- Oct 20, 2012
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This would still count as a transaction, so you'd need a defence from the buyer.
Common law isn't so written in stone that you can circumvent it just by reading between the lines or thinking you're mildly clever; that's what case law is for - the law is tried and tested in a courtroom. There will have been trials where someone used that exact same analogy as their defence against 'selling' a restricted item and it'd be cited just as thousands of bits of case law are cited in court every day.
Basically, don't a tool and ruin it for all of us - just be careful. No one has been enough of an idiot to be prosecuted so far (and it's coming up on 9 years since the amendment passed).
I'm sorry but you've said nothing there that disagrees with what anyone else has been saying for the last two pages (apart from Giliador, that is - which is slightly amusing as he's the one that's liked your post). I must be missing something, apologies :SThis 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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