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BSA R10SE FAC bolt problem


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BSA made brilliant FAC guns, well one brilliant FAC gun, I know, I accidentally owned and shot one, the SuperTen. With the Export Only reg in these were phenomenal. 

I happen to know where there is an expert in these, not too far from you (ie in Lincs) either. If you decide to chuck in the R(ot)10 and get a BSA that worked, send me a PM!

 

 

 

Ken1.jpg

 

My first SuperTen. "Honestly sub 12!" according to seller. Saw a rabbit at 40 metres, using Chairgun gave appropriate holdover for 11 ft lb, so far over rabbits head the pellet needed clearance from ground control. Also about 50 shots a fill. Not so hot, buy chrono. Test gun. Buy new underwear. Quick trip to RFD who stripped it, pronounced that the reg was export only and I could not have the  gun back. Checked FAC rifle list, rifle not on there. "Never mind!" he says, "Always wanted one of these in FAC, how about a swap for a brand new Ultra single shot?" So went in with overpower old gun, came out with 11 ft lb new gun! (The fact I hated the MMC Ultra after shooting it has nothing to do with the brilliant favour the RFD did me)...

Edited by secretagentmole
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On 10/03/2019 at 10:29, secretagentmole said:

BSA made brilliant FAC guns, well one brilliant FAC gun, I know, I accidentally owned and shot one, the SuperTen. With the Export Only reg in these were phenomenal. 

I happen to know where there is an expert in these, not too far from you (ie in Lincs) either. If you decide to chuck in the R(ot)10 and get a BSA that worked, send me a PM!

 

 

 

Ken1.jpg

 

My first SuperTen. "Honestly sub 12!" according to seller. Saw a rabbit at 40 metres, using Chairgun gave appropriate holdover for 11 ft lb, so far over rabbits head the pellet needed clearance from ground control. Also about 50 shots a fill. Not so hot, buy chrono. Test gun. Buy new underwear. Quick trip to RFD who stripped it, pronounced that the reg was export only and I could not have the  gun back. Checked FAC rifle list, rifle not on there. "Never mind!" he says, "Always wanted one of these in FAC, how about a swap for a brand new Ultra single shot?" So went in with overpower old gun, came out with 11 ft lb new gun! (The fact I hated the MMC Ultra after shooting it has nothing to do with the brilliant favour the RFD did me)...

Rfd can’t legally withhold your property.

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3 hours ago, secretagentmole said:

The RFD can if the gun requires an FAC, you see it then is a dangerous weapon, requiring a licensed holder.

As a non FAC holder he could not return it to me. 

Not true, BASC legal team will tell you that. They can and should advise you to get it sorted, but they can’t withhold your property. They are not the law. You can sue them for doing so.

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On 12/03/2019 at 13:58, Rimfireboy! said:

Rfd can’t legally withhold your property.

The RFD cannot give you back a gun which he finds is over 12 fp unless you have an FAC. Check out the Firearms Acts. Lucky he didn't notify Mr Plod

 

On 12/03/2019 at 23:14, Rimfireboy! said:

Not true, BASC legal team will tell you that. They can and should advise you to get it sorted, but they can’t withhold your property. They are not the law. You can sue them for doing so.

Its a criminal offence to be in possession of a firearm without holding a FAC. No exceptions. The only solution for the RFD is to deactivate the gun or reduce the power before handing it back.  The RFD would be in breach of the law if he knowingly handed over a firearm to a person who did not have an FAC.

 The Firearms Act 1968 creates offences of:

  • Section 1 - Possession of a firearm/specially dangerous air weapon and certain ammunition without a certificate.
  • Possession
  • Section 1(1) of the Firearms Act 1968 creates an absolute offence.
  • The prosecution only has to show that the defendant knew he had something in his possession. It is irrelevant what he knew or thought it was (R v Hussain (1981) 72 Cr. App. R. 143; R v Waller Crim. L.R. 1991, 381; Sullivan v Earl of Caithness [1976] 62 Cr. App. R 105).
  • Possession is both proprietary and custodial (Distinction from "have with him" in criminal use offences) (Hall v Cotton and Treadwell [1987] 83 Cr. App. R 257 DC).

https://www.cps.gov.uk/legal-guidance/firearms

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14 hours ago, 1774pete said:

The RFD cannot give you back a gun which he finds is over 12 fp unless you have an FAC. Check out the Firearms Acts. Lucky he didn't notify Mr Plod

 

Its a criminal offence to be in possession of a firearm without holding a FAC. No exceptions. The only solution for the RFD is to deactivate the gun or reduce the power before handing it back.  The RFD would be in breach of the law if he knowingly handed over a firearm to a person who did not have an FAC.

 The Firearms Act 1968 creates offences of:

  • Section 1 - Possession of a firearm/specially dangerous air weapon and certain ammunition without a certificate.
  • Possession
  • Section 1(1) of the Firearms Act 1968 creates an absolute offence.
  • The prosecution only has to show that the defendant knew he had something in his possession. It is irrelevant what he knew or thought it was (R v Hussain (1981) 72 Cr. App. R. 143; R v Waller Crim. L.R. 1991, 381; Sullivan v Earl of Caithness [1976] 62 Cr. App. R 105).
  • Possession is both proprietary and custodial (Distinction from "have with him" in criminal use offences) (Hall v Cotton and Treadwell [1987] 83 Cr. App. R 257 DC).

https://www.cps.gov.uk/legal-guidance/firearms

It is a criminal offence to possess the rifle over 12ft lbs without it being on ticket. Therefore you should ask the rfd to simply remove the bolt or some other part so that it’s no longer a working gun. You can then leave with it legally and get it sorted out later. It’s your property and your problem, not theirs. They have no legal power to confiscate property. They’re dealers not law enforcers. I’d suggest that anyone thinking of taking an air gun to an rfd to check its power, should research the facts of the law first, print it off in readiness should they find themselves in this position. As you say, they have to hand it back, they can’t just keep it as it isn’t theirs to keep and to effectively seize it from you wouldn’t be legal because they aren’t the law. Mole said that the rfd told him he couldn’t have his gun back, that shouldn’t have happened and was unlawful.

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