1-1 Variation Costs?

[Tiff]

Due to our village not having a post office anymore and time constraints etc. the firearms department received my 1-1 variation in 8 days. As such they are requesting a £26 fee, since they claim there is a 7 day limit on 1-1 variations being free.

 

The firearms guidance to the police 2002 section 10.51 states:

 

“One for one” variation refers to

firearms that are authorised to be acquired

at the same time as one is being disposed

of. For practical purposes this is normally

taken to be within seven days. The use

of authorities which can be kept open

indefinitely should be discouraged.

Applications for “one for one” variations

should be made by the certificate holder

submitting their firearm certificate together

with a completed form 101 to the police

firearms licensing department. Such variations

are processed free of charge.

 

So can they charge me?

 

Cheers Tiff

[provider]

This would normally be done for free mate but they seem to make up the rules as they go.

[TonyH]

Due to our village not having a post office anymore and time constraints etc. the firearms department received my 1-1 variation in 8 days. As such they are requesting a £26 fee, since they claim there is a 7 day limit on 1-1 variations being free.

 

The firearms guidance to the police 2002 section 10.51 states:

 

“One for one” variation refers to

firearms that are authorised to be acquired

at the same time as one is being disposed

of. For practical purposes this is normally

taken to be within seven days. The use

of authorities which can be kept open

indefinitely should be discouraged.

Applications for “one for one” variations

should be made by the certificate holder

submitting their firearm certificate together

with a completed form 101 to the police

firearms licensing department. Such variations

are processed free of charge.

 

So can they charge me?

 

Cheers Tiff

I too have a Devon & Cornwall FAC and I've never heard of this supposed requirement or demand. I recently did a one-for-one and acquired a replacement .22 r/f significantly more than seven days before disposing of my original rifle; I'll shortly be actioning another one of the three variations I applied for simultaneously; I just received a letter from Middlemoor relating to the third variation and my request to have this cancelled. No mention at all of this seven day thing. I hope it's just a blip, caused by some newbie in the Firearms dep't, otherwise it could impose great inconvenience as well as unwelcome costs.

TonyH

[weejohn]

I was also told that when i sold my 17hmr that if i wanted to do the 1 for 1 variation i would

need to apply within 7 days otherwise i would lose the entitlement for a free 1 for 1 and

then need to do a sepatate variation which would cost £28.

 

Dumfries and galloway also usually remove the spare slots on the FAC if not purchased

within 6 months of getting permission to acquire them.

[AHPP]

One thing I seem to remember from when I studied at the lofty height of GCSE law was that things count from when you put it in the postbox. There was a great bit of contract caselaw where someone had posted something, it had got lost in the post, the intended recipient sued or something and the chap who posted whatever it was was found to be in the right because he posted it in time.

Obviously you can't take my hazy memory to the bank but it'd be worth asking a legal eagle about it if you have one handy.

 

That, and the fact that your quotation comes from the GUIDANCE document.

[22/250 foxer]

yes thats the way there are doing it now. if you dont do the 1 for 1 in the 7 day time frame you have to pay the fee.

just a way for them to gain a little extra for the xmas party

[baldie]

I always include the variation form with the notification if i want to keep it. They do usually charge after 7 days. Its only in the guidance, but we all know what that means dont we ?

 

However, slots paid for, and NOT filled immediatly CANNOT be legally removed, until the license comes up for renewal. Do not wear that one.

[Tiff]

Thanks for all the replies.

 

Having sent it off (together with the notification forms) 1st class recorded delivery I am a little bit annoyed that it took 3 days in the post to travel 40 miles! However the post office today said that only RMSD is guaranteed - so it was my fault for using the wrong postage option....

 

It looks like I'm going to have to pay, if no one has a definitive legal response I can put to the police.

 

On the up side, if I'm paying for it I'll add a few new guns to the Christmas list.

[SteveW]

 

On the up side, if I'm paying for it I'll add a few new guns to the Christmas list.

 

Every cloud has a silver lining Tiff

[Alycidon]

My force (Northants) told me it had to arrive within 7 days to be free, 8 days and they charge.

 

A

[lancslad]

oh cock............................

 

I thought these were free..............hope my bloody ticket doesnt get sent back asking for a cheque.....I want it back to get my new .22 before xmas...

[English]

As with others I would request my 1-4-1 at the time of notifying them of the disposal that created the slot.

 

I know of people that have lost a slot when they haven't purchased anything at the next renewal. But when I got to this point with the same problem it was because I had no cash due to getting divorced and setting up a new home - they accepted this and let me keep it - the slot was then filled as soon as funds were available.

 

I think I would fight this if I had the time as it is not in the Firearms acts or amendments or the HO guidance and they are making it up on the hoof. The law not only applies to us but also to the police too.

 

Sadly the desire to get your new rifle may well overcome the aggro taking the time and effort to get the variation you need.

 

If you belong to a shooting organisation take it up with them.