After reading the UKARA website's FAQs about the system, a few questions have been raised.
1) The FAQs state that you can recieve a RIF if it is "a gift from an eligible purchaser to a minor". Does this mean that if one of my friends has got his UKARA, I can give them enough money to buy the RIF for me?
No. Not in any case.
If you are over 18, then handing over anything of any value in exchange for the RIF is classed as a sale, whether it be cash, goods or services/labour. The person doing the selling would be committing an offence.
(Always remember that UKARA is only a retailers database and confers no legal rights or defense. It only covers the retailers by proving they have taken reasonable steps to assure themselves that you offer them a defense against prosecution under the VCRA.)
If you are a regular skirmisher at a site that is properly organised and has proper insurance in place then you probably have a defense to offer the seller against prosecution for the offence. UKARA is just handy way of proving the defense, and is no better or worse than any other way of proving the defense. If however you are not a regular skirmisher then the person selling you the RIF, whether UKARA registered or not, is liable to prosecution for selling a RIF.
Added to that, as you mentioned a minor, it is illegal to SELL (again, all the same meanings as above) any kind of imitation firearm to a minor, be it an IF or a RIF. It is perfectly legal to give a minor a RIF, but that relies on very generous friends or parents who are skirmishers.
2) painting & taping over coloured parts of an IF to make it appear as a RIF. The website is rather vague about this and does not specify of this is allowed or not. I have seen many players with taped over & repainted guns at some sites, and am not sure if I am able to do this legaly or not.
UKARA is quiet on this point because it's not really relevant to it. UKARA is there purely to provide the retailers with a defense against prosecution for selling a RIF. If you are on the UKARA database then you can show a defense against prosecution for manufacturing a RIF, be it by painting over the bright paint, or covering it with tape.
People talk all sorts of nonsense about putting tape on before a skirmish, then taking it off again afterwards. If you are playing on a site that is properly organised and holds proper public liability insurance (if you're paying to play then it should have, but ask them, they should be more than happy to show you their certificates) then you can show a defense against prosecution for manufacturing a RIF, so tape/paint away. If it is not a properly organised skirmish site, and you don't play at any that are, then you will not be able to prove the defense and so manufacturing a RIF will leave you liable to prosecution, whether you only have the tape on at the place you play or whatever.
In basic language, you play at a proper site, then you can show a defense, paint/tape away to your hearts content. You don't play at a proper site then don't!
3) buying weapons from overseas. I am not sure if I am able to purchase guns from the USA (with orange tips) even if I am not UKARA registered?
An orange tip does not meet the requirements to change a RIF into an IF. To be classed as an IF, the gun must be at least 51% of a solid block of one of the bright colours set out in the VCRA (basically orange, green, blue, red) or at least 50% clear plastic. Therefore your black gun with a red bit on the muzzle is a RIF, and you are liable to prosecution and seizure of the gun unless you can prove a defense.
Customs MIGHT accept a UKARA membership as a defense (but they might not, they're a fickle bunch). They might also accept some kind of letter from your regular site stating that you play there regularly and that they have proper insurance. UKARA is easy for customs to check as you can get the sender to put a note on the packing and/or paperwork stating you are registered on the UKARA database, and stating your UKARA number.
(Disclaimer, this is only my opinion, especially the next paragraph, as a lay person interpreting the legislation as written. I do not endorse any action using these opinions, nor do I suggest anyone acts on my advice alone. I offer them purely as MY OWN PERSONAL understanding and I will not be held liable if someone uses my opinion and ends up being prosecuted, or has property seized! Take the time to read the law yourself, and to understand it. If you are unsure consult someone properly qualified in the law!)
An interesting point here. Although it is illegal for a person under the age of 18 to buy an IF or RIF within the UK, my reading of the VCRA suggests that a person under that age, who can show a defense against prosecution for importing by way of being a regular skirmisher, can legally import a RIF or IF. I'm pretty sure that this is a loophole rather than intentional, poorly drafted legislation basically, but nevertheless it seems to be true.
*finally*
4) can I switch out two-toned parts (stocks, handguards ect) for RIF parts legaly?
Cheers
Only if you have a defense, the rules are the same as for overpainting or taping. Basically anything that reduces the % area of bright colour to below 51% is manufacturing, whether you change it back or not, and leaves you liable to prosecution unless you can prove a defense.
You just need to be able to provide a defence agains prosecution, ukara being one of many.
