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Gun Barrel Proof Act 1868

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[F1131 Convention proof marks: proceedings for offences.E+W+S+N.I.

(1)Subject to subsection (2) below, in any proceedings for an offence under this Act it shall be for the defendant or, in Scotland, the accused to show that any exemption under section 130 of this Act is applicable to the case.

(2)Subject to subsection (3) below, a person shall not be convicted of an offence under this Act by virtue of any withdrawal of exemption under section 130(4) of this Act unless it is shown that he knew at the time when the offence is alleged to have been committed that the exemption had been withdrawn.

(3)Subsection (2) above does not apply in any case where the defendant or, in Scotland, the accused was at the time when the offence is alleged to have been committed a gun maker or gun barrel maker, or a maker of or dealer in small arms or barrels, or in any parts for small arms or barrels.

(4)For the purposes of any proceedings for an offence under this Act a document purporting to be a copy of the register or of any document published by the Permanent International Commission amending the register shall be evidence (and, in Scotland, sufficient evidence) of the contents of the register at any time on or after the date on which the document in question purports to be published.]

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Amendments (Textual)

F1Ss. 129-131 substituted (5.6.1980) for ss. 129-137 (with savings for ss. 129, 132) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Schs. 1, 2; S.I. 1980/640, art. 2

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