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Thread: One for one variation charge!

  1. #1

    One for one variation charge!

    Cut a long story straight, had my 6.5x55 with a dealer for sale. Took 6 weeks to sell. As soon as it sold i went round to collect my money and do license details.
    The same day i fill out a variation form to apply for a " 1 for1" variation to get my .30-06 sorted. Send it off with no fee.

    Yesterday i get a call from Firearms dept, saying that as the dealer registered the gun with him a few weeks before I have to pay 26 fee as " 1 for 1" variations are only free for a 7 day period from the date you sold your gun!

    Sounds like the dealer sold the gun a few weeks before i did and didnt tell me and the gun was put on new buyers license a few weeks before i took it off mine.

    Has anyone else come across this before? I for one have never seen it written down on any variation forms.

  2. #2
    Yes it is correct. Though most forces don't normally stick to the rule. Could depend on what information you supplied to the police and what information the dealer provided. Looks a bit like the dealer has let you down there.

  3. #3
    Did the RFD register it as his weeks ago? If so he should have paid you out there and then, not waited until he had sold it on. If he just put on his register, then it remained your property and was simply lodged with the RFD until it was transferred to the new buyer.

    Based on what you say, I don't think you have been 'let down' by the dealer, I think you have been shafted!

  4. #4
    SD Regular
    Join Date
    Dec 2008
    Location
    East Midlands M1/M69 Junction 21
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    5,382
    Legally you can't both "possess" the weapon at the same time. Either YOU own it or HE (the new owner) owns it. The issue is who had "title" to the rifle up and until what date.

    Now it depends on what you told your licensing department and when. Did you notify them of a "disposal" at the time you lodged the rifle with the dealer? In other words it became the dealer's property with you entitled only to the proceeds?

    Or did it remain your property, although in the dealer's keeping, until when he notified he had sold it?

    Clearly UNTIL he notifies you that he has sold it...unless you advised your firearms department that you had made a "disposal" when you took it to him to sell...it is in law yours. You still retain "title" and therefore "possession" regardless of where it physically is.

    Are you a BASC Member? If so I would contact them. If the dealer sold it say four weeks ago and has now only just last week advised you I would ask him for the 26!

  5. #5
    Regular Poster
    Join Date
    Feb 2007
    Location
    Leicester, Mansfield Grantham area
    Posts
    240
    There is NO set time period so stick out for your free variation.

  6. #6
    Regular Poster
    Join Date
    Feb 2007
    Location
    Leicester, Mansfield Grantham area
    Posts
    240
    There is NO set time period so stick out for your free variation.

  7. #7
    Wrong, a fee may be payable look at guidance to police notes 10.51 and 20.3 and 20.4

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