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and what are the actual physical characteristics of a gun which "fails proof" after the proof test?

Hi, great questions. Answers as I believe them...

1. What are the ramifications in England of a gun "failing proof"?
You can't sell or use it legally.

2. Does that mean it can't be legally sold?
Correct. It is illegal to seel such a gun. Gun Dealers can hold them though.

3. Does a seller have to refund the purchase price?
Almost certainly. But not sure on legal ramifications. Dig or Toby, someone else is sure to give you a proper answer.

4. What if it was purchased at auction?
It is illegal to sell a gun at auction out of proof.

5. Can the owner legally shoot/hunt with an out-of-proof shotgun?
If you own it yes. At your own risk. Guns fall out of proof through normal use.

6. Would a hunt club or public shooting range prohibit its use?
How would they know?

3. If anybody sells a gun out of proof in the UK, they commit an offence. The gun is clearly not 'fit for use' and would therefore fall foul of Trading Standards laws. any dealer would certainly be better off quietly refunding the money, a private individual may be harder to deal with but ultimately could be threatened with the law for having committed an offence by selling an out of prof gun.

However, if you submit a gun to proof and it fails, you wear the cost.

What a nice looking gun! Is there a reason I don't see or missed that it may not pass proof? I think it is a beautiful gun.

It's a black powder only atm. But the barrels are steel. The risk is that it has some pits so I've taken a real punt with it. All down to my barrel man Monday! Whos is a wizard!
T

Hey, Dig, do Birmingham proof house re-proof using Black Powder ifn you ask for it so it stays like that and doesn't risk full proof? I wonder..

Kirby Foote has listed for sale a 28 ga English hammer double with text to the effect that finding English hammer 28s is about as common as finding fresh horse-leavings under the back end of a wooden hobbyhorse.

Looks like you found a good one here, Tony - did that rarity angle have any weight in your decision to buy this gun?

AND looks to have a nice piece of wood, in proper straight-grip format. Heel and toe plates too Tony?

Birmingham and London proof will reproof for black powder .They will only reproof if the gun was originaly black powder .

Hammerguy, yes I think the wood under there is nice. It's got something you know. The barrels are clearly the risk. It's one I have to take...otherwise I might consider sleeving it.

Gunman thanks for the confirmation. I'm guessing there isn't a lot of difference pressure wise.