Commentary on Sections Part 2: Weapons etc. Section 32: Sales of air weapons by way of trade or business to be face to face
222.This section makes it an offence to sell air weapons by way of trade or business other than face to face. Subsection (1) applies the offence to sales by way of trade or business to an individual in Great Britain who is not a registered firearms dealer. Subsection (2) makes it an offence to transfer possession of an air weapon to the buyer otherwise than when both the buyer and either the seller or his representative are present in person. Subsection (3) defines a “representative” as someone employed by the seller, or another registered firearms dealer (or his employee) authorised to act on the seller’s behalf. This allows an air weapon to be sent from one registered firearms dealer to another to make the final transfer in person to the buyer. This enables someone to buy an air weapon from a dealer in a distant part of the country without one or other party to the transaction having to make a long journey, while still preserving the safeguards of a face-to-face handover.
223.Subsection (4) makes the offence a summary offence with a maximum penalty of 51 weeks imprisonment or a £5,000 fine, or both. Subsection (5) sets the maximum term of imprisonment to 6 months but this will increase to 51 weeks in England and Wales after the commencement of the sentencing provisions in section 281(5) of the Criminal Justice Act 2003.