Deactivated and antique guns and the Law

Deactivated and antique firearms and the law

This lovely old .303 Martini-Henry is a relic of the nineteenth century when Ireland was still part of the Empire.  It has reached the end of the line.  The bore is completely destroyed and it isn't capable of accuracy, even at short range and yet it seems a pity to deactivate it.

This Ishapore Lee Enfield has been butchered to meet new spec UK deactivation laws.  It's a bit sad but it's the law. 

Deactivated guns are guns that have been modified so that they cannot be fired.  In the UK the modification is carried out by a competent person and the gun is then submitted to a proof house where it is recorded, certified and stamped.  It can then be sold with its accompanying certification of deactivation without a permit and ownership is not subject to any particular restrictions.  There are numerous laws covering the dactivation, export, sale, and ownership of such guns and these can be quite complex. In the Republic of Ireland there was no standard for deactivation and the situation was chaotic, to say the least.  Some collectors had their collections seized, others were charged with illegal possession and one had his collection seized and when he raised a stink they gave ONE back which was something of a record as the man was apparently legal and illegal at the same time.  One wonders where the bulk of the collection ended up.  Another collector of my acquaintance approached his local gardai about importing a display of War of Independence firearms and they gave him the go ahead.  When the deactivated rifles arrived from England he notified the guards who promptly arrested him and charged him with illegal possession without a permit.  

Sean Diffley of Listowel. I haven't seen him in a few years - the most knowledgeable classic rifle enthusiast I have ever met; with, I believe, a Persian Mauser

The following is lifted from the Irish DOJ website :

On April 8 2016 a new EU Deactivation Regulation came into force. It introduced new EU-wide standards for deactivated firearms to ensure that deactivated firearms cannot be reactivated. This Regulation also introduced an EU Deactivation Certificate and a new EU deactivation mark. This Regulation sets out a new set of deactivation requirements for anything deactivated from 08 April 2016 onwards. Existing deactivated firearms not capable of being fired, may still be kept on the written authorisation of the local Superintendent. However, it should be noted the Regulation stipulates that these must be re-deactivated to the new EU deactivation standards upon sale, transfer or gift (including inheritance).  The only acceptable proof that a firearm is deactivated is an EU Deactivation Certificate.  No other Deactivation certificate can be accepted. This certificate can only be issued by an entity that has been approved as a deactivation verifier by an EU Member State. Ireland has not approved such an entity.  Ireland will accept certificates that have been issued by approved verifiers in other Member States. The EU Deactivation Certificate must state that the firearm has been deactivated in accordance with the Commission Implementing Regulation (EU) 2015/2403. The firearm must also have the new EU deactivation mark on it. Deactivated firearms that cannot meet this requirement will not be issued with an import licence.

A British Proof house deactivation (new specs) certificate for a French Mas rifle.  Buyers should insist on getting such a document from a dealer.  The old "It's here somewhere, I'll post it on to you" means there isn't one and you are probably going to be landed in it.

Reading between the lines it would seem there are old specs deactivated firearms circulating in the Republic of Ireland that continue to be authorised by a Garda Superintendent.  My guess is these authorisations are renewable yearly.  Some of these may be capable of reactivation which I'm sure is a mighty headache for the authorities.  Since Ireland hasn't had a proof house since independence and Britain is about to exit the EU the solution to the problem of certifying Irish deacts will be interesting when it comes around.  The chaos in the Irish deact situation will continue for some time yet.

Bayonets are a popular and fairly reasonably priced collector item.  They don't require deactivation but are subject to offensive weapon laws and as such should be stored safely

Another interesting situation arose some years ago regarding the mounting of bayonets on deactivated classic rifles.  The argument ran that a deactivated rifle becomes a lethal weapon when a bayonet is fitted and is covered by the laws governing weapons in public places etc etc.  One doesn't have to follow this line of reasoning very far to realise that someone was looking for a handy way around the existing law to criminalise collectors. 

If classic military guns are your thing then the Irish Military Museum at Collon is the place for you. Here William the proprietor displays a deact Browning Automatic Rifle

A further "interesting" situation arose also when some clever lad worked out that a rifle magazine is illegal if it is not attached to a firearm for which the owner has a permit. Apparently a functioning magazine in a certified deactivated rifle could be regarded as illegal possession and the British specs at the time did not call for magazine deactivation.  There was wholesale panic for a while and the magazines of many valuable classic rifle were butchered by jumpy owners.

Inert and spent ammunition is sold in tourist junkshops all over Europe and the unfortunate Irish Tourist sometimes makes the mistake of returning to the Island of saints and scholars with a souvenir that is a guarantee of trouble because the law regards it as a component of ammunition requiring a permit.

The irrepressible Charlie Keenan shows a customer a deactivated AK47 at his emporium in Toomebridge County Antrim

 
In the UK things got more complicated recently.  From 2 May 2017, the new legal provisions on firearms in the Police and Crime Act 2017, prohibit the sale, loan or transfer of any firearm that has not been deactivated to the current Home Office Technical standard. This standard is essentially the EU standard with a number of additional UK processes and can be subject to further revision in the future. The new law does not affect ownership of firearms deactivated to prior standards, as long as you have the relevant certificate, but prohibits the transfer by sale, swap, gifting or inheritance of pre-April 2016 deactivated firearms. This includes all firearms deactivated to any of the previous UK standards, from 1988 onwards.  The offence for breaking the law in England is up to 12 months imprisonment, or a fine, or both,  If the law is broken with, essentially, criminal intent or use, the custodial sentence increases to five years.  In effect, such items are locked to the current owner and if that person passes away, then any deactivated firearms in the estate will have to be subjected to current deactivation specification processes in order to be inherited, or be surrendered to the Police by the estate.  Collections of pre-2016 deactivated weapons will be effectively rendered unsellable within the EU, unless the owner is willing to carry out the draconian sabotage to their collection to meet the new specifications.

Why would a normally sane individual dress up as a Bulgarian border guard with a deactivated Mosin carbine, parade around the garden and take a selfie?   

If I have learned one thing in a lifetime of dealing with the authorities who handle matters of firearms it is this:  When they make a mistake they blame the gunowner.  With this in mind I would advise any person in the UK or Ireland who wishes to have a collection of classic firearms to ensure  firstly they meet current deactivation specifications and secondly to have documentation readily available.  Own an old spec deact or lose the bit of paper and you can expect to be treated as a criminal.  We don't have to approve of the law but it IS the law even when unfairly administered.

 

Militaria collecting attracts some very interesting people

Antique firearms

Under British Law, certain firearms – rifles, shotguns and hand guns included, are not considered to be ‘weapons’ in the legal sense. They require no licence, as long as certain conditions are upheld. A list of obsolete calibres is maintained by the Home Office and if a firearm is on this list it can be bought and sold without a permit and need not be deactivated.  Here is a short excerpt from the list:

.255 Jeffrey Rook (H)
.275 Jeffrey (H)
.276 Enfield P.13 (Hu)
.28/30/120 Stevens (B)
.297/.230 Sporting (H)
.297/.230 Morris (H)
.298 Minex (H)
.300 (.295) Rook (H)


 

We call this the "bullstopper".  When some Google expert starts spouting about classic firearms we show him the deact 1907 Maxim-Sokholov. It puts a stop to his "bull".  Incidentally the big freeze killed the Eucalyptus in the background

 Problems have arisen when people, by whatever means, use these old guns to shoot live ammunition and this should be kept in mind.  Generally, owning an antique or obsolete gun in the UK is fairly clear cut and safe and there is a lively trade in such items on the various websites.  If you live in the Irish Republic you can own an antique or obselete gun but it is advisable to exercise caution.

Classic air pistols can be purchased cheaply without a permit in some jurisdictions and people have succumbed to temptation and then arrived back home with these items which are very often defective. A broken pellet gun is an illegal firearm in good old anti-gun Ireland

Every collector wants a Parabellum   This one belongs to the British Legion and is deactivated and used for display and education.  It has travelled to schools to promote the Legion's work on War Graves and it cost £500. A firing model can cost £1,000 to £5,000. The uniform is Swedish  surplus and was surprisingly reasonable from an online militaria outfit.

The Irish DOJ state the following on their website:

Antique firearms are exempt from the provisions of the Firearms Acts provided they are held as ornaments or curiosities.  More information on this can be found in the firearms licensing guidelines on the Garda website.  If you intend to buy one from abroad you should obtain an importation licence from this Department before bringing it into the country.  Modern reproductions of antique firearms are not exempt from firearms legislation. You may wish to buy an old (but not antique) firearm, or one which is valuable because of its historical significance or as an investment.  These firearms require a firearms certificate and you should apply in the normal way. 

 I went to the Garda website and searched for "Antique firearms" as per the instruction on the DOJ website and found nothing.  I'm sure if I spent a few hours poking around various official archives I might find information of owning an obsolete firearm but to be truthful I couldn't be bothered, knowing as I do that what is legal in this district is an offense in some other district.  The best advice is to ask the local guards and if they tell you it's ok to buy some old gun you fancy - get it in writing otherwise it WILL get seized in transit and you WILL end up in trouble.  Better still get a firearms dealer to import it for you.  I have met so many people who have gotten into trouble over mail order gun-related items I can offer no other advice.  In 1988 I was myself arrested and searched by the guards because I owned a NONFIRING REPLICA pistol, in other words, a toy.  My guns were seized and it took ballistics three months to establish the replica was legal and harmless and even then they tried to hold on to my guns.  Being in the right does not mean you will be treated as such.

Paintball is fun but remember there ARE laws governing it that you need to be familiar with I am informed that you can legally purchase and own an imitation firearm under 1 joule  in Ireland.  In the UK you must be a member of a registered club.  Interestingly airsoft outlets in the UK will not accept membership of a shooting range.

Owning a collection of classic or antique firearms is a wonderful conversation starter for people who are interested in history or just curious.  I find that visitors are always curious about my "deact rack" and enjoy examining and touching the various rifles.  The bayonets are, if anything, more fascinating than the guns although, being edged weapons, one has to be careful as most people don't think safety.  I have an interest in photography and an old rifle is a useful prop when taking a posed photo.  I don't let people see or handle my licenced firearms but the collection is safe and popular with family visitors and enthusiasts alike. 

This photo, taken in twilight during the big snowstorm in February 2018 was greatly improved by including a deactivated rifle

This engraved Lady's Muff Pistol dates from the mid nineteenth century back when women were permitted to defend themselves if attacked. One wonders whether they have more or fewer rights today.  A .60 ball at point blank range from an outraged lady was surely a wonderful defense of virtue.  It is engraved and possibly of Belgian provenance and one can be had for anything from a few hundred to a few thousand depending on condition and rarity. 

The cannon department at Henry Krank's shop in Pudsey near Leeds.  It is possible to by one and licence it but with powder costing about £20 a shot, maybe not.