Gun Barrel Proof Act 1868

122 Offences involving Penalties. U.K.

Every Person committing any of the following Offences shall [F1 be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine]; to wit,

(1.) Every Person selling or exchanging, or attempting to sell or exchange, or exposing or keeping for Sale or Exchange, or exporting or keeping for Exportation from [F2 the United Kingdom], or importing into [F2 the United Kingdom] or attempting to export or import from or into [F2 the United Kingdom], or having in his Possession (without lawful Excuse, the Proof whereof shall be upon him,) any Barrel having thereupon any Mark of any forged or counterfeit Stamp or Part of a Stamp heretofore or now or hereafter provided or used by either of the Two Companies for marking any Barrel, or having thereupon any forged or counterfeit Mark or Imitation of a Mark of any Stamp or Part of a Stamp so provided or used, or having thereupon any Mark of any Stamp or Part of a Stamp so provided or used, such Mark having been transposed or removed thereto from any Part of the same Barrel or from any other Barrel,F3 ...:

(2.) Every Person pawning or pledging, or attempting to pawn or pledge, or taking in Pawn or Pledge (without lawful Excuse, the Proof whereof shall be upon him,) any Barrel having thereupon any Mark of any forged or counterfeit Stamp or Part of a Stamp heretofore or now or hereafter provided or used by either of the Two Companies for marking any Barrel, or having thereupon any forged or counterfeit Mark or Imitation of a Mark of any Stamp or Part of a Stamp so provided or used, or having thereupon any Mark of any Stamp or Part of a Stamp so provided or used, such Mark having been transposed or removed thereto from any Part of the same Barrel or from any other Barrel,F3 ...:

(3.) Every Person selling or exchanging, or attempting to sell or exchange, or exposing or keeping for Sale or Exchange, or exporting or keeping for Exportation from [F2 the United Kingdom], or attempting to export from [F2 the United Kingdom], any Small Arm, the Barrel or Barrels whereof are not under the recited Act or this Act duly proved and marked as proved,F3 ...:

(4.) Every Person importing into [F2 the United Kingdom] any Small Arm, the Barrel or Barrels whereof are not under the recited Act or this Act duly proved and marked as proved, who shall not within Seven Days next after the Arrival of such Small Arm in [F2 the United Kingdom] give Notice in Writing of such Arrival to the Proof Master of each of the Two Companies, or who shall not within Twenty-eight Days next after such Arrival send the Barrel or Barrels of such imported Small Arm to the Proof House of One of the Two Companies for Proof thereat according to this Act,F4 ...; provided that the Enactment contained in this Subsection shall not apply to any Small Arm imported by any Person for his own personal Use while it is his own Property, the Proof whereof shall be upon him:

(5.) Every Person pawning or pledging, or attempting to pawn or pledge, or taking in Pawn or Pledge, any Small Arm, the Barrel or Barrels whereof are not under the recited Act or this Act duly proved and marked as proved, or, where any Small Arm is pawned or pledged contrary to this Subsection, selling or disposing of or attempting to sell or dispose of the Pawn Ticket or other like Document taken on the pawning or pledging of such Small Arm,F3 ...:

(6.) Every Person fraudulently erasing, obliterating, or defacing, or fraudulently causing to be erased, obliterated, or defaced, from any Barrel, any Mark of any Stamp or Part of a Stamp heretofore or now or hereafter provided or used by either of the Two Companies for marking Barrels,F3 ...:

(7.) Every Person delivering or sending or causing or procuring to be delivered or sent for Sale or Exchange, or, under any Pretence of or in connexion with any Attempt at Sale or Exchange, or removing, consigning, or transmitting, or causing or procuring to be removed, consigned, or transmitted for Sale or Exchange, or under Pretence of or in connexion with any Attempt at Sale or Exchange, any Small Arm, the Barrel or Barrels whereof are not under the recited Act or this Act duly proved and marked as proved,F3 ...

Textual Amendments

F1 Words in s. 122 substituted (1.12.1978) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Sch. 3 para. 11(a); S.I. 1978/1587, art. 2, Sch.

F2 Words in s. 122 substituted (1.12.1978) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Sch. 3 para. 11(b); S.I. 1978/1587, art. 2, Sch.

F3 Words in s. 122 repealed (1.12.1978) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Sch. 3 para. 11(c), Sch. 4

F4 Words in s. 122 repealed (1.12.1978) by Gun Barrel Proof Act 1978 (c. 9), s. 9(3), Sch. 3 para. 11(d), Sch. 4; S.I. 1978/1587, art. 2, Sch.