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(1)This section applies where a person sells an air weapon by way of trade or business to an individual in Great Britain who is not registered as a firearms dealer.
(2)A person is guilty of an offence if, for the purposes of the sale, he transfers possession of the air weapon to the buyer otherwise than at a time when both—
(a)the buyer, and
(b)either the seller or a representative of his,
are present in person.
(3)The reference in subsection (2) to a representative of the seller is a reference to—
(a)a person who is employed by the seller in his business as a registered firearms dealer;
(b)a registered firearms dealer who has been authorised by the seller to act on his behalf in relation to the sale; or
(c)a person who is employed by a person falling within paragraph (b) in his business as a registered firearms dealer.
(4)A person guilty of an offence under this section shall be liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both; and
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.
(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) of this section to 51 weeks is to be read as a reference to 6 months.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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