From:   "Alex Hamilton", [EMAIL PROTECTED]

This is a copy of a letter received by a member of my club in connection
with his long outstanding claim for a variety of spare parts for his
1911 and other pistols.  Things like ambidextrous safety, replacement
recoil springs, recoil buffer etc.

The claim has been thrown from Home Office to Thames Valley Police and
back again, the argument being that the H.O. refused to pay compensation
and the police refused to hand back the parts, so they have the parts
and the money and my friend has nothing.

Reading the second paragraph, it would appear that Chief Constables can
now declare any part of a prohibited firearm also prohibited even though
it was not subject to firearm certificate before the 1997 Act!
Furthermore, these decisions do not have to be consistent across the
Country, but are left at the discretion of each Chief Constable!

So, had I removed the wood grips of my late Luger to mount them on a
board for display on a wall in my office to remember the age when we had
a semblance of democracy and freedom, I could be breaking the law
depending on how my Chief Constable views such sentimental rubbish!

Perhaps a fellow Cybershooter, better legally qualified than I, would
suggest appropriate answer to the letter enclosed below?

Many thanks,

Alex.

Dear ....

Thank you for your letter of 23rd May.


The compensation scheme does not provide compensation for spare parts of
guns, other than for other than for prohibited major component parts
appearing on Firearm certificates, namely barrels, slides, cylinders
acid frames. The Government announced before the start of the surrender
period for large calibre handguns that registered firearms dealers could
apply for an ex gratia payment outside the terms of the scheme for their
stock of smaller spare parts, such as springs, triggers and hammers,
provided they were surrendered in quantities of 10 or more. 'this was
done in recognition of the fact that some dealers might hold large
numbers of these items in stock, and would no longer have a market for
them following the ban on handguns. The arrangement did not extend to
individual claimants, who are unlikely to hold these parts in commercial
quantities and so no compensation is payable to individual in respect of
these items.

It is for individual chief officers of police to decide whether a
particular part of a firearms should now be regarded as a component part
of a prohibited firearm arid thus prohibited in its own right. Where
such a view is reached, the police would normally retain the item in
question so that it may be destroyed and it would he open to the owner
to challenge the police decision through the courts. Whatever the
outcome, it does not alter the fact that these items do not qualify for
compensation under the firearms surrender schemes, as they were not
prohibited parts held on certificate at the time of surrender.

I ant sorry I am unable to more helpful,

Yours Sincerely

Mary Mckenna
--
Well, they're both wrong, but like she says the only real course of
action is the courts.

I do think however if he wanted the parts back it's possible to get
the Home Office to convince TVP that they have incorrectly interpreted
the law.  (The alternative as far as TVP is concerned is that they have
to hold onto the parts forever, because the owner is contesting the
decision).

The Home Office view is that "component part" means a pressure-bearing
component of a firearm, and obviously recoil springs and so on are
not.  Essentially barrels, slides, bolts, cylinders, some frames
and possibly a few other bits are covered.

The problem is that the FCS knows that no-one is going to sue them
over half a dozen small parts that are worth maybe 50 quid at the
outside.  If Steed is successful I think the plan of action should be
to sue the HO for interest and also include a claim for those parts
not compensated for at the same time.

Steve.

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