Police and Crime Act 2017 - Airsoft Exemptions

[No8]

Greetings

My understanding of current legislation, i.e. the amendments in the 2017 Police and Crime Act, state that the exemption in the PCA outlines that airsoft guns, regardless of their power source, are not classed as firearms if they are designed to fire a plastic spherical projectile, no larger than 8mm with a muzzle energy no greater than 1.3 joules (370fps 0.2g bb, full auto capable weapons) or 2.5 joules (520fps 0.2gbb, single shot weapons).

 

Therefore they are not applicable as RIF's and therefore the defence under UKARA is no longer required.

Anyone the wiser?

Cheers.

[E21A]

Got about as much chance of pissing in the queens handbag as you have of buying a RIF from a shop without UKARA number 

[LordRonin]

What i get from it is, That no matter what airsoft guns will still be RIFs as they are Imitating a firearm

So even if they arent classed as Firearms they are still imitating one

[Jedi_Master]

Section 125 of the Policing and Crime Act 2017 provides an exemption for airsoft guns which is specifically in relation to Section 57A of the Firearms Act 1968.   Airsoft guns within the legal limits are not classed as firearms (being non lethal).  

 

However, there are no changes to Sections 36 - 41 of the VCRA 2006, which deal specifically with Imitation Firearms and RIFs.   Airsoft guns are still imitation firearms whether two-tone or realistic.  

 

You must be 18+ to buy one, and if a RIF to have a valid defence, i.e. membership of an airsoft site. Being on the UKARA database being the most widely recognised.

 

Not all BB guns are airsoft guns but all airsoft guns are BB guns; airsoft guns are not firearms but they are imitation firearms.  

[Guest]

@No8

 

Realistic IMITATION Firearm 😂😂

[Rogerborg]

As above, VCRA still applies.  Anything that looks like a real gun is an imitation firearm.  I see no reason why things that are firearms for the purposes of one statute couldn't also fall foul of being realistic imitation firearms for the purposes of another (e.g. an MP5K metal pellet air gun), but that's a spat for another thread.

 

One thing that I have to note in passing is:

 

19 hours ago, No8 said:

not classed as firearms if they are designed to fire a plastic spherical projectile, no larger than 8mm with a muzzle energy no greater than 1.3 joules (370fps 0.2g bb, full auto capable weapons) or 2.5 joules (520fps 0.2gbb, single shot weapons).

 

Yes on "designed" to shoot a plastic BB (even if it's capable of shooting metal), but strictly speaking, it must not be "capable" of discharging "a missile (of any kind)" at higher than the permitted levels.

 

Those of you who chrono to the limit with 0.2g BBs then load up 0.5g might want to bear that in mind.  There's nothing to stop the police or CPS dropping a steel BB in there and seeing how fast it comes out, even if it wrecks the hop on the way through.

 

https://www.legislation.gov.uk/ukpga/2017/3/section/125

 

[Mad Rag]

this guy needs to change his name tooooo ...............

[Karinexmachina]

So im wondering how this would apply to fictional guns like say... a Seburo C-30 would creating a Seburo C-30 for airsoft and cosplay purposes be legal?

[Tommikka]

12 minutes ago, Karinexmachina said:

So im wondering how this would apply to fictional guns like say... a Seburo C-30 would creating a Seburo C-30 for airsoft and cosplay purposes be legal?

It’s irrelevant that it’s fictional.

It looks like a gun to me.

 

If as an airsoft gun then under the VCRA a RIF version is permitted under the appropriate defences, or a two tone IF.

 

Cosplay purposes are not a VCRA Defence 

[Karinexmachina]

I have a UKARA and have gone skirmishing a few times, the VCRA says its illegal to manufacture RIF's. Seburo's arent real guns that exist they are fictional so would they still be classified as RIF's. or would they have to be IF's. Im not that familiar with all this yet.

[Tommikka]

13 minutes ago, Karinexmachina said:

I have a UKARA and have gone skirmishing a few times, the VCRA says its illegal to manufacture RIF's. Seburo's arent real guns that exist they are fictional so would they still be classified as RIF's. or would they have to be IF's. Im not that familiar with all this yet.

The relevant parts of the  VCRA are sections 36-39

 

https://www.legislation.gov.uk/ukpga/2006/38/contents

 

Section 37 gives the defences (excluding airsoft)

Airsoft skirmishing is under a Statutory Instrument as referred to in 36.6

 

As you have a UKARA registration then you have a Defence to make one (with the intent to skirmish)

If you also use it for Cosplay then you would not be breaching the VCRA due to your airsoft intent

[BigStew]

14 hours ago, Karinexmachina said:

So im wondering how this would apply to fictional guns like say... a Seburo C-30 would creating a Seburo C-30 for airsoft and cosplay purposes be legal?

If a member of the public thinks it real then the law thinks real. I cosplay as a colonial Marine the amount of times adults at cons ask if my pulse rifle is real is unbelievable.

[Karinexmachina]

7 hours ago, BigStew said:

If a member of the public thinks it real then the law thinks real. I cosplay as a colonial Marine the amount of times adults at cons ask if my pulse rifle is real is unbelievable.

I should have explained... Cosplaying while doing airsoft, I dont have much incentive to want to go to cons at the moment. if i ever did i wouldnt be taking a rifle like that anyway. i played First Assault alot while it was still around and i always wanted to see what it would be like to try and have a go at making gear suitable for airsoft. at the moment its just an aspiration.

[Rogerborg]

Let's read it together: https://www.legislation.gov.uk/ukpga/2006/38/section/38

 

"38 Meaning of “realistic imitation firearm”

(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;

 

(2) For the purposes of this section, an imitation firearm is not [...] 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

(c) as a result of an attempt to load or to fire it."

 

The mention of "expert" implies the test to be applied as to whether something is a RIF is the man on the Clapham omnibus.

 

"The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a civil action for negligence. The man on the Clapham omnibus is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law."

 

In this case, it applies very literally.  I believe that if you took that space-gun onto a bus, most people on it would assume, until proven otherwise, that it was real.  We would not, but we are "experts" in this regard.

 

I'd call that a RIF for the purposes of the legislation.

[WobblySausage_]

I don't understand why people have so many issues with this - The simple thing is to obtain a valid and legal UKARA number. It really isn't a difficult thing to obtain. 

 

Go and play Airsoft 3 times in 2 months (rent if you have too) and fill out your forms. Job done. 

[Rogerborg]

23 minutes ago, WobblySausage_ said:

legal UKARA number

 

<triggered.gif>

[Tommikka]

56 minutes ago, WobblySausage_ said:

.... legal UKARA number.... 

 

32 minutes ago, Rogerborg said:

 

<triggered.gif>

Now theres a money spinner for dodgy Dave down the pub

 

 

.... UKARA Number, £500, ask no questions and I’ll tell you no lies

[WobblySausage_]

2 hours ago, Rogerborg said:

 

<triggered.gif>

 

So it's ok for dave down the pub to put you on the UKARA database for a tenner despite the fact you have no intentions of skirmishing ect?

[Tommikka]

3 hours ago, WobblySausage_ said:

 

So it's ok for dave down the pub to put you on the UKARA database for a tenner despite the fact you have no intentions of skirmishing ect?

The OP didnt hang around to elaborate, but these threads are typically a kid under 18 who would not qualify for UKARA or other suitable VCRA defences

.... and with the size of a fine under the VCRA it’s not in Dave’s interests to charge only £10

 

 

Far easier from a certain website with ‘cosplay insurance’

[Rogerborg]

5 hours ago, WobblySausage_ said:

So it's ok for dave down the pub to put you on the UKARA database for a tenner despite the fact you have no intentions of skirmishing ect? 

 

Er, no.  Where I get twitchy is referring to a UKARA number as being "legal".

 

It's one thing that a seller could offer as a defence.  However, it's not part of the original 2006 Act, or the 2007 Amendment.  For that matter, neither is airsoft.  Airsoft is mentioned in a Home Office circular as an adjunct to the 2007 Amendment, as is something like UKARA (but not UKARA).  However, that's not legislation: nobody put their name to it, and it's not in a journal of record.  It could fall down the memory hole at any time.