Spray painting a two tone airsoft gun

[Rogerborg]

Airsoft skirmishing was added by ‘statutory instrument’, the UKARA scheme was brought in to establish and document a players status as a skirmisher.  But you are underage and cannot obtain that defence yourself.

There is no age limit on Section 37 defences.  Purchasers must be 18+, and the UKARA scheme is open to people 18+, but UKARA is only one way of demonstrating the defence.

This matters because (IMO) the primary risk to airsofters isn't VCRA S36, it's the Firearms Act 1968 S19 possession in public offence - VCRA isn't generally going to be an issue unless your IF/RIF comes to the attention of the State, and that's only likely to happen in public, at which point you're looking at an S19.

S19 requires a "reasonable excuse  (the proof whereof lies on [us])" - i.e. that you're on your way to or from an airsoft skirmish, the same as you'd argue as a S37 defence.

And again, there's no minimum age limit to that reasonable excuse.  If there were, OP would already be a bare gangsta just for travelling to or from site.

 

[CJN09]

I was wondering if I could paint a 2 tone pistol black, I don't go to any airsoft site, it's purely for home use, display purposes, and shooting targets, and tin cans, I don't plan on taking it anywhere, is this legal? Is there an age restriction?

 

[Tommikka]

I was wondering if I could paint a 2 tone pistol black, I don't go to any airsoft site, it's purely for home use, display purposes, and shooting targets, and tin cans, I don't plan on taking it anywhere, is this legal? Is there an age restriction?

None of those activities are recognised to justify a RIF

You would be committing an offence by painting it

For shooting targets it doesn’t matter what colour it is. 
Display isn’t a valid defence for a RIF - whereas you could display a deactivated firearm etc (taking care to not have it overlooked from outside)

You need to be aged 18 to purchase either an IF or a RIF

See Rogerborgs link above for the VCRA legislation 

 

[L3wisD]

@The UKARA Police...

 

[Jasongtr]

Or just get a £25 a year Sportsman Association membership which many retailers accept as your legal defence requirement

 

[Tommikka]

Or just get a £25 a year Sportsman Association membership which many retailers accept as your legal defence requirement

But not necessarily a valid defence.

It's already been stated that his intended purpose is to possess and shoot targets at home.  This is not a valid defence under the VCRA.

The Sportsman Association is a campaign group for shooting sports, and certain memberships cover public liability insurance when in appropriate activities etc.

The £25 membership is only associate (uninsured) or junior membership (under 18)

 

[MiK]

The £50 membership would cover tho - according to the info supplied on their site (last page)

http://sportsmansassociation.co.uk/wp-content/uploads/2013/12/Airsoft-and-the-use-of-RIFs-2.pdf

and if I don’t get out of lockdown by end of February my UKARA will run out...... great living in Leicestershire ;/

 

[Jasongtr]

But not necessarily a valid defence.

It's already been stated that his intended purpose is to possess and shoot targets at home.  This is not a valid defence under the VCRA.

The Sportsman Association is a campaign group for shooting sports, and certain memberships cover public liability insurance when in appropriate activities etc.

The £25 membership is only associate (uninsured) or junior membership (under 18)

If it’s not a valid defence to sell RIF to over 18’s then there are many retailers breaking the law then which I doubt they would run that risk 

 

[Tommikka]

If it’s not a valid defence to sell RIF to over 18’s then there are many retailers breaking the law then which I doubt they would run that risk 

Defences are:

Museum / gallery

Theatrical / film / TV

Reenactment

In service of the crown

Skirmishing (addition under statutory instrument)

Not target shooting.  You can target shoot with a RIF or IF but it is not a valid purpose under the VCRA for the sale of a RIF.

 IF sales are legal without a VCRA defence

https://www.legislation.gov.uk/ukpga/2006/38/section/37
 

2)Those purposes are—

(a)the purposes of a museum or gallery;

(b)the purposes of theatrical performances and of rehearsals for such performances;

(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;

(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.
 

However, if you’re referring to sales of airguns etc for target shooting that’s a different matter. Airguns are low powered air weapons, which is a classification of firearm, and are neither IFs nor RIFs

(The I in IF/RIF is for imitation)

 

[Jasongtr]

So are you saying that a retailer must ask the reason why so don’t may have the Sportsman Association defence because they don’t 

 

[Tommikka]

So are you saying that a retailer must ask the reason why so don’t may have the Sportsman Association defence because they don’t 

No.

I’m saying that retailers should take reasonable measures to verify the defence of a purchaser.

I’m also saying that CJN isn’t a skirmisher, and isn’t a sporting shooter either.

I’m aware of other ‘schemes’ taken by some types of retailers, often trading under names such as ‘BB xxx’

Can you give some examples of ‘many’ reputable airsoft retailers showing that they accept a skirmisher defence that can just be bought?

 

[Jasongtr]

No.

I’m saying that retailers should take reasonable measures to verify the defence of a purchaser.

I’m also saying that CJN isn’t a skirmisher, and isn’t a sporting shooter either.

I’m aware of other ‘schemes’ taken by some types of retailers, often trading under names such as ‘BB xxx’

Can you give some examples of ‘many’ reputable airsoft retailers showing that they accept a skirmisher defence that can just be bought?

These all accept Sportsman Association as a valid legal defence 

Airsoft world

Crawley surplus store

Weekend warriors 

Action hobby 

Just BB guns

Defcon

Fire support

Land warrior airsoft

A2 supplies

 

[Shamal]

These all accept Sportsman Association as a valid legal defence 

Airsoft world

Crawley surplus store

Weekend warriors 

Action hobby 

Just BB guns

Defcon

Fire support

Land warrior airsoft

A2 supplies

Looked on A2 and they dont mention Sporting Association. Not saying they dont but it's not listed.

I didnt know but seems like some suppliers accept UKAPU membership. So I should be ok if my ukara runs out?

Regards 

 

[Jasongtr]

Looked on A2 and they dont mention Sporting Association. Not saying they dont but it's not listed.

I didnt know but seems like some suppliers accept UKAPU membership. So I should be ok if my ukara runs out?

Regards 

All of those definitely accept it, they have either confirmed it to me or it’s on their websites 

 

[Tommikka]

These all accept Sportsman Association as a valid legal defence 

Airsoft world

Crawley surplus store

Weekend warriors 

Action hobby 

Just BB guns

Defcon

Fire support

Land warrior airsoft

A2 supplies

Airsoft world- Not in their terms on the bottom of the page https://www.airsoftworld.net.  JustCos & Sportsman on checkout

Crawley surplus store - UKARA required in terms & on checkout

Weekend warriors Not mentioned in terms https://www.weekendwarriorsairsoft.co.uk/index.php?_route_=Exemptions. But they do include 'collecting' and are open to discuss

Action hobby Not in their terms listed, but JustCos and Sportsman at checkout 

Just BB guns Not here https://www.justbbguns.co.uk/airsoft-law/. JustCos at checkout

Defcon - Not here they don't: https://www.defconairsoft.co.uk/faq/  UKARA or 'valid defence' at checkout

Fire support Cosplay and Sportsman here https://www.fire-support.co.uk/buyingagun.php

Land warrior airsoft Not here https://www.landwarriorairsoft.com/violent-crime-reduction-act-i24 or https://www.landwarriorairsoft.com/terms-conditions-i7 but they are vague about the reference in checkout

A2 supplies - Not here https://a2supplies.co.uk/pages/terms-conditions

When you've contacted them have you described yourself as an air softer, etc? 

They could decide to accept other methods than the UKARA etc, but its up to them for their purposes and the risk of any likelihood of prosecution.

JustCos is entirely non compliant with the VCRA, and RIFs also do not fit in with UK Cosplay event entry terms and conditions.  (Though 'professional cosplayers' with PLI would meet the criteria under theatrical performance

 

[Jasongtr]

Airsoft world- Not in their terms on the bottom of the page https://www.airsoftworld.net.  JustCos & Sportsman on checkout

Crawley surplus store - UKARA required in terms & on checkout

Weekend warriors Not mentioned in terms https://www.weekendwarriorsairsoft.co.uk/index.php?_route_=Exemptions. But they do include 'collecting' and are open to discuss

Action hobby Not in their terms listed, but JustCos and Sportsman at checkout 

Just BB guns Not here https://www.justbbguns.co.uk/airsoft-law/. JustCos at checkout

Defcon - Not here they don't: https://www.defconairsoft.co.uk/faq/  UKARA or 'valid defence' at checkout

Fire support Cosplay and Sportsman here https://www.fire-support.co.uk/buyingagun.php

Land warrior airsoft Not here https://www.landwarriorairsoft.com/violent-crime-reduction-act-i24 or https://www.landwarriorairsoft.com/terms-conditions-i7 but they are vague about the reference in checkout

A2 supplies - Not here https://a2supplies.co.uk/pages/terms-conditions

When you've contacted them have you described yourself as an air softer, etc? 

They could decide to accept other methods than the UKARA etc, but its up to them for their purposes and the risk of any likelihood of prosecution.

JustCos is entirely non compliant with the VCRA, and RIFs also do not fit in with UK Cosplay event entry terms and conditions.  (Though 'professional cosplayers' with PLI would meet the criteria under theatrical performance

I don’t describe myself as anything, I ask if they accept SA membership if their site isn’t obvious, they either reply yes or no, defcon definitely accept it as that’s where I just got my GHK from, I have zero interest and ‘playing’ it was only ever bought as a training rifle for my FAC rifle 

 

[Tommikka]

I don’t describe myself as anything, I ask if they accept SA membership if their site isn’t obvious, they either reply yes or no, defcon definitely accept it as that’s where I just got my GHK from, I have zero interest and ‘playing’ it was only ever bought as a training rifle for my FAC rifle 

Which would mean based on the legislation that an offence may have been committed 

 

[Jasongtr]

Which would mean based on the legislation that an offence may have been committed 

If you say so, my legal defence as offered to the retailer was accepted end of

 

[Shamal]

All of those definitely accept it, they have either confirmed it to me or it’s on their websites 

Ok cool ?

 

[Tommikka]

If you say so, my legal defence as offered to the retailer was accepted end of

The end of is it’s their legal defence