Originally Posted by Brian.Samson
Sub 12 rifles and sub 6 pistols are NOT EXEMPT from firearms laws. (otherwise you'd be able to have fully automatic sub 12 airguns nevermind semi automatics)
What happened was in 1997 when they amended Section 5.. they put this in Section 5(1)(ac)..
"gun which is not an air weapon"
and forgot to put it in the section above 5(1)(ab)
That means that technically, and I emphasise the word "TECHNICALLY" they are included in the law and are TECHNICALLY prohibited and TECHNICALLY illegal.
PRACTICALLY... the Home Office and CPS have said that not including "gun which is not an air weapon" in section 5(1)(ab) was a mistake that they hope to correct at the next opportunity (it's been 18 years already though). Because it was a mistake to leave out those words.. even though Technically they are against the law, they will not prosecute you.
No. I can't see this "not illegal, but also not legal" logic.
Is there such a thing as an S5 certificate.
""The Home Office regard self-loading or pump action rifled airguns (including paintball guns) as outside the scope of the Firearms Act
, unless they are sufficiently powerful to fall within the category of a "specially dangerous" air weapon (Archbold 24.8a)." "
This means certification is not required. It is not ambiguous.
As certification is not required (as they fall outside the scope of the act) these airguns cannot be S5 as S5 can be certificated.
The "law" is the legal system as a whole from statue book through the courts into precedent.
Fire arms law transgression is a law of strict liability; Look here - http://en.wikipedia.org/wiki/Strict_liability
Note the criminal law section and it's definition of the role of intent in defining strict liability in legislature and application.
There is written evidence of the home offices intent not to include sub 12 plastered all over this thread, the pages of CPS guidance to police, the documents that reside in Whitehall available to the public stating such, and the letters and emails people (including the BASC) hold.
The situation is plain.
No if's no but's.
There isn't any ambiguity - other than that which the GTA seemingly want to seek to introduce.
As for "fully auto air" - What are soft air fully auto rifles, if not fully auto?
There is nothing in the firearms act excluding them is there?
But there is guidance.
They are for sale - why?
Because they are legal. Same as S/A and pump is legal.