UKARA Question

[JapaneseMafia]

It's to the seller to make sure you have a defence to buy it, You would be in the clear. Though someone could gift it you and everything would be legit.

Thats what Im trying to ask say I purchase it abroad where the airsoft laws are more lenient eg Belgium and then bring it back into the UK in a car? Would that be considerd illegal or legal?

 

[Cheeky vimto]

Thats what Im trying to ask say I purchase it abroad where the airsoft laws are more lenient eg Belgium and then bring it back into the UK in a car? Would that be considerd illegal or legal?

It would could down to customs. If they couldn't see a reason for you to have one it'd probably be destroyed. Better off just sticking it out and getting ukara registered and buy in the UK.

 

[Chock]

No. That would not be illegal, although you could understand that obviously there would be questions asked if you walked through the scanners at Heathrow with a RIF in your bag. Specifically, the law on the matter says that it is illegal to import a RIF, unless it is for one of the following reasons:

A It is for the purposes of a museum or gallery;

B It is for the purposes of theatrical performances and of rehearsals for such performances;

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

E It is for 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 It is for the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

Reason E is the one related to airsoft, and the easiest way to demonstrate that, is with a UKARA registration number, which is why people get them. So if you were stopped at Customs, it would obviously be most expedient to say 'here is my UKARA number, go ahead and check it'. I'm willing to bet that it would not be a five minute wait before you got waved through with a cheery smile, but that is nevertheless the law as it stands.

 

[jcheeseright]

It is illegal, importation of a RIF is against the law.

Importation means the item coming from another country into this one, doesn't matter how it gets here, without a valid defence against prosecution you could be prosecuted under the VCRA 2006.

 

[jcheeseright]

No. That would not be illegal, although you could understand that obviously there would be questions asked if you walked through the scanners at Heathrow with a RIF in your bag. Specifically, the law on the matter says that it is illegal to import a RIF, unless it is for one of the following reasons:

A It is for the purposes of a museum or gallery;

B It is for the purposes of theatrical performances and of rehearsals for such performances;

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

E It is for 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 It is for the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

Reason E is the one related to airsoft, and the easiest way to demonstrate that, is with a UKARA registration number, which is why people get them.

It is absolutely illegal, importation is importation!! driving over the border with a RIF is AGAINST THE LAW. Even for those of us with a valid defence, it is still illegal, it's just that defence means that you cannot be prosecuted for breaking that law, doesn't mean we're not breaking it!

 

[JapaneseMafia]

So if I were to drive onto a ferry in my car from france to dover that would still be considerd illegal? I also dont think that they will search the car untill they find the RIF

 

[jcheeseright]

So if I were to drive onto a ferry in my car from france to dover that would still be considerd illegal? I also dont think that they will search the car untill they find the RIF

Yes, illegal, not 'considered illegal', actually properly written down in law illegal, as in against the law.

IMPORTING A RIF IS AGAINST THE LAW.

Regardless of your chances of being caught, it is still a crime.

 

[JapaneseMafia]

And if it were dissasembled :blink:

 

[Chock]

It is absolutely illegal, importation is importation!!

Nope, you are wrong on this point. The VCR Act is quite specific in that regard. The section below where it says it is illegal is not a sweeping statement in isolation, it is followed by this wording: 'Subsection (1) has effect subject to the defences in section 37'

The defences in Section 37 are the ones I listed. These therefore negate the ability to prosecute if one is importing a RIF if one can legitimately offer one of those defences listed. That is why it says that the legality/illegality of the matter is subject to those Section 37 defences.

If this were not the case, all the airsoft retail sites in this country which were importing and selling RIFs would be breaking the law, and they are not, because they ask for a UKARA to ensure their supplying of the RIF was pertaining to a Section 37 defence. That is why they ask for it, they do not have some magical commercial waiver that we do not.

 

[jcheeseright]

Nope, you are wrong on this point. The VCR Act is quite specific in that regard. The section below where it says it is illegal is not a sweeping statement in isolation, it is followed by this wording: 'Subsection (1) has effect subject to the defences in section 37'

The defences in Section 37 are the ones I listed. These therefore negate the ability to prosecute if one is importing a RIF if one can legitimately offer one of those defences listed. That is why it says that the legality/illegality of the matter is subject to those Section 37 defences.

read the actual act:

Manufacture, 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;

©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.

 

[Mack]

Fuck me would you quit trying to find fucking loopholes and just abide like the rest

 

[JapaneseMafia]

Thanks I appreciate all the help It would be easier just to get a defence then go against the law. This is all i wanted to know

 

[Sitting Duck]

uhm isn't what you are suggesting SMUGGLING ???

so in effect you would be in deeper $hit if caught ???

not having a go but what you are asking is a way round to dodge the regulations

and further more sneakily hiding or smuggling a RIF into UK

but at same time asking if that could be deemed legal ???

even if we all said it would be fine - which it ain't

no customs/judge is gonna think that would be legit

good luck if you get caught

much easier to get ukara

we may not all 101% agree with vcra but we abide by the rather easy & simple steps

that way we can continue to enjoy playing with our toy guns

it "may" seem bollox but what rules and regulations are perfect

fact is we abide by it and by doing so we can continue

Go to Australia - it is still banned there to the best of my knowledge

now that is bollox but thankfully we ain't down under

Aussies can't even get a 2-tone to repaint ffs

 

[jcheeseright]

Point D specifically there.

As for the OP, I strongly suggest you have a read of this:

http://www.legislation.gov.uk/ukpga/2006/38/section/36

It's the law you'll be breaking, there's a nice bit at the bottom about sentencing.

 

[Chock]

read the actual act:

Manufacture, 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;

©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.

Read the bit below that part of the Act. And you may not mean to be rude, but you seem to manage it quite well anyway.

 

[JapaneseMafia]

I think that im not naive enough not to listen to expert advice from you guys so offcourse im not going to smuggle or do anything illegal. Ive had first hand experiance with the law at heathrow this winter whilst having a airsoft gun in my checked bag without declaring it the heathrow police came to have a chat but as soon as i showed that they were just 'toys' they were smiling away. (Unfortunately the plane was delayed by a half hour but defiantly not my fault that they had to take my bag from the aeroplane and check it <_< )

 

[Chock]

Frankly, if I were considering sticking a RIF in luggage (and in reality I would not, because I don't like the idea of being shot by an air marshall lol), I would be contacting the airport at both ends and the airline concerned too, and probably Customs as well, and only if I got the nod from all concerned would I then be going ahead with doing so.

Just get a UKARA. It'll be a crapload less hassle. Incidentally, in answer to the other question, a RIF being in bits would make no difference whatsoever, since it could obviously be put back together.

 

[Sitting Duck]

if that is correct then it was your fault coz you could/should have declared it

by not doing so or not informing people YOU created the problem that could have been avoided

alas if you failed to learn from that experience then I doubt if you ever will

 

[Cheeky vimto]

I think that im not naive enough not to listen to expert advice from you guys so offcourse im not going to smuggle or do anything illegal. Ive had first hand experiance with the law at heathrow this winter whilst having a airsoft gun in my checked bag without declaring it the heathrow police came to have a chat but as soon as i showed that they were just 'toys' they were smiling away. (Unfortunately the plane was delayed by a half hour but defiantly not my fault that they had to take my bag from the aeroplane and check it <_< )

I always see stuff like this on 'customs' type shows. I remember one guy in Australia had the whole arrival area evacuated because of a belt buckle in the shape of a grenade. I always what kind of person does that... Haha

 

[Chock]

Yup. I once brought a 20 foot long braided leather bullwhip back from Spain, for a former girlfriend who collected them (don't ask lol). I walked through Customs in Spain with it wrapped in thin tissue paper, and was duly stopped by them.

'You cannot have that in the cabin senor, since it is classed as a weapon.' say they.

'How could I hijack an airliner with a whip? Who do you think I am, Indiana Jones?' say I.

Customs do not like jokes by the way.

So, the whip had to be handed to a Cabin Crew member for the duration of the flight.

Now, picture the scene. There I am coming off the plane at Manchester airport, and I pass through Customs, and there is my girlfriend waiting for me, I walk across the concourse toward her, when this drop dead gorgeous stewardess who I had been chatting to on the flight back comes running up to me, shouting 'Al, Al, you forgot your whip!'