Distance Sales Sticky

[dromia]

Bloody BASC, helpful as ever.

[Polchraine]

I am sure there is a typo in there somewhere as I have always believed it was unlawful to accept any monies for a firearm for which the customer did not have lawful authority.

You would not be accepting monies for the actual firearm. They are showing their willingness to demonstrate to you that they can complete a contract with you by producing the right to possess and paying the full amount. By accepting the deposit, you will be agreeing to sell the firearm to them on conditions that they produce the certificate and have te funds to do so.

[Christel]

This is not legal.

One cannot take a deposit for a firearm without the relevant slot.

[Polchraine]

This is not legal.

One cannot take a deposit for a firearm without the relevant slot.

So, you see a new rifle you want biut do not have a slot or need to sell an existing one to get a variaiation. You aprroach te police with paper work, all goes theough in 14 days and you go back to te seller, who by that time has sold it to someone else.

How do you overcome that? You cannot unless you can persuade the seller of your intent and how else can that be achieved except by placing a deposit.

What about some of the top end rifles at £50k that take 3 or 4 years to produce. You have to have an open slot for four years ... and woudl you expect a dealer to make one without a deposit?

[Christel]

As much as I can see your point I do not make the law.

[Chapuis]

Just for sake of discussion how about calling the fee paid to the seller that indicates that the buyer is serious "an option to buy" rather than a deposit. Would this satisfy the legal requirements?

[mag41uk]

I have probably just sold a gun on Gunstar.
Guy has an fac and a friend of his is an RFD.
Said RFD can meet me at Bisley on Saturday to collect the rifle.
I have yet to ascertain whether the buyer has a slot for this rifle but he assures me has available slots.
So paperwork wise and payment wise how do I deal with this please?

[dromia]

The buyer sends you his FAC and you enter the firearm upon it after ascertaining from his FAC that he has authority to purchase, he then pays you, you enter the transfer onto his FAC and return it to him. The collecting RFD is just a courier but get his details from him, the buyer then shows the RFD his FAC with the rifle entered upon it and the RFD hands it over to him.

[mag41uk]

Thanks for clarifying that Adam.
It turns out the "buyer" has got an fac but no variation for the rifle I am selling.
The RFD can take it but how do I stand with who is paying for it?
Reading back this thread suggests that the buyer cant legally buy it therefore shouldnt be paying for it.
Can the RFD pay on his behalf - buyer gives the money to him - that way I legally transfer the rifle to the RFD who then deals with the buyer?
I really dont want to get this wrong. I have always dealt face to face in the past - driving long distance on one occasion.

[Christel]

If the RFD pays for it then it is regarded as a deposit which is not allowed without a slot.

Until there is a slot there is nothing anyone can do.