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Buttstock - The Law! :-)

 
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fullmetaljacket



Joined: 01 Mar 2008
Posts: 14

PostPosted: Tue Aug 05, 2008 4:23 pm    Post subject: Buttstock - The Law! :-) Reply with quote

Hey Guys,

Just wanted a bit of advice. I have been looking for a retractable buttstock for my deactivated SiG 552. This is a swiss arms piece that has just come out and I have found a supplier in Switzerland who now has this item in stock.

Is it legal to import this item into the UK? The supplier will ship worldwide, but I wouldn't want to break any laws. I was under the impression that a butt is not a restricted part but I wanted to check.

All the best,

FMJ.
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Carrot Cruncher



Joined: 17 Sep 2006
Posts: 751

PostPosted: Tue Aug 05, 2008 5:01 pm    Post subject: Reply with quote

Firearms Act states that all component parts are as subject to certificate control as a complete weapon, but this has been refined in practice to mean only component parts which bear pressure from the exploding round. Buttstock will be OK.

See Home Office Guidance para 13.70 and FCC 9th Report.
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cybershooters
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Joined: 17 Jun 2006
Posts: 4589

PostPosted: Tue Aug 05, 2008 5:41 pm    Post subject: Reply with quote

I think he needs a SECO export licence, and to get one he needs a copy of your UK paperwork, which means a DTI import licence. You probably need one anyway, but with things like this it's always best to give them a call because the rules change frequently. Have a look at this.

I suspect they'll either tell you that you don't need one, or that you do need one and they won't grant one to you because you don't have section 5 authority, depending on how you phrase the question, i.e. "component" or "accessory".

This is the reason you don't see dealers selling them here, they can't get import licenses even though most courts I'm sure would rule it wasn't a component part.

Bear in mind regardless of what the FCC happens to say, it's down to a court to interpret what is and what is not a "component part" as defined in section 57 of the Act. I doubt a plastic buttstock would ever be construed that way, I've never heard of furniture ever being ruled as being a component part, even back when they had much tougher guidance on it.
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Steve.

Only three things are certain: death, taxes and stupid gun laws.
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fullmetaljacket



Joined: 01 Mar 2008
Posts: 14

PostPosted: Tue Aug 05, 2008 5:45 pm    Post subject: Reply with quote

Thanks guys - it sounds a lille iffy. I might speak to a Section 5 dealer and see if they can import for me and bung em a few quid for the service.

Thanks again chaps! Smile

FMJ.
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cybershooters
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Joined: 17 Jun 2006
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PostPosted: Tue Aug 05, 2008 5:52 pm    Post subject: Reply with quote

Carrot Cruncher wrote:
Firearms Act states that all component parts are as subject to certificate control as a complete weapon, but this has been refined in practice to mean only component parts which bear pressure from the exploding round. Buttstock will be OK.

See Home Office Guidance para 13.70 and FCC 9th Report.


Actually it's not just pressure-bearing parts, it includes any major part like the frame or receiver (which is not pressure-bearing in the case of a lower receiver on an M16 for example) and any bespoke small part out of the action, like sears, disconnectors, extractors, trigger mechs, etc.

"In addition, it would also apply to those items which are more or less unique to firearms, which are not readily replaced by items found in general use"

It's pretty much everything excluding the furniture, sights, screws, pins and certain springs.

There's case law on trigger mechs, guy who had a Maxim gun trigger group. That was ruled a component part of a firearm but was exempt from licensing as an antique.
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Steve.

Only three things are certain: death, taxes and stupid gun laws.
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Carrot Cruncher



Joined: 17 Sep 2006
Posts: 751

PostPosted: Fri Aug 08, 2008 12:33 pm    Post subject: Reply with quote

Latest case I'm aware of is Rv Ashton 2007. Original court ruled that whether an object was, or was not, a component part was a matter for the jury in each case, and the subsequent appeal was dismissed. At some point the judge advocate (original trial was court martial) suggested that a "component part " was a part without which a weapon would not work.
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