capable, and as we all know, but many of us turn our back on the fact, it's that 'capable' word that drops you in it. Any brief who knows airgun law will have to advise you to plead guilty because, to put it bluntly, you are (as are nearly all of us!). By all means query the test procedure, certification etc., but don't pin your hopes on it too much. Best, IMO, to go for mitigation on the amount that it's over, the lack of intention and the like.
     
  18. dr.tigger

    dr.tigger Well-Known Member

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    Any update? Have to say this worried me quite a lot so have re checked my rifles.
     
  19. SteveO

    SteveO Top Poster

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    I believe this to be sound advice and certainly the route I would take under the same circumstances.

    I would be hoping for/steering towards the best case scenario and that would be losing the gun.
     
  20. supafly1982

    supafly1982 Donator

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    Something not right at all. Never checked the fence. Not arrested or cautioned, just confiscated. Proof or reasonable doubt you had done said offence???

    This is full of holes from the off.

    Gun averaged over 12flbs in a 12 shot test, where's the proof? Where was it tested? Who tested it? What pellets were used? What chrono? Where is the chronos certificate of calibration etc.

    Something does not seem right, this I just my conclusion but I am a very analytical person at times lol
     

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