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Old 18th May 2015, 09:54 AM
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Brian.Samson Brian.Samson is offline
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Join Date: Jun 2009
Member of: Pontefract, Doncaster Airgun Range
Location: Doncaster
Posts: 2,324

Originally Posted by raygun View Post
Hi Brian,
I had counted back from 2003 for the 9th report.

It was however the report from 1997/98 which was the 9th report.
Section 11.26, 11.27, 11.28 and 11.29 addresses the problem they found themselves with. It also mentions the Home Office HOC.

Brill nice one Ray!

I've kinda been dragged into this debate now... it just saves me a bit of time reading pages and pages of crap

I'm convinced now.. although the amendment to the Statute Law in 1997 appears to catch Semi Auto Airguns, there is clear evidence that it wasn't the intention of the amendment to do that. And that clear intention would be very very difficult for a judge to overlook.

So for all intents and purposes.. unless there is an amendment to the Statute Law or a test case in a high enough court, SA sub 12 airguns are very probably not Section 5. Even if the HO issue a new Circular.. the fact that they issued one outlining the intent of the law back when it was amended means that it would still be extremely difficult for them to argue 17 years later that it was the intention.

You'd still be taking a risk that a judge would rule in your favour in court and it's a risk I personally wouldn't want to take, but if I had to, I'd fancy my chances based on the evidence I've seen.

Same with the 30/60 rule for sub 12's - they appear to be caught by Section 5, but HO guidance issued at the time sets out that it wasn't the intention and that's good enough to win a court case (probably)