Spray painting a two tone airsoft gun

From 1 October 2007, section 36 Violent Crime Reduction Act 2006 created an offence to manufacture, bring into or cause to be brought into Great Britain, or sell realistic imitation firearms. It also made it an offence to modify an imitation firearm to make it realistic.

Section 37 relates to specific defences: this allows persons in the course of trade or business to import realistic imitation firearms for the purpose of modifying them to make them non-realistic. It also provides various defences if the realistic imitation firearm was available for:

a museum or gallery;

theatrical performances and rehearsals of such performances;

the production of films and television programmes;

the organisation and holding of historical re-enactments; or

crown servants.
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and I was talking about owning not buying.

 
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Mack said:
Its not illegal to own one :huh:
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Without defence it is illegal, and here is the problem, I understand having museum, films and theater on the list, you have a justified reason that can be proven with document etc. When VCRA was introduced Airsoft skirmishes were not included on the list,this was later added by secretary of state. There should be separate section for Use of RIF for skirmishes. I know UKARA was adapted by shops as a valid defence, but there is nothing about UKARA in the VCRA so in theory you can visit shop with the letter from your local insured site saying you attend skirmishes regularly and therefore you have defence to buy RIF.
Gifting of RIF should be made illegal as well, If its ok to gift then I can open a shop and sell magazine for £200 with a free gift of RIF

 
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You're just realising that UKARA isn't the only form of defence, Giliador?

VCRA only covers the point of sale (apart from the bit about manufacturing).

Welcome to a common law legal system - laws are grey until they're applied in court. That's why we have case law. To date, no one that's owned an airsoft gun for legitimate use has been prosecuted and used their airsoft skirmishing as a defence, so we just don't know.

 
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UKARA is not form of defence, they established them self as a defence but according to VCRA its about regular use not about being registered with UKARA, just because your gun was purchased through UKARA shop it doesn't mean that your defence cannot be challenged in court :P I did touch law when I was in uni and this would be a perfect scenario for debate

 
Giliador said:
UKARA is not form of defence, they established them self as a defence but according to VCRA its about regular use not about being registered with UKARA, just because your gun was purchased through UKARA shop it doesn't mean that your defence cannot be challenged in court :P I did touch law when I was in uni and this would be a perfect scenario for debate
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Wrong (36-39).

The govt has acknowledged UKARA numerous times and tbh the end-all of that is the customs response to it.

Fact is that its a defence to only a small number of stated offences, and not others - it's not a defence to any intent offences, if CPS proves intent, the defence is useless.

If you were in court, and intent was proved (or you were charged with an offence not in s.36), you couldn't use this defence.

 
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You are right about customs, but then you can have long debate about seizure of legal and illegal knifes by customs

And from the link,

1.The defence for airsoft skirmishing can apply to individual players because their purchase of realistic imitation firearms for this purpose is considered part of the holding of a skirmishing event.

What if I hold UKARA have RIF but don't participate in the events, When defence stop or start being defence?

 
Giliador said:
Without defence it is illegal, and here is the problem, I understand having museum, films and theater on the list, you have a justified reason that can be proven with document etc. When VCRA was introduced Airsoft skirmishes were not included on the list,this was later added by secretary of state. There should be separate section for Use of RIF for skirmishes. I know UKARA was adapted by shops as a valid defence, but there is nothing about UKARA in the VCRA so in theory you can visit shop with the letter from your local insured site saying you attend skirmishes regularly and therefore you have defence to buy RIF.

Gifting of RIF should be made illegal as well, If its ok to gift then I can open a shop and sell magazine for £200 with a free gift of RIF
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No its not. Please show me where it says anywhere in UK law that its illegal to own a RIF.

 
Giliador said:
I did touch law when I was in uni and this would be a perfect scenario for debate
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Well now we know why a lot of these posts exist then.

I'm not sure how many more ways I can tell you that common law means gaps are always left in the way we actually make make bills and amendments to those bills. Case law is important and that's where the debate will actually happen. Until then, don't worry about it - UKARA is more than a valid defence; it's actually recognised by Border Force as being as such. Receipts, photos of you playing, site membership etc. - they all prove you have a legitimate use for an RIF and - again - VCRA covers the purchase and manufacture of RIFs. It does not cover ownership.

Even then, you'd never be taken to court for just ownership. As Sacarathe says, it's about intent. VCRA was mostly made to give prosecutory powers; not to be a regularly enforced restriction on RIF ownership. The reason RIFs are even mentioned in there is simply to distinguish them from the rest of the bill.

Welcome to the grey grey area of airsoft.

 
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Giliador said:
Well that's great new, I can buy RIF abroad and have it shipped to UK since it's perfectly legal to own one
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No beacause that would be importing. Have you even read the VCRA?

(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.

 
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How is that legal if law stops you from buying one. Its you who hold defence to buy which makes it legal but if you don't have defence it's still legal to poses one

 
Giliador said:
How is that legal if law stops you from buying one. Its you who hold defence to buy which makes it legal but if you don't have defence it's still legal to poses one
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It doesnt stop you from buying one. ITS NOT ILLEGAL TO BUY

Its illegal to MANUFACTURE, IMPORT AND SELL

You provide the seller with a defence (Site membership number AKA UKARA)

You realize thousands of RIFS were sold and owned by people pre 2006? when the new law came in were these people forced to hand them over due to owning them?

 
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Giliador said:
How is that legal if law stops you from buying one. Its you who hold defence to buy which makes it legal but if you don't have defence it's still legal to poses one
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I think you're confusing "legal" and "defence against prosecution". The offence is still there, having a defence means you won't be prosecuted.

 
Giliador said:
How is that legal if law stops you from buying one. Its you who hold defence to buy which makes it legal but if you don't have defence it's still legal to poses one
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Could be to cover historic ownership, those who had airsoft guns prior to VCRA, and those that have given up the hobby but still keep the guns they obtained legally.

If you have a valid UKARA number then you can buy from abroad (i.e. Gunfire) because Customs recognise it as proof of defence. therefore, you could be on holiday in Europe and buy a gun locally and post it to your UK address as long as it has your UKARA number on the package. Is that any different to ordering from a foreign retailer? Either way you have bought it, and it is imported. Having the defence is the exception to s.36 1. (d). It is all rather grey and unclear.

 
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So if I had two tone but paint came off, is this manufacturing ? Or absolutely legal. And you can't sell to under 18, but gift is fine.

Mack: but it's illegal for them to sell me one so how can I buy one :P If its illegal to sell cigarets is it legal to buy them? No!

This law have more holes then me after attending skirmish with Mack

And its good they included people who would own RIF before new law, but they should just add exception or circumstances, this would hopefully prevent so many loopholes and confusion.

 
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Giliador said:
So if I had two tone but paint came off, is this manufacturing ? Or absolutely legal. And you can't sell to under 18, but gift is fine.

Mack: but it's illegal for them to sell me one so how can I buy one :P If its illegal to sell cigarets is it legal to buy them? No!
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If you bought one thats fine, The seller is the one commiting the offence, not you

 
Giliador said:
This law have more holes then me after attending skirmish with Mack

And its good they included people who would own RIF before new law, but they should just add exception or circumstances, this would hopefully prevent so many loopholes and confusion.
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Welcome to a common law legal system. The law is never 100% clear until it's been through the courts a couple of times.

Especially not when the RIF amendment is tacked on as an afterthought either.

 
I was surprises about some of the cases, I remember there was one about pregnant woman who saw motorbike crash and had miscarriage, then she sued dead motorcyclist for damages under duty of care and she won.

So can I sell my £200 mag with a free RIF gift ? :P

 
This thread is great, writ large the ignorance of the average airsofter who thinks he knows what's what because he's chatted to some people in the safe zone!

UKARA is a means by which you can provide a seller with a defence against prosecution so they can sell you a RIF; selling is a crime, retailers want a cast iron (ish) way to cover themselves because they're the ones breaking the law. UKARA is it, though by the letter of the law they just need to believe you are purchasing for use in a permitted activity.

UKARA is your means of providing a defence for yourself if importing, as you're committing a crime by importing a RIF. Like a retailer, customs want something documentary so they can satisfy themselves 100% that while you are illegally importing a RIF (it is still a crime) you have a defence against prosecution for doing so.

UKARA is meaningless when it comes to ownership as owning a RIF (even if you NEVER play) isn't a crime. There is no part of any law in the UK that prohibits the ownership of a realistic imitation firearm and so you do not need a defence.

Manufacture is where you can satisfy yourself that you have a suitable defence, since the wording of the skirmisher's defence is just that the RIF is to be used for the permitted activity. By the letter of the law you can plan to go to a game, paint your gun and then never go.

 
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