Purchasing Firearms
The sale at auction of shotguns and small arms
Care should be taken in accepting small arms for sale, because under the Gun Barrel Proof Acts of 1868 to 1978, it is an offence to sell or offer for sale by auction or otherwise, any small arm, i.e. shotgun, rifle, revolver, pistol or other firearm, unless it bears lawfully impressed and valid proof marks.
Caveat emptor does not apply if the arm is unproved. It must be emphasised that the sale of unproved arms between auctioneers and registered gunsmiths or dealers, is as much an offence under the Act as is the more obvious offence of selling an unsafe and unproved gun to a member of the public.
The Act makes no distinction between trade, auctioneers and the public. The offence is absolute!
All arms made in Great Britain are proved and marked at either the London or Birmingham Proof Houses prior to sale to the public. Valid proof marks of certain other countries with which reciprocal agreements are in force, also legalise sale in this country.
All ex-military arms proofed by the Government Arsenals must pass the civil proof tests, prior to sale to the public. Following privatisation of small arms manufacturers in 1982, all small arms were subject to proof by the British Proof Authorities and do not require reproof.
There is no provision in Proof Regulations to permit the sale of unproved arms as ornaments, nor is there any exemption for antiques.
Used small arms, particularly shotguns, may appear properly proved and marked, but may have been weakened and the proof marks rendered invalid, by enlargement of the bore to remove rust or pitting or by other material alterations. This is not uncommon. Special equipment and knowledge of the subject are necessary to determine whether proof marks are valid or otherwise.
The advice of the Proof Authorities as to the disposal of guns bearing proof marks, where barrels are beyond repair, (and it is understood that this is already the practice in many auction sales specialising in arms), is that the stock, action and fore-end may be sold, but the barrels may not.
Where the barrels are repairable and can be reproved, this must be done prior to sale.
A certificate is available, on payment, from either Proof House for guns which are not to be used, as for example antiques or collectors items, which cannot be proved, as where no ammunition is available.
An increasing number of complaints is being received, of the unlawful sale of small arms at auction - at times in condition dangerous to the user. Recommendation is made that auctioneers take expert advice before offering small arms for sale. The Proof House will give every reasonable assistance but must warn that they will institute proceedings where offences are considered to justify such action. The auctioneer, the owner of the arm and the person submitting the arm to auction bear equal responsibility at law.
Notes on the purchase of second hand shotguns
The purchase of a second hand shotgun involves somewhat similar risks to those incurred in the buying of a second hand motor-car, or an expensive second hand watch. Each to a degree is the product of skilled craftsmen, and in none is it a simple matter for the layman to detect every defect or weakness.
To suggest that one should go to a reputable gunsmith or dealer and buy the best gun one can afford may be sound advice, but it is cold comfort to those who really cannot afford a good second hand gun or to those who may be tempted to purchase a second hand gun from an acquaintance, in the market place, at auction or sale room or even at the local tavern.
When contemplating the purchase or sale of a used gun, check must be made that the proof marks remain valid. Proof marks indicate the soundness of the gun when it was last proved, but the gun may have been so altered that it is unproved in its present state, although the proof marks remain.
The incidence of VAT on new guns added to their already high cost. This has placed a premium on the better class of second hand guns so that there are many cheaper, old guns being offered for sale, which in more normal times, would have been considered past further service.
Where purchase is contemplated from sources other than reputable gunmakers, gunsmiths or dealers, it is suggested that the gun be submitted to a reputable gunmaker for report on its condition prior to completion of the transaction. Where difficulty is experienced in obtaining such a report, request may be made to one of the Proof Houses for advice as to whether or not the gun is or is not in a fully proved condition. However, the Proof House should not be expected to advise as to mechanical condition, quality or value.
