I am in the process of buying a rifle currently from a site member in Scotland. My RFD is in Wales but I live in England. Both seller and I were told that I was to post my FAC to the seller (who is a complete stranger to me), so I have contacted Gwent Police Firearms Department to clarify.
They have said that sending my FAC to the seller is unnecessary, and also poses an unnecessary security risk as it would provide a complete stranger with my full name, address, DOB, photograph, signature, FAC number and a list of all the firearms that I have access to! It is also probably a fair assumption that someone with firearms may also have shotguns. This could then potentially be passed on to a third party either as information or as the original certificate. When I spoke to the FEO afterwards, he also suggested that such a move could be deemed in breach of my FAC conditions should anything go wrong! In addition, you are supposed to keep your FAC secure, and report its loss immediately, but sending it to a complete stranger at the other end of the country is fine!
His direction was for the seller to transfer the rifle to his RFD and as method of transfer write 'sold via RFD transfer'. The rifle is then sent to my RFD via their usual route, and I collect it and put 'Purchased via RFD transfer' on my license.
It appears that sanity has won!
So this just shows clearly (not for the first time) that there is a woeful lack of training and legal knowledge within FLD's. That seriously needs addressing.
As VSS explained the Law requires the seller to fill out your FAC. So how exactly does that happen if you don't send it to them?
If they transfer to their RFD to yours to you FAC. Then yes you might make a legal transaction vis a vis Firearms Law, but you create a whole other issue with regards to VAT, liability, warranty etc with both RFD's involved.
So send certificate, seller fills out, sends back, sends (via RFD) the rifle, you go collect with your FAC to prove ownership. No liability for VAT or warranty from either RFD (other than on the service charge (if any)).
An rfd in Cambridge insisted on me posting my FAC to him to buy a rifle , he wouldn’t RFD it to a shop near me for some reason …
Anyway , I rang my FEO and it was made crystal clear to me not under any circumstances to post my FAC to any RFD ever.
I rang the Shop to inform them and miraculously he decided it was ok to RFD it so my gunshop…
I would suggest a RFD is probably preferable to "Joe Bloggs". For example find out who the seller wishes to send rifle from. Ring and ask if they would receive and supervise the filling out of your FAC and post back (for an agreed fee of course), in my mind preferable as you can do more checks prior to any transaction ie check it exists etc. The RFD sends rifle your RFD gives it to you when you take your FAC in. You comply with the law without sending your certificate to a random individual.
The advise however from you FEO is wrong.
Remember there are no formal qualifications for the role (that I am aware of) but finally some forces are providing some training (BASC possibly other orgs too have provided).
Which would you rather trust? The opinion of the unqualified FEO, or the Firearms Act as defined by HOG in writing? I know which I will follow.
Home Office Guidelines (Firearms)
15.28 The RFD network can also assist in the delivery of the firearm where a certificate
holder wishes to sell to another certificate holder. The procedure is similar but in the
first instance the onus is on the
seller to see and check the purchaser’s certificate,
fill in the necessary details before returning it and to notify his chief officer of police
within 7 days of the sale. Having received payment, the seller takes the gun to an
RFD who has agreed to arrange the transfer to a second dealer nominated by the
purchaser to act on their behalf in effecting a face-to face transfer. The entry in the
register only needs to reflect the temporary holding of the firearm: “FOR
TRANSFER: destination Mr ..xxx.. and forwarded to RFD xxx for collection”. The
RFD arranging the transfer should obtain a copy of the second dealer’s certificate of
registration.
On receipt of the firearm/shotgun, that dealer will contact the purchaser
who will arrange to collect the gun in person, producing his completed certificate
and proof of identity as above. The purchaser must notify the transfer to his chief
officer of police within 7 days. The second dealer will record the transfer in both the
“In” and “Out” sections of his Register. In these circumstances neither RFD is
involved in filling in the certificate or notifying the police.