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Thread: Mail order firearm loophole??????????

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  1. #39
    Member GravelBen's Avatar
    Join Date
    Aug 2012
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    Of course if its someone you know personally and you have seen their firearms licence then you can argue that its not a 'mail order' sale either, so the form is not required.

    43 Selling or supplying firearm or airgun to unlicensed person
    (1) Every person commits an offence and is liable on conviction to imprisonment
    for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both
    who—
    (a) sells or supplies a firearm (other than a pistol, military style semi-automatic
    firearm, or restricted weapon) to any person who is not the holder
    of a firearms licence or a dealer’s licence or a permit issued for the purposes
    of section 16(1); or
    (b) sells or supplies an airgun to any natural person who is under the age of
    18 years and is not the holder of a firearms licence.
    (2) In any prosecution for an offence against subsection (1) in which it is
    proved,—
    (a) in the case of a prosecution for an offence against paragraph (a) of that
    subsection, that the defendant sold or supplied a firearm to any person,
    the burden of proving that that person was the holder of a firearms
    licence shall lie on the defendant;

    ...

    (4) A defendant may, in the case of a prosecution relating to the sale or supply of a
    firearm or airgun to any person, discharge the burden of proof placed on him
    by subsection (2) by proving that he took reasonable steps to ascertain whether
    that person was the holder of a firearms licence or was of or over the age of 18
    years, as the case may require.

 

 

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