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What airsoft store should i go to in the uk for black and metal guns if im under 18


sammyb1997
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#Waiting for the imminent Wreckage

 

You can't you are not old enough simple it's over done you make one you'll be in the eye's of the law making a real firearm.

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That's because it's illegal for anyone to sell you an airsoft gun unless you can provide evidence that you have a defence against being prosecuted under the VCR Act. UK retailers have come up with the UKARA registry to protect themselves from prosecution. So basically, without a UKARA number, you're highly unlikely to find a shop that would sell a Realistic Imitation Firearm. Plus you're under 18...

 

'Kin no chance, mate!

 

It is legal for someone who can legally own an RIF to gift it to you... make of that what you will.

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Please see this thread. Pretty much any beginner question you want to ask is answered in there:

http://www.airsoft-forums.co.uk/index.php/topic/1254-popular-ukara-questions/

 

Done give up though. Rent until you're 18 or something and then buy your own :) Airsoft is a long term hobby after all.

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Alternately do what my kids did, get your parents involved and then its ok for them to buy you a gun as a gift once they got their own defence (which will take over 3 months, so not this Christmas).

 

 

If you are getting a two tone dont worry, a lot of the under 18's I see (pretty much all to be honest) have 2 tones and they have just as much fun as the rest of us old crinklies. Hunt down some decent airsoft shops that offer RIF to IF (paint your gun) services. Take your time to pick what you like and get your parents to buy it and have it sprayed. DONT go out and buy first bright orange plastic thing sold on the high street (would still need to be 18 anyway) as it prob wont work for airsofting.

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First off, UKARA dont provide licenses, they provide registrations. They are a non government agency. Secondly, as above, no hope in hell. You have to be over 18 to buy any airsoft gun, be it an IF or a RIF. To qualify for a UKARA registration you have to first be over 18, and play 3 games at a legal, fully insured airsoft site over a 3 month period. You won't get one for Christmas. You can get a two-tone airsoft gun, again, provided it it gifted to you. This means that an adult, in this case someone over 18, buys one and gives it to you with no money changing hands, no services being provided etc.

 

The above solution is the best option, get a parent or family member involved, in my case, my Uncle. Owning a two-tone doesn't mean you can't get equally as stuck in!

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Let me 1st say that in no way am I encouraging anyone to do anything dodgy here, but I feel it's important to point out how the letter of the law applies, simply because there are many instances, especially in recent British history, where a law has been commonly believed to mean one thing, when it actually means another, but has come to be enforced in the former way, thus illegally in fact, plus at odds with the original intent...

You can get a two-tone airsoft gun, again, provided it it gifted to you. This means that an adult, in this case someone over 18, buys one and gives it to you with no money changing hands, no services being provided etc.
The section of the Violent Crimes Reduction Act which deals with Imitation and Realistic Imitation Firearms makes RIF's blanket illegal, full stop, the end, no discussion. It also however provides for allowable defences against being prosecuted, amongst which is being an airsofter. It doesn't define how many times you have to have airsofted, doesn't mention UKARA, and most importantly for this discussion does not mention age.

 

In fact, so long as a person can prove that they are an airsofter, say with a membership card to an airsoft site, they are protected from prosecution for owning RIF's. Selling them and the age of buyers is an entirely different thing and is covered by different sections of the law and other laws entirely but, as it stands, any adult who can purchase RIF's can do so and gift it to a minor, so long as that minor is an airsofter, and no laws will have been broken.

 

Now I realise that in practice this is not how the law is being interpreted by the majority of the airsofting community and, so long as we continue the practice of only allowing under 18's to own two-tones, it will come to be the way the laws are enforced. No bad thing, some of you may think, but consider this: law has a tendency to creep; if something which is potentially dangerous gets regulated one day, those regs are the product of debate, that day the debators who believe in trusting people to behave sensibly with the most minimally intrusive regs have their say, vote, and forget it; but it is the nature of the type of person who believes that others cannot be trusted with anything even remotely dangerous to bang on and on; just because their draconian proposals were defeated that day wont stop them bringing it up again the next day and the next and th... ad nauseam.

 

So if the law is being accepted to mean something more restrictive than it actually does, that is one step the nay sayers get for free when it next comes up for debate, so what next? Only adults who have personal third party public liability insurance can own airsoft guns? All RIF's and and any transactions involving them must be subject to a licence enforced by the police and each gun registered with an individual indelible ID number? Trust me, if you can think of some way that rules and regs can bollocks up the whole sport, somebody will be lobbying for it...

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Ian, sorry to correct you but you are wrong.

 

OWNING an RIF is absolutely NOT illegal. Neither is buying one. The only offence is that of SELLING or manufacturing an RIF.

 

The defence you provide has nothing to do with you breaking the law. It provides the SELLER with a defence against prosecution for selling an imitation. At no point can the buyer commit an offence, there is simply no offence in law. The only time someone might commit an offence is if they legally purchase a (non-realistic) imitation firearm, and then alter it to take it out of the IF category and into the RIF category.

 

Another point. It is NOT illegal to GIFT an RIF to anyone (note, ANY kind of exchange makes it a sale and leaves the "seller" at risk of prosecution if the buyer cannot give them a defence against prosecution. By "exchange" it could be an exchange of money, goods or services, basically any "valuable consideration", so if you buy your kid a RIF, but make them do chores to earn it, you have effectively been "paid" for it. It's unlikely that you would be prosecuted for it, unless there was some kind of written agreement to attest to the fact, but as the law stands the possibility exists). They don't need a defence, it is legal for them to own and use the RIF.

 

As stated above, UKARA is NOT a "licence" of any kind. It doesn't entitle you to anything in law, and there is nothing in law you can't do if you don't have it. The seller might (should if they don't want to be prosecuted) decide that they do not wish to sell to you if you cannot provide evidence that you can provide them with a defence, and UKARA is a relatively simple way of proving it, but there ARE other ways (site membership card, get them to ring the site etc. etc.)

 

[edited to add]

The OP looks a bit like a fishing attempt to me. I wouldn't put it past law enforcement to try and catch people out on sites like this, you can bet your bottom dollar they are monitored!

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I sit corrected :)

 

The point remains however that the practice of restricting minors to owning two-tones, as if this is required by law, is bollocks.

 

I wouldn't be surprised if we are under scrutiny either. Not that I care about what I or anyone else says on here, because we all seem to be pretty sensible, for a bunch of people that spend so much money on playing soldiers/cops & robbers/etc :lol: , although I wish the old bill would stop pissing about with this sort of thing (I include surveillance of all sorts of people, because you really would have to be unfit to be let out alone to casually drop any information that might actually prove useful in preventing serious crime - yeah, there are dickheads around, but does anyone believe that serious criminals allow them to know anything important?), it's a colossal waste of man hours which, IMO, would be far more cost effectively spent running down white-collar criminals whose activities actually do far more damage to society than even hectic crimes like armed robbery, precisely because they often get away with it - the cost is born by increased costs to us all as consumers, employees and/or business people, both directly in the price of goods and indirectly in the detriment to the business climate... [/rant]

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Which is fine to cover up a 2 tone with camo tape while on site, however the OP is under 18 and therefore cannot actually buy a 2 tone either.

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Well, to the letter of the law, covering up the two tone paint scheme is "manufacturing a RIF" but then again if you do it at an airsoft site that has insurance, and use the gun there, then it would be difficult for them to argue that you do not have a valid defence.

 

Ian, again I'll have to correct you. The law makes it an offence for anyone under 18 to buy an IF, and for someone to sell one to a person under the age of 18. Google "VCRA section 40" and read what it says there.

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Well, to the letter of the law, covering up the two tone paint scheme is "manufacturing a RIF" but then again if you do it at an airsoft site that has insurance, and use the gun there, then it would be difficult for them to argue that you do not have a valid defence.

 

Ian, again I'll have to correct you. The law makes it an offence for anyone under 18 to buy an IF, and for someone to sell one to a person under the age of 18. Google "VCRA section 40" and read what it says there.

 

I suspect Ian is pointing only to the misinterpretation of the law, that somehow under 18's must only carry IF's. As you say the law is clear, IF or RIF you need to be 18 to buy a 'gun' these days. Long gone are nipping down the shops with pocket money to buy a spud gun like I used to do (im only in my 30's, wasnt that long ago peeps)...

 

However I to have seen this at sites, kids being harassed as they have RIF's with comments that you cant own/carry/use that until you are 18, etc. Which as noted is bollocks, they can have a IF or an RIF, they just cant buy them and it has to be a gift from someone who can. If like my kids you lucky enough to have a mad airsofting dad that means RIF's are perfectly legal Christmas / birthday presents.

 

I also see the risk if we start interpreting the law more restrictive than it actually is, we will create a situation where that becomes the norm and the law catches it up or goes beyond it.

 

RIF's are already way over regulated / legislated. After all by definition the are imitations, incapable of anything but looking scary. Just today I was accosted simply for having this months airsoft action on me as the cover shows people playing airsoft with shock horror, RIFs!

 

Had to explain exactly what airsoft was, how its safer than paintbll (in energy terms) and just a game. Also that despite owning a pile of RIF's, if I were to go to the office and "Go postal" as someone said I might with all my 'weapons' the worst that would happen is a few people went, "ooo that stung a bit", before calling the cops, sacking me, etc etc.

 

RIF's are far safer things by design than archery, paintballing, shotgun owners or airgunning, yet only I get grief cause my stuff looks 'realistic'. /End micro rant.

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RIF's are far safer things by design than archery, paintballing, shotgun owners or airgunning, yet only I get grief cause my stuff looks 'realistic'. /End micro rant.

 

Yeah when any 18 can buy a 150psi+ crossbow capable of piercing several backed up metal baking trays it kinda makes people's arguments about regulation of Airsoft look silly :P

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I agree with most everything you have said but paintball is played usually at Sub 280 FPS and will only do as much harm as any Airsoft Rifle/Pistol

 

Have you ever really played Real Man's Paintball? it hurt's just as much as Airsoft shooting Sub Airsoft FPS Only because the object is Bigger nothing else (It Is of course incredibly Simplified though because i don't know of any other factor's that are likely to effect it)

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I do a lot of tech work for friends and such whilst being an under 18 airsofter, but, correct me if I'm mistaken here, but.

 

You only need a defence to Manufacture a RIF, correct? There is no age limit to someone legally being able to change parts on a rifle, but you do need a suitable defence against section 36 of VCRA?

 

So in theory, once a minor has gained said defence, they are legally able to convert an IF to a RIF?

 

And by defence, I mean, site membership etc, not playing once and saying you're a hardcore airsofter.

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No you need an Exception (How i prefer to think of it) to Build a RIF (Include's changing an IF to RIF) and the Seller Need's to beable to say your 18+ and Whatever the exception is to cover themselve's and help them not break the law in selling an IF or RIF to you

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I believe the 18 age limit is only for buying though. Unless I've missed the part where it says you need to be 18 to manufacture, can anyone quote VCRA for me?

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(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.

 

(2)Subsection (1) has effect subject to the defences in section 37.

 

(3)The Secretary of State may by regulations—

 

(a)provide for exceptions and exemptions from the offence under subsection (1); and

 

(b)provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

 

(4)Regulations under subsection (3) may—

 

(a)frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

 

(b)provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

 

©confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

 

(5)The power of the Secretary of State to make regulations under subsection (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)A realistic imitation firearm brought into Great Britain shall be liable to forfeiture under the customs and excise Acts.

 

(8)In subsection (7) “the customs and excise Acts†has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

 

(9)An offence under this section shall be punishable, on summary conviction—

 

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

 

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

 

(10)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(a) of this section to 51 weeks is to be read as a reference to 6 months.

 

(11)In this section “realistic imitation firearm†has the meaning given by section 38.

 

37Specific defences applying to the offence under s. 36

 

 

(1)It shall be a defence for a person charged with an offence under section 36 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).

 

(2)Those purposes are—

 

(a)the purposes of a museum or gallery;

 

(b)the purposes of theatrical performances and of rehearsals for such performances;

 

©the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

 

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

 

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;

 

(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

 

(3)It shall also be a defence for a person charged with an offence under section 36 in respect of conduct falling within subsection (1)(d) of that section to show that the conduct—

 

(a)was in the course of carrying on any trade or business; and

 

(b)was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.

 

(4)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (1) or (3) if—

 

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

 

(b)the contrary is not proved beyond a reasonable doubt.

 

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)In this section—

“historical re-enactment†means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;

“museum or gallery†includes any institution which—

(a)

has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

(

gives the public access to it.

 

38Meaning of “realistic imitation firearmâ€

 

 

(1)In sections 36 and 37 “realistic imitation firearm†means an imitation firearm which—

 

(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

 

(b)is neither a de-activated firearm nor itself an antique.

 

(2)For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)() to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

 

(a)by an expert;

 

(b)on a close examination; or

 

©as a result of an attempt to load or to fire it.

 

(3)In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—

 

(a)the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

 

(b)the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

 

(4)The Secretary of State may by regulations provide that, for the purposes of subsection (3)(—

 

(a)the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

 

(b)a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

 

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)In this section—

“colour†is to be construed in accordance with subsection (9);

“de-activated firearm†means an imitation firearm that consists in something which—

(a)

was a firearm; but

(

has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;

“real firearm†means—

(a)

a firearm of an actual make or model of modern firearm (whether existing or discontinued); or

(

something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

 

(8)In subsection (7) “modern firearm†means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

 

(9)References in this section, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

 

(10)Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this section as it applies for the purposes of the 1968 Act.

 

39Specification for imitation firearms

 

 

(1)The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—

 

(a)set out in the regulations; or

 

(b)approved by such persons and in such manner as may be so set out.

 

(2)A person is guilty of an offence if—

 

(a)he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this section;

 

(b)he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

 

©he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

 

(d)he brings an imitation firearm which does not conform to the specifications so required of it into Great Britain or causes such an imitation firearm to be brought into Great Britain.

 

(3)An offence under this section shall be punishable, on summary conviction—

 

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

 

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

 

(4)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this section to 51 weeks is to be read as a reference to 6 months.

 

(5)Regulations under this section may provide that, in proceedings for an offence under this section, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—

 

(a)specified in the regulations; or

 

(b)determined for the purpose in accordance with provisions contained in the regulations.

 

(6)An imitation firearm brought into Great Britain which does not conform to the specifications required of it by regulations under this section shall be liable to forfeiture under the customs and excise Acts.

 

(7)In subsection (6) “the customs and excise Acts†has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

 

(8)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(9)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

40Supplying imitation firearms to minors

 

 

(1)After section 24 of the 1968 Act insert—

 

“24ASupplying imitation firearms to minors

 

 

(1)It is an offence for a person under the age of eighteen to purchase an imitation firearm.

 

(2)It is an offence to sell an imitation firearm to a person under the age of eighteen.

 

(3)In proceedings for an offence under subsection (2) it is a defence to show that the person charged with the offence—

 

(a)believed the other person to be aged eighteen or over; and

 

(b)had reasonable ground for that belief.

 

(4)For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—

 

(a)sufficient evidence of those matters is adduced to raise an issue with respect to them; and

 

(b)the contrary is not proved beyond a reasonable doubt.â€

 

(2)In the table in Part 1 of Schedule 6 (punishment), after the entry for section 24(4) insert—

 

“Section 24A(1) or (2)

Acquisition by a minor of an imitation firearm and supplying him.

Summary

In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.â€

 

(3)In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks in the entry inserted by subsection (2) of this section is to be read as a reference to 6 months.

 

41Increase of maximum sentence for possessing an imitation firearm

 

 

(1)In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—

 

(a)in paragraph ( of column 3 (offence to be triable either way except in the case of an imitation firearm or air weapon), omit the words “ in the case of an imitation firearm or â€; and

 

(b)in column 4, for “7 years or a fine; or both†substitute—

 

“(i)if the weapon is an imitation firearm, 12 months or a fine, or both;

 

(ii)in any other case, 7 years or a fine, or both.â€

 

(2)An offence in England and Wales under section 19 of the 1968 Act in respect of an imitation firearm which is triable either way by virtue of this section is to be treated—

 

(a)as an offence to which section 282(3) of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on conviction of an either way offence) applies; and

 

(b)as not being an offence to which section 281(5) of that Act (increase of maximum sentence on conviction of a summary only offence) applies.

 

(3)This section—

 

(a)applies only to offences committed after the commencement of this section; and

 

(b)so far as it relates to subsection (3) of section 282 of the Criminal Justice Act 2003 or subsection (5) of section 281 of that Act, does not have effect in relation to offences committed before the commencement of that subsection.

 

it is i never said it wasn't but to be an Exception you need to be a 18+ skirmisher because it's never been said by the home office that is the way it will be interprteted in a court.

 

Edit: This is the Entire Part that Applie's to us

 

(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.

 

(2)Subsection (1) has effect subject to the defences in section 37.

 

(3)The Secretary of State may by regulations—

 

(a)provide for exceptions and exemptions from the offence under subsection (1); and

 

(b)provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

 

(4)Regulations under subsection (3) may—

 

(a)frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

 

(b)provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

 

©confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

 

(5)The power of the Secretary of State to make regulations under subsection (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)A realistic imitation firearm brought into Great Britain shall be liable to forfeiture under the customs and excise Acts.

 

(8)In subsection (7) “the customs and excise Acts†has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

 

(9)An offence under this section shall be punishable, on summary conviction—

 

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

 

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

 

(10)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(a) of this section to 51 weeks is to be read as a reference to 6 months.

 

(11)In this section “realistic imitation firearm†has the meaning given by section 38.

 

37Specific defences applying to the offence under s. 36

 

 

(1)It shall be a defence for a person charged with an offence under section 36 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).

 

(2)Those purposes are—

 

(a)the purposes of a museum or gallery;

 

(b)the purposes of theatrical performances and of rehearsals for such performances;

 

©the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

 

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

 

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;

 

(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

 

(3)It shall also be a defence for a person charged with an offence under section 36 in respect of conduct falling within subsection (1)(d) of that section to show that the conduct—

 

(a)was in the course of carrying on any trade or business; and

 

(b)was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.

 

(4)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (1) or (3) if—

 

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

 

(b)the contrary is not proved beyond a reasonable doubt.

 

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)In this section—

“historical re-enactment†means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;

“museum or gallery†includes any institution which—

(a)

has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

( B)

gives the public access to it.

 

38Meaning of “realistic imitation firearmâ€

 

 

(1)In sections 36 and 37 “realistic imitation firearm†means an imitation firearm which—

 

(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

 

(b)is neither a de-activated firearm nor itself an antique.

 

(2)For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)( B)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

 

(a)by an expert;

 

(b)on a close examination; or

 

©as a result of an attempt to load or to fire it.

 

(3)In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—

 

(a)the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

 

(b)the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

 

(4)The Secretary of State may by regulations provide that, for the purposes of subsection (3)( B)—

 

(a)the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

 

(b)a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

 

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(6)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

(7)In this section—

“colour†is to be construed in accordance with subsection (9);

“de-activated firearm†means an imitation firearm that consists in something which—

(a)

was a firearm; but

( B)

has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;

“real firearm†means—

(a)

a firearm of an actual make or model of modern firearm (whether existing or discontinued); or

( B)

something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

 

(8)In subsection (7) “modern firearm†means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

 

(9)References in this section, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

 

(10)Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this section as it applies for the purposes of the 1968 Act.

 

39Specification for imitation firearms

 

 

(1)The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—

 

(a)set out in the regulations; or

 

(b)approved by such persons and in such manner as may be so set out.

 

(2)A person is guilty of an offence if—

 

(a)he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this section;

 

(b)he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

 

©he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

 

(d)he brings an imitation firearm which does not conform to the specifications so required of it into Great Britain or causes such an imitation firearm to be brought into Great Britain.

 

(3)An offence under this section shall be punishable, on summary conviction—

 

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

 

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

 

(4)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this section to 51 weeks is to be read as a reference to 6 months.

 

(5)Regulations under this section may provide that, in proceedings for an offence under this section, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—

 

(a)specified in the regulations; or

 

(b)determined for the purpose in accordance with provisions contained in the regulations.

 

(6)An imitation firearm brought into Great Britain which does not conform to the specifications required of it by regulations under this section shall be liable to forfeiture under the customs and excise Acts.

 

(7)In subsection (6) “the customs and excise Acts†has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

 

(8)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 

(9)That power includes power—

 

(a)to make different provision for different cases;

 

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

 

©to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

 

40Supplying imitation firearms to minors

 

 

(1)After section 24 of the 1968 Act insert—

 

“24ASupplying imitation firearms to minors

 

 

(1)It is an offence for a person under the age of eighteen to purchase an imitation firearm.

 

(2)It is an offence to sell an imitation firearm to a person under the age of eighteen.

 

(3)In proceedings for an offence under subsection (2) it is a defence to show that the person charged with the offence—

 

(a)believed the other person to be aged eighteen or over; and

 

(b)had reasonable ground for that belief.

 

(4)For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—

 

(a)sufficient evidence of those matters is adduced to raise an issue with respect to them; and

 

(b)the contrary is not proved beyond a reasonable doubt.â€

 

(2)In the table in Part 1 of Schedule 6 (punishment), after the entry for section 24(4) insert—

 

“Section 24A(1) or (2)

Acquisition by a minor of an imitation firearm and supplying him.

Summary

In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.â€

 

(3)In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks in the entry inserted by subsection (2) of this section is to be read as a reference to 6 months.

 

41Increase of maximum sentence for possessing an imitation firearm

 

 

(1)In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—

 

(a)in paragraph ( B) of column 3 (offence to be triable either way except in the case of an imitation firearm or air weapon), omit the words “ in the case of an imitation firearm or â€; and

 

(b)in column 4, for “7 years or a fine; or both†substitute—

 

“(i)if the weapon is an imitation firearm, 12 months or a fine, or both;

 

(ii)in any other case, 7 years or a fine, or both.â€

 

(2)An offence in England and Wales under section 19 of the 1968 Act in respect of an imitation firearm which is triable either way by virtue of this section is to be treated—

 

(a)as an offence to which section 282(3) of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on conviction of an either way offence) applies; and

 

(b)as not being an offence to which section 281(5) of that Act (increase of maximum sentence on conviction of a summary only offence) applies.

 

(3)This section—

 

(a)applies only to offences committed after the commencement of this section; and

 

(b)so far as it relates to subsection (3) of section 282 of the Criminal Justice Act 2003 or subsection (5) of section 281 of that Act, does not have effect in relation to offences committed before the commencement of that subsection.

 

As you can see it is a Butt ton off stuff but i can't be bothered copying and Pasting what i need over to show what i just spotted which would back up what i said although if we are still discussing this in 48Hr's i will try and sit still long enough to paste all the relevant point's into one.

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I agree with most everything you have said but paintball is played usually at Sub 280 FPS and will only do as much harm as any Airsoft Rifle/Pistol

 

Have you ever really played Real Man's Paintball? it hurt's just as much as Airsoft shooting Sub Airsoft FPS Only because the object is Bigger nothing else (It Is of course incredibly Simplified though because i don't know of any other factor's that are likely to effect it)

 

Hi Craig, from sites I visited paintball can be upto 300FPS (international limits), which with their much heavier round is obviously far more powerful than our stuff. One of the reasons we can go full auto and paintball cant (as they fall under air weapons law I believe).

 

The international safety limit on the speed (measured in feet per second, "FPS") at which a paintgun shoots a paintball is 300 fps. A chronograph is used to test for speed limits, and all paintguns can be adjusted to shoot under the speed limit. A paintgun's range is limited, too; even shooting 300 fps, at maximum elevation with barrel pointed up into the air, a paintgun can lob a paintball only about 50 metres.

 

Played quite a bit of paintball in my time, I have seen the bruises it inflicts and they are much worse than airsoft. I been peppered all over in airsoft, sniped, walked into groups of the other team, etc. Worst injury so far slight nick on one ear from point blank auto into my face at night. Paintball has been known to leave me black n blue for days :)

 

Its all down to energy as my physics teacher used to say:

 

The Kinetic Energy Behind The Game

There is relatively little kinetic energy transfer in Airsoft as compared to paintball. In fact, the comparison is as follows... An Airsoft projectile weighs .2 grams while a paintball projectile weighs 2.84 grams. If both of them are traveling at 300 feet, or 90 meters, per second an Airsoft projectile will transfer .8 joules of energy while a paintball projectile will transfers 11.8 joules of energy. As you can see, this is a considerable difference and thus there are different types of collisions that occur.

 

Or in terms of what this would do to your eye without a proper mask:

 

Minimum impact energies consistently producing damage in experimental eyes unobserved in control specimens were:

2 joules--posterior lens dislocation, zonulysis, capsular rupture, and choroidal detachment;

3.5 joules--moderate angle recession;

4 joules--anterior lens dislocation;

4.8 joules--peripapillary retinal detachment;

7 joules--severe angle recession, iridodialysis, and cyclodialysis;

7.5 joules--corneal stromal distraction;

9.3 joules--choroidal segmentation;

10 joules--globe rupture.

 

Hence our paintball friends not wearing just mesh or shooting goggles. They are decked out in heavy duty plastic goggles to stay safe :)

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Yea you can use Automatic now although it is obviously banned in SpeedBall, i find that weird that Paintball is Far worse especially because i've only gotten slight Bruises from Speedball (I'm a Snake Player my self so i get Kippered good when i'm caught out) but in airsoft in the same range's i alway's leave with cut's to my body and scarring for 5 month's after. Great Info their is it all from one Place i'd love to read it at somepoint?

 

I'm only aware of UK Speedball Shooting at 280 but it dosen't surprise me they allow higher elsewhere i mean just look at american airsoft with their 400FPS Automatic CQB Gun's (Yes that Intimidate's me aswell)

 

Although i was thinking more along the line's of keeping it at Standard FPS Limit's for Each sport Eg Speedball - 280, Airsoft - 330 would probably not change the end result's much but would certainly bring them closer together?

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Craig, you're missing my point.

 

Under section 40 it says it's illegal to supply under 18's with airsoft.

 

And section 36 says it's illegal to manufacture RIF's whilst section 37 lists the specific defences to section 36.

 

I see no-where where it says RIF's can't be manufactured by an under 18 WITH a valid defence

 

If I'm really missing something please quote the text and give me a source from which it was taken from.

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Although i was thinking more along the line's of keeping it at Standard FPS Limit's for Each sport Eg Speedball - 280, Airsoft - 330 would probably not change the end result's much but would certainly bring them closer together?

 

Well it would slightly, I would need to dig out a calculator :)

 

http://www.1728.org/energy.htm

 

0.2g at 330FPS is 1.0117 J

2.84g at 280FPS is 10.343 J

 

So its closer, but in our quoted medical eye test example an airsoft round would not actually show on their scale (which starts at2 J up) at 330 FPS, not even at 350 FPS (1.1381 J). A paintball round at 280fps would still remove/explode your eyeball (and could kill you if it carried on backwards, at least thats what was always said in the safety briefs).

 

Not suggesting anyone try playing without proper eye protection obviously, you only get one set of eyes peeps and sure 1 joule is enough to do some bad things to your eyes...

 

Sites I quoted from are below:

 

Blunt eye trauma: empirical histopathologic paintball impact thresholds

http://www.ncbi.nlm....pubmed/21508104

 

Airsoft Vs. Paintball (Kinetic energy):

http://www.selfgrowt...sPaintball.html

 

and for international limits first paintball site I came cross :) :

http://www.suffolkpa...o.uk/about.html

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RE: Saltyyy, That's because an Under 18 can't avail a defence because it isn't for ownership just making and selling or am i still missing it?

 

RE: Magicaldr, Oh so i'm correct in thinking that Just because a Plastic BB is a Solid and a Paintball is designed to break dosen't have any spin on it then?

 

(I like this Gentlemanly discussion well done lad's!)

Yea don't do either without atleast EyePro and i shall read those Learning is alway's fun for me now i'm out of the School environment(Go Figure)

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RE: Magicaldr, Oh so i'm correct in thinking that Just because a Plastic BB is a Solid and a Paintball is designed to break dosen't have any spin on it then?

 

I think lack of spin on paintballs (or our hop up) would only affect range. The fact they break up would help dissipate the energy as opposed to penetrating (but physics was a long time ago). However as they carry an order of magnitude more energy than an airsoft round they would still be far more dangerous I would suggest.

 

Cant back that one up with google yet :) but can with size of holes in me after paintball...

 

Then again never really recovered from when 3 of us ran into the enemy fort of 40 odd peeps all with semi autos after we got our timing wrong (5 mins in to 20 min game not 18 mins in). They were meant to have been whittled down and low on ammo, they weren't. Ouch was operative word, we apparently left the floor as a wall of paint descended from from 270 degrees, getting more solid until it met the 3 of us running and threw us out opposite doorway. (Quote from the marshal who was watching / laughing at us).

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