How inaccessible does the law require BSA Ultra power adjustment to be?

[DaveP796]

My own thinking is that if I need to use a tool to access the critical screw then I should be in the clear (unless it tests hot...) even if a suitable tool resides in my bag - which it does as I also need it to check the security of my scope.
But I've recently read comments by another member who inclines inclines to the opposite extreme, and feels it better to remove the entire hammer spring adjustment unit and adjust it from the inside, leaving the cap "glued" in place.

I would like to make it clear that I have no criticism of anyone going the extra mile in order to be confident of being legal. I'm just wondering if my own approach is foolhardy...

 

[Ade C]

People tend to get hysterical about stuff like this. Don't worry about it. If it's under then no worries

 

[Stockscrew]

I do not believe inaccessability comes into the matter. It is something introduced by manufacturers as anti tamper measures in an attempt to prevent the power levels being raised. If your gun is producing below 12 fpe should it be tested then it is legal and there is nothing else to it.

 

[That hurts]

Just remove the AT and shoot the rifle

 

[Patrick]

As far as i know there is no actual legal requirement. Anti tamper was something created by airgun manufacturers who are members of the AMTA( Airgun Manufacturers & Traders Association) to stop owners or make it difficult for owners to alter the power limit on PCPs as they are easier to increase the power limit on as opposed to spring guns
If your gun has anti tamper fitted then there's nothing legally to stop you removing it and for PCP owners who do their own maintenance they almost certainly have as you would need to to gain access to the gun's internals.
Unless the gun is faulty in some respect or need servicing and needs to be dismantled then it's perhaps a wise precaution to leave the anti tamper device in place because in the highly unlikely event that your gun was tested for some reason and found to slightly over then one could perhaps use that as a defence in as much as you could say that the gun was as it came from the factory and has never been dismantled and you were therefore unaware that it was over as there is no statutory legal requirement for an owner to have a gun tested.
Yes i know it's the owners responsibility to make sure the gun complies with the law and if it doesn't it could render them liable to prosecution so i don't want to start a whole new and lengthy discussion on that aspect.
I'm simply just pointing out why it might be an advantage to leave any anti tamper device in place unless it has to removed for some reason.

 

[jefL]

The law doesn't say anything about it, it just says "capable of" without amplification. It would take a court decision to define it and I don't think one has come up yet. We are thus totally at the mercy of the police/cps as to what can be considered capable. Common sense would suggest that the use of a tool/tools would be sufficient but unfortunately each individual's opinion would be different so what in one area would be ok may not be in another area.
There is bu**er all anyone can do about it so just keep it below 12 and shoot the thing.

 

[jefL]

As for anti-tamper, it won't save you. The offence is "absolute" and if your gun is over you have no defence. All anti-tamper might do is help in mitigation of sentence, but won't stop conviction if the CPS decide to proceed.

 

[Pg339]

I'm sure the specifications of BSA sub 12 rifles are within the law when they leave the factory. Why would anyone want to make something more inaccessible than it already is?

 

[Sarge]

I would think if you are not doing anything silly or have had an accident where someone else was injured/property damaged then it will be very unlikely your rifle will ever be tested.
I have heard many scare stories about this but never heard of anyone minding their own business having their rifles tested.

 

[DaveP796]

The law doesn't say anything about it, it just says "capable of" without amplification. It would take a court decision to define it and I don't think one has come up yet. We are thus totally at the mercy of the police/cps as to what can be considered capable. Common sense would suggest that the use of a tool/tools would be sufficient but unfortunately each individual's opinion would be different so what in one area would be ok may not be in another area.
There is bu**er all anyone can do about it so just keep it below 12 and shoot the thing.

That's basically my own view, and the way I plan to proceed. I'm asking in case case law has moved along further than I was aware of.

 

[That hurts]

I'm sure the specifications of BSA sub 12 rifles are within the law when they leave the factory. Why would anyone want to make something more inaccessible than it already is?

Nope ... seen quite a few over the years well over the limit straight from the box, which has necessitated removal of the AT

 

[jefL]

I'm asking in case case law has moved along further than I was aware of.

Not that I'm aware of.

 

[DaveP796]

As for anti-tamper, it won't save you. The offence is "absolute" and if your gun is over you have no defence. All anti-tamper might do is help in mitigation of sentence, but won't stop conviction if the CPS decide to proceed.

Absolutely... I agree. The buck stops here

 

[Trumpetier]

People tend to get hysterical about stuff like this. Don't worry about it. If it's under then no worries

 

[colinb]

The major use of anti-tampers is to invalidate your warranty and save manufacturers money.

 

[Pg339]

Nope ... seen quite a few over the years well over the limit straight from the box, which has necessitated removal of the AT

I would well believe that. I was referring more to the specification of the anti tamper on BSA rifles. I don't see how removing the hammer spring adjustment unit would make it any more "legal" than leaving it in place. Post #2 by @Ade C sums it up really.

 

[Patrick]

As for anti-tamper, it won't save you. The offence is "absolute" and if your gun is over you have no defence. All anti-tamper might do is help in mitigation of sentence, but won't stop conviction if the CPS decide to proceed.

Correct but being an absolute offence doesn't automatically mean a prosecution will follow. Whether the police and the CPS decide to prosecute will depend on why the gun was tested, whether there is any evidence that the gun's power has been deliberately increased or not.
If you've committed some other offence with it and/or they can see that the gun has been deliberately altered tampered with with the purpose of increasing its power then you can be certain that a prosecution will follow as why would they prosecute you for one offence if they can prosecute you for two.

 

[Patrick]

I would think if you are not doing anything silly or have had an accident where someone else was injured/property damaged then it will be very unlikely your rifle will ever be tested.
I have heard many scare stories about this but never heard of anyone minding their own business having their rifles tested.

The only case i've heard of is where someone made a serious false allegation about someone which has involved the use of an airgun. R10 Hunter(Andy) a member of the old forum and a gamekeeper had some women accuse him of threatening to shoot her or her dog when she was walking it on land where he worked and where she shouldn't have been, she wasn't on the footpath where she should have been and he pointed that out to her and told her to keep to the foot path. She took umbrage over that and complained to the police saying that he threatened to shoot her or her dog.
Needless to say he got a visit from the police and his guns were confiscated while the complaint was investigated and i believe his air rifle was tested.
But after investigating the police found it was all a tissue of lies and that the women had form for that sort of thing as she had made a similar/false accusation about someone else on a previous occasion.
I would think most police forces in this country have more important and pressing things to worry about other than whether someone's airgun is doing 12ft.lbs or less. I can't imagine it come very high on their list of priorities and certainly not where law abiding owners are concerned.

 

[Hotwired]

If you rig the gun to require significant interference and make a record of it then that's the best you can do. If the gun can be adjusted with a screwdriver and someone adjusts it with a screwdriver, was anything really stopping them...

 

[Bighit]

Emma ( cubley cat ? Sniper cat ) had her airguns tested after so diddy dobbed her in for being over the limit . Tested at Ripley airguns for the Police and they were all under 12ftlbs. All because she was shooting at tin cans over 200mts away and hitting them.

You dont need to be doing something silly . It just needs some one to make an accusation and the Police may follow it up as they did in Emma's case.


Edit. video and story here . They were shipped from Ripley to be tested going by the video description.


So now I have proof that my rifles are sub12ftlbs and it just shows the 200meter shots ,distance confirmed by laser rangefinder are real, there ain't no denying its possible (unless you are a complete idiot after all the evidence).We believe someone who has watched my videos and left dumb comments on one of the 200meter shots has been very childish and called the police (the rifles where shipped to Manchester from Ripley and 17 hours were spent testing them at a great cost) because he didn't believe it was possible with a sub12ftlbs air rifle, unlike other doubters who just leave it he obviously couldn't, maybe because he cant shoot him self, who knows! Looser you cost the state a lot of money, shame on you!