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.