Hicks signed pulse rifle

[Tommikka]

Ultimately it comes down to if/when a case goes to court, the specifics of the case and how the lawyers approach convincing the court.

Ideally it never gets to court on a VCRA basis but in accordance with other offences (such as waving pistols around McDonalds) or the police use discretion 

(I’ve seen many cases of the police being involved and ending with ‘advice given, but no offence committed - whereas a whole raft of offences could be applied - they have used discretion eg magfed paintballers leaving a site with guns in car parcel shelves and parking in the services besides motorway police having a coffee & doughnut break)

’Realistic’ in the legislation is not absolute - there is ‘distinguishing from a real firearm’ which means if there isn’t a real counterpart then it’s not a RIF, but there is also ‘can only be distinguished by an expert’ so if anyone thinks it might be real then it is a RIF

The best there is for an ‘absolute’ is what construes an IF - that it is much too small, it is clear or it is predominantly one of the approved bright colours 

There are of course airsoft guns sold as IFs that have been coloured but not to the specified colours. Such as American training blue, which is not VCRA bright blue 

…. and where sales are concerned the potential offence lies with the seller.  So there are those who strictly stick to UKARA as airsoft and make some allowance for justifying other defences (museums, reenactment, theatrical …) there are also those who think it doesn’t apply to them or are just ignorant (eg claims that the VCRA doesn’t apply to gel ball guns) or a retailer that comes up with Cosplay insurance in partnership with a comicon that bans RIFs

We do our best, avoid encouraging chav law bending, but accommodating ‘genuine’ airsofters who may have difficulty getting UKARA or renewing under Covid, or are just in a panic because they bought a two tone but a RIF arrived 

There are a couple of arguments for RIFs being suitable in cosplay - for your average individual that’s a no, for the ‘professional’ celebrity cosplay as a comicon headliner the theatrical defence applies.  For a cosplay society then it could possibly be argued, maybe if it’s a WW2 dress up and you can qualify the society as historical reenactment (a better argument for a military vehicle club displaying at shows) not so easy for Aliens or Star Wars, but if the club is invited to a comicon or runs a stall and the members wander around displaying then it’s creeping towards theatrical 

 

[Rogerborg]

there is ‘distinguishing from a real firearm’ which means if there isn’t a real counterpart then it’s not a RIF, but there is also ‘can only be distinguished by an expert’ so if anyone thinks it might be real then it is a RIF

The second clause is "an imitation firearm is not [...] to be regarded as distinguishable from a real firearm [...]".

"Real firearm" is still present, and still has the same definition of "a firearm of an actual make or model of modern firearm (whether existing or discontinued)".

Again, Parliament could have chosen to use the FA 1968 S57 definition of imitation firearm, "any thing which has the appearance of being a firearm".  They didn't, and that's significant.  I'm sure the copper at the sharp end won't know that, and quite likely not the CPS or Fiscal either, but any competent defence brief or UKAPU should be able to bring proceedings to a halt.

I'm so-so on whether or what forms of cosplay constitutes theatrical, and where the line would be drawn between performer and participant - are the Rocky Horror Show audience part of the performance?

What I would note is that if you're choosing to buy cosplay insurance rather than theatrical performer insurance, then you're rather making an argument against yourself.

 

[Tommikka]

Again, Parliament could have chosen to use the FA 1968 S57 definition of imitation firearm, "any thing which has the appearance of being a firearm".  They didn't, and that's significant.  

What I would note is that if you're choosing to buy cosplay insurance rather than theatrical performer insurance, then you're rather making an argument against yourself.

Smashed it in these two paragraphs 

.

I'm so-so on whether or what forms of cosplay constitutes theatrical, and where the line would be drawn between performer and participant - are the Rocky Horror Show audience part of the performance?

Awesome example

RHS at the Mayflower, Southampton = some enthusiastic cosplay audience participation 

Specific groups of LA theatres / cinemas = the celebrities of professional RHS participation 

LA tourists managing to get in on a midnight showing = an audience to the professional audience 

Want to be taken more seriously then a guy dressed in a corset & stockings, sign up to the RHS international fan club - does that make them a serious theatrical audience partici……..pation performer?

…… and when waterpistols get brought into the legislation I predict a fresh resurgence of RHS for people to earn their defence

 

[Tommikka]

And a co-operative retailers governing body, the UK water pistols association, complete with forum posters asking how they can get their UKWPA licence without staying up past midnight 3 times