Substitution Of Centrefire Pistol Licence

lead loader

How's it going lads! I have a question about the new firearms licence system. I dont think this has been raised before, i apologise if it has:p

Consider this senario:

You had a legally held centrefire short firearm going back three or four years. You then traded this firearm in with a dealer for another short firearm of the same caliber, all prior to Nov 2008. You then substituted details of your new firearm onto your firearms cert. After the change in legislation the firearms dealer is left with the original firearm in stock and is unable to sell it.

My question is whether you would now be eligable to seek to licence the original firearm under the new system? All the legislation says is that no new licences will be issued for a short firearm unless the applicant held a cert for the firearm on or prior to 28th Nov 2008.

the Legislation doesnt say that you have to be the holder of a licence on the 28th Nov 2008, or having held a licence for the firearm, that it has not been transfered onto another firearm in the meantime. Technically you held a licence for the firearm prior to the cut off date and therefore fulfill the criteria to now licence the firearm under the new system.

Am i correct in my reading of the legislation??

Rovi

That sounds logical enough to me, but as you say, you appear to be breaking new ground.
I certainly haven't heard of any similar case, anyone else?

Bananaman

You would seem to have read it properly.

However, considering the hassle people are having getting licenses for firearms they DID own on "Judgement Day", you could be in for a long and windy road - but ....... you never know.

B'Man

rrpc

You haven't said whether you now hold a new licence for the substituted firearm or whether you want to re-substitute the original firearm for the current one.

Or if you now want to have both...

It's also worth noting that the legislation says "on or before", not "on and before".

lead loader

rrpc wrote: »

You haven't said whether you now hold a new licence for the substituted firearm or whether you want to re-substitute the original firearm for the current one.

Or if you now want to have both...

It's also worth noting that the legislation says "on or before", not "on and before".

Sorry i didnt explain that very well. Take it that you now hold a new restricted firearm cert under the new system for the substituted firearm and you are now seeking to licence the original firearm in addition to the substituted firarm.

My reading of the legislation leads me to think that it is designed to stop the proliferation of short firearms not the licences. what i mean by that is the legislation states that you cant licence a short firearm unless you previously held a cert for that specific firearm prior to the 19th of November 2008 (and not 28th november as i previously stated:o).

It doesnt say that a new licence cant be issued for a short firearm if the original cert was substituted onto another firearm.

Grizzly 45

It's a good one.A qualified legal eagle opinion is required here.

Sparks

rrpc wrote: »

It's also worth noting that the legislation says "on or before", not "on and before".

Well, yes... but how would you have a licence on Nov.19 2009 and not have it before that point too? You'd have had it on Nov.18, Nov.17...
Or did I just read you completely wrong?