Re: Question on moderators and legality
Posted: Fri Apr 04, 2014 2:53 pm
Just to remind you of the original statement I made:
The importation of unproved arms into the United Kingdom is subject to control. See Section 122 (4) of the 1868 Act, amended by the Act of 1978.
Notification of importation has to be given to both Proof Houses within 7 days and/or the arms have to be submitted to proof within 28 days of arrival in this country. These regulations do not apply to small arms imported by any person for his own personal use while their remain his own property.
I raised this question with Richard Mabbitt, London proof Master and he is of the opinion that a suppressor when attached to a firearm should be the subject of Proof testing based on the following:
“Barrel” includes every Barrel of every Small Arm, and every Breech of every Small Arm, and every Part of every Small Arm which would in the User of the Small Arm contain all or any Part of the Charge of the Small Arm, and every Part of every Small Arm in, from, or through which Part in the User of the Small Arm all or any Part of the Charge thereof would be exploded or discharged
What this means is if a suppressor is sold with a firearm it must be in Proof. The vague get out clause is if an RFD chooses to sell a suppressor separately he could argue it was not sold as part of a firearm therefore does not require testing, this does however mean if the suppressor is then sold with a rifle at a later date it will need a Proof stamp.
Under the Gun Barrel Proof Act (amended 1978), proof is required for all guns sold in the United Kingdom, and for guns that have undergone structural modifications to their barrels – for example by re-sleeving worn shotgun barrels or adapting a rifle barrel to accept a sound moderator or muzzle attachment. Imported guns also need to be proofed, although that can be done at the proof house in the country of origin, provided it meets the standards laid down by the Commission Internationale Permanente pour l’Epreuve des Armes à Feu Portatives (CIP)ovenpaa wrote:Do remember that (in theory at least) the suppressor fitted to a firearm should be in Proof. I say in theory as there are many which are not. The Proof of suppressors is a matter of much discussion between the manufacturers, Proof Houses, FET's and RFd's.
Not quite right... Yes you can both personally import or manufacture/assemble your own firearms and use it without a requirement for Proof however you will almost certainly be uninsured if you are shooting at a club range unless there is specific dispensation for a firearm out of Proof to be shot.Mr_Logic wrote:Ovenpaa - got to disagree. there is no requirement to have ANY firearm in proof, much less a mod. You only need to do so upon sale, because the offence is the sale of an unproven firearm, not the ownership thereof.
Remember that an FAC dictates the ownership of the listed items, not, unless on conditions, their use. A SAK mod without serial number, so all of them, can be used on an air rifle because there is no restriction on air rifle moderators. Used in conjunction with a S1 gun, the mod is at that point covered, but nothing says it can't also be used in a de-restricted context.
The importation of unproved arms into the United Kingdom is subject to control. See Section 122 (4) of the 1868 Act, amended by the Act of 1978.
Notification of importation has to be given to both Proof Houses within 7 days and/or the arms have to be submitted to proof within 28 days of arrival in this country. These regulations do not apply to small arms imported by any person for his own personal use while their remain his own property.
I know Peter Jackson took it upon himself to have this checked and it used as fact by some RFD's however to the best of my knowledge it has not been tested and would probably be deemed to be conjecture at best in a court of law. The Proof Houses are here to protect the manufacturers/makers as much as the shooters. The testing is a momentary act and cannot allow for the further use of the firearm however it is a test that is accepted in law.Mattnall wrote:I believe there is no requirement to have sound moderators proved before sale, or at any other time.LINK TO ARTICLELegal Counsel has now confirmed that:
A sound moderator is not a “part” of a “small arm” for the purposes of the Proof Acts.
There is no requirement in law for a sound moderator to be subject to proof.
The cutting of a screw thread on a barrel in order to affix a sound moderator is most unlikely to “unduly reduce it in substance or strength”, although each case will depend on its own facts.
I raised this question with Richard Mabbitt, London proof Master and he is of the opinion that a suppressor when attached to a firearm should be the subject of Proof testing based on the following:
“Barrel” includes every Barrel of every Small Arm, and every Breech of every Small Arm, and every Part of every Small Arm which would in the User of the Small Arm contain all or any Part of the Charge of the Small Arm, and every Part of every Small Arm in, from, or through which Part in the User of the Small Arm all or any Part of the Charge thereof would be exploded or discharged
What this means is if a suppressor is sold with a firearm it must be in Proof. The vague get out clause is if an RFD chooses to sell a suppressor separately he could argue it was not sold as part of a firearm therefore does not require testing, this does however mean if the suppressor is then sold with a rifle at a later date it will need a Proof stamp.