Heym SR20
Well-Known Member
I suspect, like just about everything with UK law, this is a grey area and open to lots of opinion.There was a discussion about this on here fairly recently, and I'm pretty sure someone (may have been me, I can't remember) posted the relevant bit of legislation that made it quite clear that only an RFD can charge for the hire or loan of a rifle.
I have had a look on earlier threads and there were a couple of comments to the effect that only an RFD can charge for the loan, but support from legislation.
So going back to first principles. I have also gone through again at the Firearms Act and cannot see any reference to only an RFD charging for the loan of a Firearm.
The “estate rifle” clause is section 11A Firearms Act 1968
“Borrow” and “Loan” are not particularly defined in law, but in any form of agreement it implies that you as the lender retain ownership of the asset and that lender will use and return it at some point - often predetermined - in the future. In many cases, borrowing or lending an asset is associated with charging a fee for the use of the asset. If you borrow money you certainly are charged fees for doing so.
Going back to the RFD bit, an RFD can certainly rent you a rifle provided you have an FAC or a Visitors Certificate with the ability to acquire a rifle in the UK. An RFD ticket gives you the ability to buy and sell, manufacture, repair, alter and test firearms. It doesn’t give the ability to use firearms or shotguns for every day shooting - its why most RFDs and their servants will their own FACs and SCs and their own guns and rifles entered.
Thus a guide taking a guest out under Section 11A will have his own FAC for the rifle and the rifle will be used under his supervision, so the whole question of RFD bit is somewhat moot.
There is however no definitive definition of testing so when developing new ammunition for example testing will involve testing on live quarry for terminal effect, and an RFD could ask his client ti test the rifle to test for fit and accuracy etc.
So an FAC holder, who also holds the stalking rights can lend his rifle to a client who is the borrower. There is no mention of whether he can or cannot charge for the lend of the rifle within section 11A.
Section 11A does however allow for the borrower to purchase ammunition and have it in his possession whilst he is using the rifle, so if I was being particularly pedantic I would make a charge of £60 for the ammunition and for cleaning the rifle, rather than charging for the rent of the rifle.
Over the course of a stalking session a guest could easily have a few shots on the target, plus a few shots on the hill, especially if shooting hinds. Given the price of ammo, and the fact that for most estates a round trip to the nearest gunshop is a few hours and tens of miles, £60 for the ammo used would be perfectly reasonable.
