ScoobySnacks
Members
- Jul 20, 2012
- 264
- 0
No, I've not missed your point at all Dev. I understand what you're trying to say, but I don't think it's correct.
Legislation (note, not law, but we won't go there) isn't based on common sense. It's based on written acts of parliament. What is written in an act of parliament is what makes something illegal (again, not unlawful, different concept).
If it is not specifically proscribed in legislation, and does not fall contrary to the common law (generally the common law is "common sense" stuff about harming others by your actions) then it is not illegal. The VCRA does not forbid anyone from buying parts for a RIF. It doesn't say "if you are buying them to make an entire RIF out of". No matter what the intent was, it's simply not supported by the wording.
Again, there is no act that makes it illegal for someone under the age of 18 to purchase such parts.
It IS illegal under the VCRA for someone to assemble these parts into a RIF, but then it specifically provides defences against prosecution under these provisions. It does not set an age limit for such a defence to be allowable. The VCRA, where it relates to RIF's, only sets an age limit for BUYING a RIF, not owning one, not being given one and definitely not manufacturing one.
I do understand your argument, and I have some sympathy with it, but I don't feel it's supported by the wording of the act.
Again, I'm definitely NOT suggesting anyone does this. I am not legally qualified, my knowledge of the law comes from applying it to the use and ownership of various firearms, and plenty of reading on the subject, but I am not qualified to give legal advice.
I am not suggesting anyone attempt to circumvent any law, legislation, act of parliament or other legislative instrument in any way. If you choose to do so, and end up in court, I specifically disclaim any involvement in the act. You make a decision based on your own understanding, and I am telling you now it's a bad idea to do it. I don't want anyone coming back and saying "you said it was ok and I got arrested" because I'm NOT saying it's ok. I'm offering my opinion on the legislation as written. Don't come trying to sue me if what I say is a complete load of old tosh (this is more than likely!)
Legislation (note, not law, but we won't go there) isn't based on common sense. It's based on written acts of parliament. What is written in an act of parliament is what makes something illegal (again, not unlawful, different concept).
If it is not specifically proscribed in legislation, and does not fall contrary to the common law (generally the common law is "common sense" stuff about harming others by your actions) then it is not illegal. The VCRA does not forbid anyone from buying parts for a RIF. It doesn't say "if you are buying them to make an entire RIF out of". No matter what the intent was, it's simply not supported by the wording.
Again, there is no act that makes it illegal for someone under the age of 18 to purchase such parts.
It IS illegal under the VCRA for someone to assemble these parts into a RIF, but then it specifically provides defences against prosecution under these provisions. It does not set an age limit for such a defence to be allowable. The VCRA, where it relates to RIF's, only sets an age limit for BUYING a RIF, not owning one, not being given one and definitely not manufacturing one.
I do understand your argument, and I have some sympathy with it, but I don't feel it's supported by the wording of the act.
Again, I'm definitely NOT suggesting anyone does this. I am not legally qualified, my knowledge of the law comes from applying it to the use and ownership of various firearms, and plenty of reading on the subject, but I am not qualified to give legal advice.
I am not suggesting anyone attempt to circumvent any law, legislation, act of parliament or other legislative instrument in any way. If you choose to do so, and end up in court, I specifically disclaim any involvement in the act. You make a decision based on your own understanding, and I am telling you now it's a bad idea to do it. I don't want anyone coming back and saying "you said it was ok and I got arrested" because I'm NOT saying it's ok. I'm offering my opinion on the legislation as written. Don't come trying to sue me if what I say is a complete load of old tosh (this is more than likely!)