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Socky

UKARA self check issue

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Hi everyone,

 

I have asked a lot of these questions in the past, but always prefer to be on the safe side. So I did a UKARA self check today and was told the UKARA expired last week - does this now mean *strictly speaking* to make the sale would be illegal?

 

Socky

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2 minutes ago, rocketdogbert said:

How did you do the self check?

I rang up fire support earlier today

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Fair enough. So,you checking your own or someone else’s?

 

Anyone, UKARA is only one of a multitude of defences, so we’ll need some more details

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15 minutes ago, Socky said:

Someone else's, UKARA is all they have sadly so thats all i can go off

 

 

Your call then, if you’re satisfied they’re a genuine airsofter, fine. Any doubts, not fine.

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1 hour ago, Socky said:

does this now mean *strictly speaking* to make the sale would be illegal

 

Strictly speaking - the best kind of speaking -  it's illegal with or without a UKARA.

 

A person is guilty of an offence if he sells a realistic imitation firearm.

 

If charged, it shall be a defence to show that the conduct was for the purpose only of making the imitation firearm in question available for [a variety of reasons, one of which is] the organisation and holding of permitted activities, which (probably) refers to airsoft skirmishing.

 

The reason that I'm linking directly to the Act, the Regulations and the explanatory notes is that - strictly speaking - there's no unambiguous answer to your question, since there's no case law on this that we're aware of.

 

For my own part, I'll note that UKARA only provides some indication of what a buyer has done, not what they will do, and it's a curious defence which requires the seller to predict the future.

 

A player could do 3 days in 2 months, then go 365 days without playing again, and still be assumed (by UKARA) to be an active skirmisher.  That's a bit of a stretch to adducing a defence "for the purposes only of" airsoft skirmishing.

 

But the tl;dr version is anyone who's managed to ever get a UKARA is unlikely to be a person who'll do something with a RIF that will bring it to the attention of the State.  That means that in practice it's just not going to be an issue for you.

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