Re-spraying my gun now I have my UKARA?
- Thread starter swingledingle
- Start date
LightningCh
Members
- Dec 1, 2017
- 464
- 77
Keeping secrets from the law!!?? ?
Could you imagine the conversation though
"Officer, Officer! I want to report someone online for manufacturing a RIF!! Their name is swingledingle and, and... They hung up on me..."
??
swingledingle
Members
- Aug 6, 2018
- 40
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- Thread starter
- #23
Rogerborg
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- Aug 22, 2017
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Painting an IF into a RIF often gets referred to as potentially manufacturing a RIF as it falls within the paragraph headed “Manufacture import & sale” but has its own specific line with “modify” which would include painting an IF made with brightly coloured plastic or removing the paint of a RIF that had been rendered two tone by the retailer.
Section 36 is followed by the defences in section 37. Therefore it’s quite clear cut that a UKARA registered player has a valid defence to turn their preUKARA IF into a RIF for them to continue to play at insured sites etc
My memory of the original bill was that repainting / modifying an IF into a RIF was a specific offence and the defences applied to manufacture/imports/sales/purchases didn’t apply. I will sometimes refer to that before double checking and find myself to now be wrong. I may just be wrong or the offence paragraph moved at some point from bill to act or a subsequent amendment.
Theres also a reference to painting in the FAQs from this forum, so I’m going to assume that I was right and the legislation has changed .... or it depends on circumstances
It can be called a grey area either for that same reason, or that the person saying so doesn’t want any responsibility for the advice they give.
There is a line of responsibility that moves depending on which offence under the act.
Retailers are responsible at the point of sale, not the buyer, hence the UKARA process to document reasonable checks on the buyers intent. There is no comeback on the player (unless they are up to something that results in confiscation and other offences)
Modifying / painting is typically conducted by the player and the fines are their repsonsibility.
UKARA is only a scheme and not a legal requirement, therefore to the letter of the law it would be legal for a player to buy an IF and to modify it on receipt provided that is for the purpose of skirmishing on genuine sites with the appropriate insurance etc in place.
Very few people are going to say that is OK as they have no idea what the real intent is and whether a court would stick purely to that.
Courts tend to stick to the letter of the law, but a judge can interpret the intent of the legislation, both prosecuting and defending lawyers will also interpret and present their cases as to whether circumstances apply or not.
As the OP is now registered with the UKARA, if they intend to continue to play at proper sites and don’t act like a dick then there won’t be a need to take it to court to decide
36Manufacture, import and sale of realistic imitation firearms
(1)A person is guilty of an offence if—
(a)he manufactures a realistic imitation firearm;
(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;
(c)he sells a realistic imitation firearm; or
(d)he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.
(2)Subsection (1) has effect subject to the defences in section 37.
Section 36 is followed by the defences in section 37. Therefore it’s quite clear cut that a UKARA registered player has a valid defence to turn their preUKARA IF into a RIF for them to continue to play at insured sites etc
My memory of the original bill was that repainting / modifying an IF into a RIF was a specific offence and the defences applied to manufacture/imports/sales/purchases didn’t apply. I will sometimes refer to that before double checking and find myself to now be wrong. I may just be wrong or the offence paragraph moved at some point from bill to act or a subsequent amendment.
Theres also a reference to painting in the FAQs from this forum, so I’m going to assume that I was right and the legislation has changed .... or it depends on circumstances
It can be called a grey area either for that same reason, or that the person saying so doesn’t want any responsibility for the advice they give.
There is a line of responsibility that moves depending on which offence under the act.
Retailers are responsible at the point of sale, not the buyer, hence the UKARA process to document reasonable checks on the buyers intent. There is no comeback on the player (unless they are up to something that results in confiscation and other offences)
Modifying / painting is typically conducted by the player and the fines are their repsonsibility.
UKARA is only a scheme and not a legal requirement, therefore to the letter of the law it would be legal for a player to buy an IF and to modify it on receipt provided that is for the purpose of skirmishing on genuine sites with the appropriate insurance etc in place.
Very few people are going to say that is OK as they have no idea what the real intent is and whether a court would stick purely to that.
Courts tend to stick to the letter of the law, but a judge can interpret the intent of the legislation, both prosecuting and defending lawyers will also interpret and present their cases as to whether circumstances apply or not.
As the OP is now registered with the UKARA, if they intend to continue to play at proper sites and don’t act like a dick then there won’t be a need to take it to court to decide
36Manufacture, import and sale of realistic imitation firearms
(1)A person is guilty of an offence if—
(a)he manufactures a realistic imitation firearm;
(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;
(c)he sells a realistic imitation firearm; or
(d)he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.
(2)Subsection (1) has effect subject to the defences in section 37.
Rogerborg
Supporters
- Aug 22, 2017
- 9,190
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I would, and I have, and I've said as much to a copper. The fretting over obscure VCRA S36 offences from folk who cheerfully commit overt FA S19 offences every weekend without a care in the world never fails to tickle my giggler.
E21A
AF-UK patch owner
- Jan 1, 2018
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swingledingle
Members
- Aug 6, 2018
- 40
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- Thread starter
- #28
Well it’s all done! And I must say, for a first time it didn’t turn out that bad!
As you can see im very happy for myself!
View attachment 39772
As you can see im very happy for myself!
View attachment 39772
Smug woman with a gun
what more could a man ask for or run away from?
Ps nice touch on the magazine, that’s how things were painted before the Americans turned up wanting pretty colour finishes
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